NM Stat § 72-16-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-4 - Definitions.

Except where the context otherwise requires, as used in the Arroyo Flood Control Act: A. "act" means the Arroyo Flood Control Act; B. "acquisition" or "acquire" means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the federal government or any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract or other acquirement, or any combination of those, of facilities, other property or any project, or an interest in them, authorized by the Arroyo Flood Control Act; C. "authority" means the Albuquerque metropolitan arroyo flood control authority; D. "board" means the board of directors of the Albuquerque metropolitan arroyo flood control authority; E. "chair" means the chair of the board and president of the authority; F. "condemnation" or "condemn" means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property or project, or an interest in them, authorized by the Arroyo Flood Control Act. The authority may exercise in the state the power of eminent domain, either within or without the authority, and in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes of the Arroyo Flood Control Act. In the event the construction of any facility or project authorized by that act, or any part of the act makes necessary the removal and relocation of any public utilities, whether on private or public right of way, the authority shall reimburse the owner of the public utility facility for the expense of removal and relocation, including the cost of any necessary land or rights in land; G. "cost" or "cost of the project", or words of similar import, means any part designated by the board of the cost of any facilities, project or interest being acquired and of any property, rights, easements, privileges, agreements and franchises deemed by the authority to be necessary or useful and convenient or in connection therewith, which cost, at the option of the board, may include any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by any municipality from funds available for use in the making of surveys, preliminary plans, estimates of cost and other preliminaries; for the costs of appraising and printing and employing engineers, architects, fiscal agents, attorneys at law, clerical help or other agents or employees; for the costs of capitalizing interest or any discount on securities, of inspection, of any administrative, operating and other expenses of the authority prior to the levy and collection of taxes and of reserves for working capital, operation, maintenance or replacement expenses or for payment or security of principal of or interest on any securities; for the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of securities, the filing or recordation of instruments and the levy and collection of taxes and installments; for the costs of reimbursements by the authority to any public body, the federal government or any person of any money expended for or in connection with any facility or project; and for all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board; H. "director" means a member of the board; I. "disposal" or "dispose" means the sale, destruction, razing, loan, lease, gift, grant, transfer, assignment, mortgage, option to sell, other contract or other disposition, or any combination thereof, of facilities, other property or any project, or an interest in them, authorized by the Arroyo Flood Control Act; J. "engineer" means any engineer in the permanent employ of the authority or any independent competent engineer or firm of engineers employed by the authority in connection with any facility, property project or power authorized by the Arroyo Flood Control Act; K. "equipment" or "equip" means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination of them, appertaining to any facilities, property or project or interest in them, authorized by the Arroyo Flood Control Act; L. "facility" means any of the water facilities, sewer facilities or other property appertaining to the flood control system of the authority; M. "federal government" means the United States or any agency, instrumentality or corporation of the United States; N. "federal securities" means the bills, certificates of indebtedness, notes or bonds that are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States; O. "governing body" means the city council, city commission, board of commissioners, board of trustees, board of directors or other legislative body of the public body proceeding under the Arroyo Flood Control Act, in which body the legislative powers of the public body are vested; P. "hereby", "herein", "hereinabove", "hereinafter", "hereinbefore", "hereof", "hereto" and "hereunder" refer to the Arroyo Flood Control Act and not solely to the particular portion of the act in which such word is used; Q. "improvement" or "improve" means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement, or any combination, of facilities, other property or project or any interest in them, authorized by the Arroyo Flood Control Act; R. "mailed notice" or "notice by mail" means the giving by the engineer, secretary or any deputy, as determined by the board, of any designated written or printed notice addressed to the last known owner of each tract of real property in question or other designated person at the owner's last known address, by deposit, at least ten days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. In the absence of fraud, the failure to mail a notice shall not invalidate any proceedings under the Arroyo Flood Control Act. The names and addresses of the property owners shall be obtained from the records of the county assessor or from such other source as the secretary or the engineer deems reliable. Any list of names and addresses may be revised from time to time, but the list need not be revised more frequently than at twelve-month intervals. Any mailing of notice required shall be verified by the affidavit or certificate of the engineer, secretary, deputy or other person mailing the notice, which verification shall be retained in the records of the authority at least until all taxes and securities appertaining to taxes have been paid in full or any claim is barred by a statute of limitations; S. "may" is permissive; T. "municipality" means the city of Albuquerque or any other incorporated city, town or village in the state, whether incorporated or governed under a general act, special legislative act or special charter of any type. "Municipal" pertains thereto; U. "person" means any human being, association, partnership, firm or corporation, excluding a public body and excluding the federal government; V. "president" means the president of the authority and the chair of the board; W. "project" means any structure, facility, undertaking or system that the authority is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property. A project shall appertain to the flood control system that the authority is authorized and directed to provide within and without the authority's boundaries; X. "property" means real property and personal property; Y. "publication" or "publish" means publication in at least the one newspaper designated as the authority's official newspaper and published in the authority in the English language at least once a week and of general circulation in the authority. Except as otherwise specifically provided or necessarily implied, "publication" or "publish" also means publication for at least once a week for three consecutive weeks by three weekly insertions, the first publication being at least fifteen days prior to the designated time or event, unless otherwise stated. It is not necessary that publication be made on the same day of the week in each of the three calendar weeks, but not less than fourteen days shall intervene between the first publication and the last publication, and publication shall be complete on the day of the last publication. Any publication required shall be verified by the affidavit of the publisher and filed with the secretary; Z. "public body" means the state or any agency, instrumentality or corporation of the state, or any municipality, school district or other type district or any other political subdivision of the state, excluding the authority and excluding the federal government; AA. "qualified elector" means a person qualified and registered to vote in general elections in the state who is a resident of the authority at the time of any election held under the provisions of the Arroyo Flood Control Act or at any other time in reference to which the term "qualified elector" is used; BB. "real property" means: (1) land, including land under water; (2) buildings, structures, fixtures and improvements on land; (3) any property appurtenant to or used in connection with land; and (4) every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limiting the generality of the foregoing, rights of way, terms for years and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by the liens; CC. "secretary" means the secretary of the authority; DD. "secretary of state" means the secretary of the state of New Mexico; EE. "securities" means any notes, warrants, bonds, temporary bonds or interim debentures or other obligations of the authority or any public body appertaining to any project, or interest in a project authorized by the Arroyo Flood Control Act; FF. "sewer facilities" means any one or more of the various devices used in the collection, channeling, impounding or disposition of storm, flood or surface drainage waters, including all inlets, collection, drainage or disposal lines, canals, intercepting sewers, outfall sewers, all pumping, power and other equipment and appurtenances; all extensions, improvements, remodeling, additions and alterations; and any rights or interest in such sewer facilities; GG. "sewer improvement" or "improve any sewer" means the acquisition, reacquisition, improvement, reimprovement or repair of any storm sewer, or combination storm and sanitary sewer, including collecting and intercepting sewer lines or mains, submains, trunks, laterals, outlets, ditches, ventilation stations, pumping facilities, ejector stations and all other appurtenances and machinery necessary, useful or convenient for the collection, transportation and disposal of storm water; HH. "shall" is mandatory; II. "state" means the state of New Mexico or any agency, instrumentality or corporation of the state of New Mexico; JJ. "street" means any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic; KK. "taxes" means general (ad valorem) taxes pertaining to any project authorized by the Arroyo Flood Control Act; and LL. "treasurer" means the treasurer of the authority. History: 1953 Comp., § 75-36-4, enacted by Laws 1963, ch. 311, § 4; 2018, ch. 79, § 102. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, clarified that the definitions in this section govern the construction of the Arroyo Flood Control Act, revised certain definitions, and made technical changes; replaced all references to "this act" with "Arroyo Flood Control Act" throughout the section; in Subsection AA, after "person qualified", added "and registered"; and deleted Subsection LL, which defined "taxpaying elector". Common-law sovereign immunity was applicable to claim against authority. — Common-law sovereign immunity, as it existed in New Mexico prior to the decision in Hicks v. State, 88 N.M. 588, 544 P.2d 1153 (1975), was applicable to plaintiff's claim against the Albuquerque metropolitan arroyo flood control authority for an accident which took place in June, 1974. Gallagher v. Albuquerque Metro. Arroyo Flood Control Auth., 1977-NMCA-029, 90 N.M. 309, 563 P.2d 103, cert. denied, 90 N.M. 636, 567 P.2d 485.