reglab/housing_qa huggingface dataset:
NM Stat § 3-29-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-15 - Association constitutes a public body corporate.

Upon the filing of each certificate and copy thereof as provided in Section 3-29-17 NMSA 1978, the persons so associating, their successors and those who may thereafter become members of the association constitute a public body corporate by the name set forth in the certificate and by such name may sue and be sued, have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property real and personal, accept grants and donations, borrow money, incur indebtedness, impose fees and assessments and do any other act or thing necessary or proper for carrying out the purposes of their organization. History: 1953 Comp., § 14-28-15, enacted by Laws 1965, ch. 300; 1967, ch. 45, § 1; 2000, ch. 56, § 3; 2006, ch. 60, § 10. ANNOTATIONSThe 2006 amendment, effective March 6, 2006, provided that an association constitutes a public body corporate and may accept grants and donations, borrow money, incur indebtedness, and impose fees and assessments and deleted former Subsection B, which provided for the issuance of bonds by associations. The 2000 amendment, effective March 6, 2000, in Subsection B, deleted "of public health" preceding "and the department of finance", inserted "refinancing, refunding", and substituted "warrant" for "warrants" in the second sentence. Legislative intent is clear that financing or refinancing could be effected with the joint approval of the department of public health (now department of health) and the department of finance and administration. The new association can assume the bonded indebtedness of the previous corporation subject to the approval of the departments just mentioned. 1961 Op. Att'y Gen. No. 61-44. Language of section spells out and circumscribes money borrowing powers of associations either to become indebted or to issue bonds. 1961 Op. Att'y Gen. No. 61-44.
NM Stat § 3-29-16 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-16 - Certificate of association.

A. The members of an association shall execute a certificate setting forth: (1) the name of the association; (2) the name of the individuals organizing the association; (3) the location of the principal office of the association in this state; (4) the objects and purposes of the association; (5) the address of the initial registered office of the association and the name of the initial registered agent at that address; (6) the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its work and for its necessary expenses; (7) the duration of existence of the association, which may be perpetual; (8) the number and manner of electing the board of directors of the association and the length of the terms that the directors will serve; (9) the definition of a member of the association and the voting rights associated with the membership; and (10) the manner of dissolution of the association as a public body. B. Pursuant to the registered agent requirement of Paragraph (5) of Subsection A of this section, there shall be attached to the certificate a statement executed by the registered agent in which the agent acknowledges acceptance of the appointment by the filing association, if the agent is an individual, or a statement executed by an authorized officer of a corporation in which the officer acknowledges the corporation's acceptance of the appointment by the filing association as its registered agent, if the agent is a corporation. C. The certificate or any amendment thereof made as provided in Section 3-29-19 NMSA 1978 may also contain provisions not inconsistent with the Sanitary Projects Act or other law of this state that the organizers may choose to insert for the regulation and conduct of the business and affairs of the association. There shall accompany each certificate a list to show the total number of members of the association and the total number of dwelling units served by the association at the time of filing. History: 1953 Comp., § 14-28-16, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 2; 2003, ch. 318, § 1; 2006, ch. 60, § 11. ANNOTATIONSThe 2006 amendment, effective March 6, 2006, deleted part of Subsection A(6) relating to capital stock, and added Subsections A(9) and A(10). The 2003 amendment, effective July 1, 2003, reorganized the section into Subsections A and C and redesignated former Subsections A to H as Paragraphs A(1) to (8); and added present Subsection B. The 2001 amendment, effective July 1, 2001, substituted "the principal office of the association" for "its principal office" in Subsection C; inserted Subsection E, redesignated the remaining subsections accordingly; deleted the designation from the final paragraph; and updated the internal reference in the last paragraph.
NM Stat § 3-29-17 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-17 - Filing of certificate and bylaws.

The certificate of association and bylaws shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state. A copy of the certificate, duly certified by the secretary of state or county clerk, shall be evidence in all courts and places. History: 1953 Comp., § 14-28-17, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 3; 2006, ch. 60, § 12; 2013, ch. 75, § 3. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that certificates of association and bylaws be filed with the secretary of state; in the first sentence, after "filed in the office of the" deleted "public regulation commission" and added "secretary of state"; and in the second sentence, after "duly certified by the", deleted "commission" and added "secretary of state". The 2006 amendment, effective March 6, 2006, required the bylaws to be acknowledged. The 2001 amendment, effective July 1, 2001, inserted "of association" following "The certificate"; and substituted "public regulation commission" for "state corporation commission".
NM Stat § 3-29-17.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-17.1 - Registered office and registered agent.

An association shall have and continuously maintain in the state: A. a registered office, which may be the same as its principal office; and B. a registered agent that may be: (1) an individual resident in the state whose business office is identical with the registered office of the association; (2) a for-profit or not-for-profit domestic corporation having an office identical with the registered office of the association; or (3) a for-profit or not-for-profit foreign corporation authorized to transact business or conduct affairs in New Mexico and having an office identical with the registered office of the corporation. History: Laws 2001, ch. 200, § 4. ANNOTATIONSCross references. — For corporations generally, see Chapter 53 NMSA 1978. Effective dates. — Laws 2001, ch. 200, § 101 made the act effective July 1, 2001.
NM Stat § 3-29-17.3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-17.3 - Service of process on association.

The registered agent appointed by an association shall be an agent of the association upon whom any process, notice or demand required or permitted by law to be served upon the association may be served. Nothing in this section limits or affects the right for process, notice or demand to be served upon an association in any other manner permitted by law. History: Laws 2001, ch. 200, § 6. ANNOTATIONSCross references. — For civil process, see Rule 1-004 NMRA. Effective dates. — Laws 2001, ch. 200, § 101 made the act effective July 1, 2001.
NM Stat § 3-29-17.4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-17.4 - Annual report.

A. An association shall file, within the time prescribed by the Sanitary Projects Act, on forms prescribed and furnished by the secretary of state to the association not less than thirty days prior to the date the report is due, an annual report setting forth: (1) the name of the association; (2) the address of the registered office of the association in the state and the name of its registered agent in this state at that address; (3) a brief statement of the character of the affairs that the association is actually conducting; and (4) the names and respective addresses of the directors and officers of the association. B. The report shall be signed and sworn to by two of the members of the association. If the association is in the hands of a receiver or trustee, the report shall be executed on behalf of the association by the receiver or trustee. A copy of the report shall be maintained at the association's principal place of business as contained in the report and shall be made available to the general public for inspection during regular business hours. History: Laws 2001, ch. 200, § 7; 2006, ch. 60, § 13; 2013, ch. 75, § 5. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that the secretary of state prescribe and furnish annual report forms for associations; and in Subsection A, in the introductory sentence, after "prescribed and furnished by the", deleted "public regulation commission" and added "secretary of state". The 2006 amendment, effective March 6, 2006, deleted the requirement that the report state the state or country under the laws of which the association is incorporated in Paragraph (1) of Subsection A.
NM Stat § 3-29-18 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-18 - Repealed.

History: 1953 Comp., § 14-28-18, enacted by Laws 1965, ch. 300; repealed by Laws 2006, ch. 60, § 20.ANNOTATIONSRepeals. — Laws 2006, ch. 60, § 20 repealed 3-29-18 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to the submission of documents for complying with the Sanitary Projects Act to the department of environment, effective March 6, 2006. For provisions of former section, see the 2005 NMSA 1978 on the NMOneSource.com.
NM Stat § 3-29-19 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-19 - Amendment of certificate of association and bylaws; method.

Every association may make such amendment, change or alteration to its certificate of association or bylaws as may be desired not inconsistent with the Sanitary Projects Act or other law of this state by a resolution adopted by a vote of a majority of the members present at any regular or special meeting duly held upon such notice as the bylaws provide. A certified copy of such resolution with the affidavit of the president and secretary that the resolution was duly adopted by a majority vote of the members at a meeting held in accordance with the provisions of this section shall be filed and recorded as provided for filing and recording the original certificate of association and bylaws, and thereupon the certificate of association and bylaws shall be deemed to be amended accordingly, and a copy of such certificate of amendment certified by the secretary of state or the county clerk shall be accepted as evidence of each change or amendment in all courts and places. History: 1953 Comp., § 14-28-19, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 15; 2013, ch. 75, § 6. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that the secretary of state certify amended certificates of association; and in second sentence, after "certified by the", deleted "public regulation commission" and added "secretary of state". The 2006 amendment, effective March 6, 2006, deleted the provision that an association may change its name, capital stock or membership, location of its principle office and period of existence and authorized an association to amend, change or alter its certificate of association or bylaws.
NM Stat § 3-29-19.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-19.1 - Bylaws.

A. Members shall adopt bylaws by no less than a majority vote of a quorum of the membership of the association setting forth: (1) the name of the association; (2) the requirement of an association seal; (3) the fiscal year of the association; (4) guidelines for membership, which shall include the sentence "Membership shall not be denied because of the applicant's race, color, creed, national origin or sex."; (5) guidelines for meetings of the membership, which shall include the date or time period of a membership meeting, required notice of a meeting, establishment of a quorum and the order of business to be conducted at a meeting of the membership; (6) the functions of the board of directors, including a conflict of interest policy for the board; (7) the duties of officers of the board of directors; and (8) provisions for the board of directors to establish rules to govern the day-to-day operations of the project, including a code of conduct for staff and provisions to establish an annual budget, rate structure, assessments and reserve funds. B. The bylaws, or any amendment thereof made as provided in Section 3-29-19 NMSA 1978, may also contain provisions not inconsistent with the Sanitary Projects Act or other law of this state that the organizers may choose to insert for the regulation and conduct of the business and affairs of the association. C. The department may prescribe by rule guidelines for bylaws and rules of an association. History: Laws 2006, ch. 60, § 17. ANNOTATIONSEmergency clause. — Laws 2006, ch. 60, § 21 contained an emergency clause and was approved March 6, 2006.
NM Stat § 3-29-20.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-20.1 - Merger of two or more associations into one association.

Upon approval by vote of a majority of a quorum of each membership, two or more associations may merge into one association pursuant to a plan of merger approved in the manner provided by this section. The board of directors of each association shall, by resolution adopted by each board, approve a plan of merger setting forth: A. the names of the associations proposing to merge, and the association into which they propose to merge, which is hereinafter designated as the "surviving association"; B. the terms and conditions of the proposed merger, including transfer of assets and liabilities; C. the manner and basis of converting each association's obligations or other securities into the surviving association; D. a statement of any changes in the certificate of association of the surviving association to be affected by the merger; and E. other provisions with respect to the proposed merger as deemed necessary or desirable. History: Laws 2006, ch. 60, § 19. ANNOTATIONSEmergency clause. — Laws 2006, ch. 60, § 21 contained an emergency clause and was approved March 6, 2006.
NM Stat § 3-29-21 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-21 - Exemptions from Special District Procedures Act provisions.

An association formed pursuant to the provisions of the Sanitary Projects Act may be formed exclusively as provided in that act, and formation of the association shall be exempt from all review and requirements set forth in the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978]. History: Laws 2006, ch. 60, § 18. ANNOTATIONSEmergency clause. — Laws 2006, ch. 60, § 21 contained an emergency clause and was approved March 6, 2006.
NM Stat § 3-30-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 30 - Municipal Debt; Voting on Question|Section 3-30-2 - Repealed.

History: 1953, Comp., § 14-29-2, enacted by Laws 1965, ch. 300; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 3-30-2 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to nonresident municipal elector, qualifications, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 3-30-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 30 - Municipal Debt; Voting on Question|Section 3-30-3 - Repealed.

History: 1953 Comp., § 14-29-3, enacted by Laws 1965, ch. 300; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 3-30-3 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to nonresident municipal elector, manner of registering to vote on question of creating a municipal debt, certificate of eligibility, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 3-30-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 30 - Municipal Debt; Voting on Question|Section 3-30-4 - Repealed.

History: 1953, Comp., § 14-29-4, enacted by Laws 1965, ch. 300; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 3-30-4 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to nonresident polling place, duties of the municipal clerk to register nonresident municipal electors, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 3-30-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 30 - Municipal Debt; Voting on Question|Section 3-30-7 - Canvass of bond election; certification of results; effect.

A. The vote upon each question proposing to issue negotiable bonds shall be canvassed as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978], and the municipal clerk shall file the certificate of canvass in the official minute book of the municipality. B. If a majority of those voting on the question favors the creation of the debt, the governing body of the municipality may proceed to issue the negotiable bonds. History: 1953 Comp., § 14-29-7, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 117; 2018, ch. 79, § 66. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that bond elections shall be canvassed pursuant to the provisions of the Local Election Act, and made technical changes; and in Subsection A, deleted "Municipal Election Code" and added "Local Election Act", and after "municipal clerk shall", deleted "certify the results of the election and". Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act. Constitutionality. — This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations §§ 170 to 175. 64 C.J.S. Municipal Corporations § 1928.
NM Stat § 3-30-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 30 - Municipal Debt; Voting on Question|Section 3-30-8 - General obligation bonds; issuance; sale; payable.

A. The bonds shall be issued and sold in the manner authorized under Sections 6-15-3 through 6-15-10 NMSA 1978. B. The bonds shall be of such denomination or denominations and shall be payable at such place or places within or without the state or both, shall be in such form, and otherwise shall bear such terms and conditions, as the governing body may determine, except as otherwise provided by law. C. Said bonds shall be signed by the mayor and by the clerk, and the coupons appertaining thereto shall be signed by the treasurer. D. The facsimile signature of the treasurer may be engraved, imprinted, stamped or otherwise reproduced on the coupons. E. The bonds may be executed in the manner provided by the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978]. History: 1953 Comp., § 14-29-8, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For destruction of documentary evidence of extinguished public debt, see 6-10-62 NMSA 1978. Constitutionality. — This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336. Bonds invalid where statutory election procedure not followed. — Because the board of trustees, in holding an election to determine the issuance of bonds, did not follow the procedure prescribed by statute, the bonds authorized at such election were invalid. Lanigan v. Town of Gallup, 1913-NMSC-024, 17 N.M. 627, 131 P. 997. Sale of general obligation bonds below par and accrued interest was illegal. Stone v. City of Hobbs, 1950-NMSC-032, 54 N.M. 237, 220 P.2d 704. Bonds not invalidated by sale by successor officers. — Bonds signed by the proper officers in office at the date of execution of the same were not invalidated by fact that the sale of the bonds was not concluded by such officers, but by their successors. City of Albuquerque v. Water Supply Co., 1918-NMSC-088, 24 N.M. 368, 174 P. 217. Refunding. — A municipality in refunding part of a single issue of water bonds, redeemable before maturity, may exercise its discretion in selecting bonds to be refunded. Town of Alamogordo v. Beall, 1937-NMSC-003, 41 N.M. 93, 64 P.2d 384. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations §§ 182 to 217. Bid for municipal bond issue, rights and obligations arising out of, 139 A.L.R. 1047. Sale of municipal or other public bonds at less than par or face value, 162 A.L.R. 396. 64 C.J.S. Municipal Corporations §§ 1930, 1935, 1941.
NM Stat § 3-30-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 30 - Municipal Debt; Voting on Question|Section 3-30-9 - Pledge of full faith and credit.

The full faith and credit of the municipality shall be pledged to the payment of the negotiable bonds. The governing body shall levy and collect, upon all the taxable property within the municipality subject to taxation, such taxes as are necessary to pay the interest on and the principal of the negotiable bonds as the interest and principal become due, without limitation as to rate or amount. The municipality may pay the principal of and interest on any general obligation bonds from any available revenues, and the levy or levies of taxes may be diminished to the extent such other revenues are available for the payment of such principal and interest. History: 1953 Comp., § 14-29-9, enacted by Laws 1965, ch. 300. ANNOTATIONSConstitutionality. — This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336. Mandamus to compel tax levy. — In an action of mandamus to compel levy and collection of tax to pay bonds, where the only denial of validity of the bonds was based upon a misunderstanding of the requirements in regard to their issue, mandamus would lie to compel a tax levy without first reducing the bonds to judgment. Territory ex rel. Parker v. Mayor of Socorro, 1904-NMSC-012, 12 N.M. 177, 76 P. 283. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations §§ 399 to 412. Injunction against enforcement of illegal municipal tax, upon joinder of several affected thereby, 156 A.L.R. 319. Right of holder of bond to full or pro rata payment when fund out of which obligation is payable is insufficient to pay all obligations of equal value, 171 A.L.R. 1033. 64 C.J.S. Municipal Corporations § 1997.