reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-19 - [Redemption; notice; cancellation.]

It shall be the duty of the county treasurer to keep the interest and sinking fund account of the county separate and distinct, and when there are sufficient funds in his hands to the credit of the redemption fund to pay in full the principal and interest of any such bonds issued under this article by any such county, to immediately call in and pay as many of such bonds, with accrued interest thereon, as such funds in hand will liquidate, as hereinbefore provided. Such bonds shall be paid in the order of their number, and when it is desired to redeem any of such bonds the county treasurer shall cause to be published for thirty days in some newspaper at or nearest the county seat, a notice stating that certain county bonds by numbers and amounts will be paid on presentation, and that at the expiration of thirty days such bonds will cease to bear interest, and when any bonds or coupons issued under this article are redeemed, it shall be the duty of such treasurer to certify his action to the board of county commissioners, who shall cancel the bonds by punching holes through all the signatures of the bonds and coupons, so that they can be plainly identified, and cause record to be made of the same.
History:
Laws 1891, ch. 83, § 14; C.L. 1897, § 362; Code 1915, § 1169; C.S. 1929, § 33-3914; 1941 Comp., § 15-4615; 1953 Comp., § 15-49-18.
ANNOTATIONS
Cross references.
— For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-20 - [Use of funds for specific purpose; misapplication; penalty.]

No bonds issued under this article, nor the proceeds thereof, shall be used for any other purpose than that for which they were issued. Any officer who shall apply the same to any other purpose shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than double the amount of the bonds so misapplied, and imprisoned not less than one year: provided, that the proceeds of such bonds may be applied for the redemption of the same.
History:
Laws 1891, ch. 83, § 15; C.L. 1897, § 363; Code 1915, § 1170; C.S. 1929, § 33-3915; 1941 Comp., § 15-4616; 1953 Comp., § 15-49-19.
ANNOTATIONS
Cross references.
— For purposes for which bonds issued,
see
4-49-1 NMSA 1978.
Interest from investments deemed part of proceeds.
— General obligation bonds were issued by the county for the specific purpose of constructing and equipping a county detention facility. This is the purpose for which the voters approved the bonds. The interest from the investment of the proceeds may not be used for the construction of a juvenile detention home.
State ex rel. Bd. of Cnty. Comm'rs v. Montoya
, 1978-NMSC-013, 91 N.M. 421, 575 P.2d 605.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-21 - [Failure to levy tax; mandamus.]

If for any cause the board of county commissioners or county clerk, or other authority of any county who is by law charged with the levying of taxes or placing the same upon the tax books, shall fail or neglect to make such levy or place the same in the tax books at the time herein provided, the holder or holders of any such bonds or coupons shall have the right by mandamus to compel the levy and collection of such taxes or the placing of the same on the said tax book. The writ of mandamus herein provided for may be granted either in term time or vacation, and the necessary jurisdiction for that purpose is hereby conferred.
History:
Laws 1891, ch. 83, § 16; C.L. 1897, § 364; Code 1915, § 1171; C.S. 1929, § 33-3916; 1941 Comp., § 15-4617; 1953 Comp., § 15-49-20.
ANNOTATIONS
Cross references.
— For mandamus generally,
see
44-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-1 - County flood commissioner; appointment; salary.

Subject to the approval of the board of county commissioners, there is created the office of county flood commissioner in each county through which runs any river or stream which is subject to flood conditions destructive to property or dangerous to human life. County flood commissioners shall be appointed by the governor to serve for a term of two years, or until their successors are appointed and qualify, and they shall each receive a salary of one dollar ($1.00) a year payable from the county flood fund.
History:
Laws 1921, ch. 163, § 1; C.S. 1929, § 33-5001; 1941 Comp., § 15-4701; 1953 Comp., § 15-50-1; Laws 1967, ch. 238, § 8.
ANNOTATIONS
Cross references.
— For powers relating to flood and mud-slide hazard areas,
see
3-18-7 NMSA 1978.
For flood control in municipalities,
see
3-41-1 NMSA 1978 et seq.
For disaster relief emergency funds,
see
6-7-1 to 6-7-3 NMSA 1978.
For oath and bond of county officers,
see
10-1-13 NMSA 1978.
For the Arroyo Flood Control Act,
see
72-16-1 NMSA 1978 et seq.
For the Las Cruces Arroyo Flood Control Act,
see
72-17-1 NMSA 1978 et seq.
For the Flood Control District Act,
see
72-18-1 NMSA 1978 et seq.
For the Southern Sandoval County Arroyo Flood Control Act,
see
72-19-1 NMSA 1978 et seq.
Appointment of commissioner.
— Appointment of a county flood commissioner is not subject to the approval of the county commissioners. The sole authority of the county commissioners in this regard is to approve the establishment of the office of county flood commissioner. Once such commissioners have exercised their discretion in approving the establishment of such an office, the sole power of appointment of a person to such office is then vested with the governor. 1960 Op. Att'y Gen. No. 60-134.
Cooperation with cities and federal government proper.
— A county and a city can enter into an agreement to cooperate in sponsoring a flood control project, and counties and cities can cooperate with the federal government and seek aid under the Watershed Protection and Flood Prevention Act (16 U.S.C. § 1001 et seq.). 1963 Op. Att'y Gen. No. 63-82 (opinion rendered under former law).
Law reviews.
— For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of municipality or other governmental subdivision in connection with flood-protection measures. 5 A.L.R.2d 57.
52A C.J.S. Levees and Flood Control § 21.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-3 - Inspection of rivers; construction of works; personnel; contracts for financing.

County flood commissioners may inspect rivers and streams in their respective counties where flood waters are liable to cause damage to property or life and in their discretion cause to be constructed and maintained dikes, embankments, dams, ditches or other structures or excavations necessary to control such flood water and protect life and property in their counties against loss and damage. County flood commissioners may employ engineering and other personnel, directly supervise or contract for the construction and maintenance of flood control works and do all other acts necessary to carry into effect the provisions of Sections 4-50-1 through 4-50-9 NMSA 1978. If the money in the county flood fund is insufficient to finance flood control projects and provide for maintenance, the board of county commissioners, upon the recommendation of the county flood commissioner, may contract with any federal or state agency for grants or loans for the purpose of construction and maintenance of dikes, dams, embankments, ditches and other structures and excavations. Any contract for borrowing funds from state or federal agencies may provide that annual installments of principal and interest on the debt shall be paid out of the appropriate account within the county flood fund. The provisions of Sections 6-6-11 through 6-6-18 NMSA 1978 shall not apply to contracts entered into with state or federal agencies for flood control projects under the provisions of this section.
History:
Laws 1921, ch. 163, § 3; C.S. 1929, § 33-5003; 1941 Comp., § 15-4703; 1953 Comp., § 15-50-3; Laws 1969, ch. 72, § 2.
ANNOTATIONS
Cross references.
— For limitation upon and payment of indebtedness and expenses,
see
4-50-6 NMSA 1978.
For county debt limit,
see
N.M. Const., art. IX, § 13.
For finances of counties, municipalities and school districts generally,
see
6-6-7 NMSA 1978 et seq.
Powers of commissioners as to employment of personnel.
— The county flood commissioner may do all acts necessary to carry into effect the terms of 4-50-1 to 4-50-9 NMSA 1978 and if employment of an attorney or an engineer or others for varied purposes to initiate or to carry through a program of flood control is reasonably necessary, such employment is authorized. 1952 Op. Att'y Gen. No. 52-5535.
Power of commissioners to incur long-term indebtedness.
— There is no prohibition against county flood commissioners incurring a long-term indebtedness for flood control purposes if such contract is entered into in good faith and pursuant to the county flood commissioners' statutory powers. 1968 Op. Att'y Gen. No. 68-78.
So long as the county flood commissioners do not bind the county in a long-term lease under this section, to a debt for which the installment due during any one year cannot be paid in that year, the debt is binding and does not violate 4-50-6 NMSA 1978. 1968 Op. Att'y Gen. No. 68-78.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-4 - [Entry upon lands; damages; interference; misdemeanor; objections.]

Such county flood commissioners, their agents and employes [employees] shall have free and unobstructed ingress and egress to any and all lands and premises where such ingress and egress are necessary to the performance of the duties by this act [4-50-1 to 4-50-9 NMSA 1978] imposed, and shall not be liable for damages because of any such entry, except for wanton and malicious injury, and any person or persons obstructing such ingress or egress shall, upon conviction thereof, be found guilty of a misdemeanor. Provided, however, that no such dikes, embankments, dams and ditches, or other structures or excavations shall be constructed, built or maintained where written objection to such construction, building and maintaining are filed by the state engineer with any commissioner in charge thereof, and except in the manner as, after such objection, shall be approved by said state engineer.
History:
Laws 1921, ch. 163, § 4; C.S. 1929, § 33-5004; 1941 Comp., § 15-4704; 1953 Comp., § 15-50-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the Tort Claims Act,
see
41-4-1 NMSA 1978 et seq.
For state engineer generally,
see
72-2-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-5 - Condemnation of property.

The county flood commissioners shall have the power to condemn property for the purpose of carrying Sections 4-50-1 through 4-50-17 NMSA 1978 into effect, upon petition to the district courts, and in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
Laws 1921, ch. 163, § 5; C.S. 1929, § 33-5005; 1941 Comp., § 15-4705; 1953 Comp., § 15-50-5; 1981, ch. 125, § 44.
ANNOTATIONS
Cross references.
— For eminent domain and condemnation generally,
see
N.M. Const., art. II, § 20, and 42A-1-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 27 Am. Jur. 2d Eminent Domain § 81.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-6 - Limit on indebtedness; payment of expenses.

A. No expense or indebtedness shall be incurred by any county flood commissioner in excess of the amount of any annual levy, excepting where there may be remaining on hand funds arising from previous similar levies; provided, however, that where a board of county commissioners, upon the recommendation of the county flood commissioner, contracts to borrow funds from a state or federal agency or from the New Mexico finance authority for flood control projects and pledges the proceeds of the annual levies for their repayment, the amount which may be borrowed shall be limited by the terms of repayment so that no annual installment of principal and interest shall exceed eighty percent of the amount produced by the annual levy in the year preceding the signing of the loan agreement.
B. All expenses and indebtedness incurred by any county flood commissioner under the provisions of Sections 4-50-1 through 4-50-9 NMSA 1978 shall be subject to the approval of the board of county commissioners. Upon the approval of the board, the expenses and indebtedness incurred shall be paid upon warrant drawn by the board of county commissioners, upon the filing by the county flood commissioner of vouchers for the expenditures and indebtedness with the board of county commissioners. The warrants shall be paid by the county treasurer out of the appropriate separate account within the county flood fund. The county clerk shall file and keep a record of all vouchers filed with the board of county commissioners by the county flood commissioner.
History:
Laws 1921, ch. 163, § 6; C.S. 1929, § 33-5006; 1941 Comp., § 15-4706; 1953 Comp., § 15-50-6; Laws 1961, ch. 72, § 1; 1969, ch. 72, § 3; 1997, ch. 79, § 2.
ANNOTATIONS
Cross references.
— For power of commissioners to contract for financing,
see
4-50-3 NMSA 1978.
For county debt limit,
see
N.M. Const., art. IX, § 13.
For finances of counties, municipalities and school districts generally,
see
6-6-7 NMSA 1978 et seq.
For powers of flood commissioners to incur long-term indebtedness,
see
notes under 4-50-3 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, in Subsection A, inserted "or from the New Mexico finance authority" near the middle and, in Subsection B, substituted "4-50-1 through 4-50-9 NMSA 1978" for "15-50-1 through 15-50-9 NMSA 1953" in the first sentence and deleted "or warrants" following "upon warrant" in the second sentence.
Disbursement of flood moneys.
— The county flood commissioner and not the board of county commissioners is under this section empowered to disburse county flood moneys. 1942 Op. Att'y Gen. No. 42-3986 (rendered under prior law).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-7 - [Report to county commissioners.]

Between the 15th day of December of each year and the succeeding first day of January each county flood commissioner shall make full and detailed report to the county commissioners of their respective counties, giving a detailed description of all work constructed, built or maintained by them during the current year, together with a full and true account of all expenditures made by such county flood commissioner. A copy of the report by this act [4-50-1 to 4-50-9 NMSA 1978] required shall be filed in the office of the state engineer.
History:
Laws 1921, ch. 163, § 7; C.S. 1929, § 33-5007; 1941 Comp., § 15-4707; 1953 Comp., § 15-50-7.
ANNOTATIONS
Cross references.
— For filing with county clerk of monthly statements of public moneys received and disbursed by county and precinct officers,
see
10-17-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-8 - [Work in adjoining counties.]

The county flood commissioners are hereby authorized and empowered to jointly expend money with the county flood commissioners of adjoining counties, or to locate dikes, dams, embankments, ditches and other structures and excavations without their counties when such location is deemed necessary for the purpose of protecting property and lives in their counties.
History:
Laws 1921, ch. 163, § 8; C.S. 1929, § 33-5008; 1941 Comp., § 15-4708; 1953 Comp., § 15-50-8.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-9 - [Expenditure of funds raised under prior law.]

All county flood funds now on hand shall be held and disbursed subject to the provisions of this act [4-50-1 to 4-50-9 NMSA 1978]. All moneys in the county flood fund of the respective counties affected by this act, levied under the provisions of Section 1308 of the Compiled Laws of 1915, of the state of New Mexico, shall be held, applied and expended in accordance with the terms and provisions of this act.
History:
Laws 1921, ch. 163, § 9; C.S. 1929, § 33-5009; 1941 Comp., § 15-4709; 1953 Comp., § 15-50-9.
ANNOTATIONS
Compiler's notes.
— Code 1915, § 1308, referred to in this section, is deemed to have been superseded by 4-50-2 NMSA 1978.
Cross references.
— For county flood fund,
see
4-50-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-10 - [Emergency flood districts; establishment.]

Each county of the state through which runs any river, stream or arroyo subject to flood conditions destructive to property or dangerous to human life shall be by the board of county commissioners, within thirty days after the passage and approval of this act [4-50-10 to 4-50-17 NMSA 1978], divided into emergency flood districts, and said board shall set out the limits and boundaries of each said district, and cause the same to be properly numbered so that the same may be known and identified.
History:
Laws 1921, ch. 169, § 1; C.S. 1929, § 151-301; 1941 Comp., § 15-4710; 1953 Comp., § 15-50-10.
ANNOTATIONS
Power of county commissioners to redefine district boundaries.
— The 30-day specification in this section should not be regarded as a limitation on the authority of county commissioners to redefine emergency flood district boundaries. 1973 Op. Att'y Gen. No. 73-36.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-11 - [Emergency flood superintendent; appointment; qualifications.]

It shall be the duty of the board of county commissioners to appoint an emergency flood superintendent for each of said districts. Each emergency flood superintendent shall be a citizen of the United States, and of the state of New Mexico, and shall have resided in the district for which he is appointed not less than two years. The term "superintendent" wherever used in this act [4-50-10 to 4-50-17 NMSA 1978] shall be construed to mean "emergency flood superintendent."
History:
Laws 1921, ch. 169, § 2; C.S. 1929, § 151-302; 1941 Comp., § 15-4711; 1953 Comp., § 15-50-11.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-12 - [Term, oath and bond of superintendent.]

The term of office of such superintendent shall be for a period of two years, and until his successor is appointed and qualified, and the board of county commissioners shall have power to remove such officer for any cause they shall deem sufficient. Within thirty days from the date of appointment each superintendent shall qualify by taking and filing with the county clerk an oath to faithfully perform his duties as such superintendent, and shall furnish a bond to the county to faithfully perform his duties and to account for all moneys collected by him, which bond shall be in the sum of two thousand dollars [($2,000)], with at least two good and sufficient sureties, to be approved by the board of county commissioners, and filed with the county clerk.
History:
Laws 1921, ch. 169, § 3; C.S. 1929, § 151-303; 1941 Comp., § 15-4712; 1953 Comp., § 15-50-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For bonds of public officers generally,
see
10-2-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-13 - Emergency flood workers.

The superintendent, in all cases where property or life is threatened by flood waters, may, with the consent of the county commissioners, summon all or any part of the able-bodied male persons under the age of sixty years residing within his district and within five miles on each side of the flood river or stream, and require the persons summoned to work in the control and diversion of the flood waters not to exceed five days during any current year, as their services may be needed. All persons having teams may be required to appear and work with their teams for the required number of days as above provided. The services may be rendered in person, or by substitution, or the person summoned may pay in cash the sum of two dollars ($2.00) per day for each day's services required of him, and the sum of three dollars ($3.00) per day for each day's service required of any team belonging to him and summoned hereunder; however, no person or team summoned shall be required to work for more than one day until all of the persons and teams residing in the district have been required to either work or pay.
History:
Laws 1921, ch. 169, § 4; C.S. 1929, § 151-304; 1941 Comp., § 15-4713; 1953 Comp., § 15-50-13; Laws 1969, ch. 219, § 15.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-14 - [Service of notice, summons or calls for work; filing list.]

Said superintendent shall have the right to serve notice, summons or calls for work upon persons summoned and called hereunder. Such notice shall state time and place where such work is required, and the number of days' work required, and the teams required, and he shall make a correct list of the names of all persons and teams summoned and file the same with the county clerk.
History:
Laws 1921, ch. 169, § 5; C.S. 1929, § 151-305; 1941 Comp., § 15-4714; 1953 Comp., § 15-50-14.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-15 - [Failure to work or pay; penalty; use of fine money.]

Any person summoned and called to do work hereunder as above provided, who shall fail to appear and do said work or to furnish a substitute who shall appear and do said work, or pay to the superintendent the sum or sums herein provided in lieu of said work, shall be guilty of a misdemeanor and upon conviction therefor before any justice of the peace [magistrate] shall be fined in a sum not more than fifty dollars [($50.00)], or imprisoned in the county jail not more than thirty days, or suffer both such fine and imprisonment. All fines collected hereunder shall be deposited in the emergency district flood fund.
History:
Laws 1921, ch. 169, § 6; C.S. 1929, § 151-306; 1941 Comp., § 15-4715; 1953 Comp., § 15-50-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace has been abolished and all jurisdiction, powers and duties conferred by law upon justices of the peace have been transferred to magistrate courts.
See
N.M. Const., art. VI, § 31 and 35-1-38 NMSA 1978.
Cross references.
— For emergency district flood fund,
see
4-50-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-16 - [Emergency district flood fund; superintendent failing to pay amounts collected; penalty; recovery.]

All moneys collected under the provisions of this act [4-50-10 to 4-50-17 NMSA 1978] shall be deposited with the county treasurer to the credit of a fund to be known as the "emergency district flood fund," and shall be used and applied solely for the purposes of this act within the districts where such moneys are collected. Each superintendent to whom any money shall be paid in lieu of work shall forthwith deposit the same with the county treasurer and take a receipt therefor, and shall file with the county clerk a correct list of the names of the persons paying such moneys. Any superintendent who shall fail, neglect or refuse to account as required by law for moneys collected by him, or shall fail, neglect or refuse to deposit moneys collected by him as hereinbefore provided, shall be guilty of a misdemeanor, and upon conviction thereof may be fined in any sum not exceeding two hundred dollars [($200)], or imprisoned in the county jail not exceeding ninety days, or suffer both fine and imprisonment. Any moneys which any superintendent shall fail, neglect or refuse to account for may also be recovered in a civil action upon the bond filed by such superintendent.
History:
Laws 1921, ch. 169, § 7; C.S. 1929, § 151-307; 1941 Comp., § 15-4716; 1953 Comp., § 15-50-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For payment of certain fines into fund,
see
4-50-15 NMSA 1978.
For use of certified copy in action on bond of officer,
see
10-2-10 NMSA 1978.
For failure, neglect or refusal to discharge duties of office and failure to account for moneys as causes for removal of local public officers,
see
10-4-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 50 - Flood Control › Section 4-50-17 - [Powers and duties of superintendent.]

The said superintendent is hereby authorized and empowered in times of flood emergency to order headgates of ditches to be closed, ditches to be cut, flood waters to be drained through ditches or other channels already cut, or through ditches or channels to be cut for that purpose; dikes, dams, embankments and other structures to be erected, necessary labor to be employed, and necessary materials to be purchased, and generally to do all things according to the necessity and emergency existing. The superintendent and his agents, laborers and employes [employees] shall have the right of entry upon all premises necessary to control and suppress flood emergencies, and shall not be liable for any damage thereto except for any wanton or malicious injury. No expenditures hereunder shall be made by any superintendent in excess of the moneys in the emergency district flood funds at the time such expenditure is made. All moneys paid out of the emergency district flood fund shall be paid by warrants drawn by the board of county commissioners on vouchers filed and approved by the superintendent. Any person who shall willfully hinder, delay or obstruct any superintendent, his agents, laborers or employes [employees] from performing any of the duties imposed by this act [4-50-10 to 4-50-17 NMSA 1978] shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed fifty dollars [($50.00)], or imprisoned in the county jail not to exceed thirty days, or suffer both such fine and imprisonment.
History:
Laws 1921, ch. 169, § 8; C.S. 1929, § 151-308; 1941 Comp., § 15-4717; 1953 Comp., § 15-50-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For accounts and claims against counties,
see
4-45-3 NMSA 1978 et seq.
For authority to call emergency flood workers,
see
4-50-14, 4-50-15 NMSA 1978.
For payment of certain moneys collected to county treasurer,
see
4-50-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 51 - County Budget › Section 4-51-1 - Surplus revenues; application.

At the close of any calendar year, should the actual revenues exceed the estimated budget estimates of expenses as finally approved and certified, the excess money shall be applied on the budget estimate for the next succeeding year, except as provided in Section 6-6-19 NMSA 1978.
History:
Laws 1921, ch. 188, § 6; C.S. 1929, § 33-5906; 1941 Comp., § 15-4806; 1953 Comp., § 15-51-6; 1989, ch. 276, § 1.
ANNOTATIONS
Cross references.
— For powers and duties of local governmental bodies and local government division of state department of finance and administration with respect to financial affairs of local public bodies,
see
6-6-1 NMSA 1978 et seq.
For finances of counties, municipalities and school districts generally,
see
6-6-7 NMSA 1978 et seq.
Funds accumulated for remote contingencies or investment.
— Counties may not accumulate funds as an unreserved general fund balance, for a remote contingency, or for the sole purpose of investment. They must apply excess funds in such categories to the following year's budget estimate. Counties, however, may designate or reserve excess funds for reasonably foreseeable contingencies or capital projects. 1988 Op. Att'y Gen. No. 88-56.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 51 - County Budget › Section 4-51-2 - [Violation of act; penalty; liability to county.]

Any official or employee violating the provisions of this act [4-51-1 to 4-51-3 NMSA 1978] shall, upon conviction thereof in a court of competent jurisdiction, be deemed guilty of a misdemeanor and punished by a fine not less than one hundred dollars [($100)] nor more than five hundred dollars [($500)], or by imprisonment, in the discretion of the court. Any county commissioner, or any other official whose duty it is to allow claims and issue warrants therefor, who issues warrants or evidences of indebtedness contrary to the provisions of this act shall be liable to the county for such violations, and recovery may be had against the bondsmen of such official. Any county treasurer or other official whose duty it is to pay warrants and evidences of indebtedness, who shall pay such warrants and evidences of indebtedness contrary to the provisions of this act, shall likewise be liable to the county for such violations, and recovery may be had against his bondsmen.
History:
Laws 1921, ch. 188, § 7; C.S. 1929, § 33-5907; 1941 Comp., § 15-4807; 1953 Comp., § 15-51-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For liability of county commissioners for moneys, warrants or indebtedness ordered paid out without authority of law,
see
4-38-28 NMSA 1978.
For liability of county commissioners for unauthorized approval of accounts,
see
4-38-29 NMSA 1978.
For financial affairs of counties, municipalities and school districts generally,
see
6-6-7 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 51 - County Budget › Section 4-51-3 - [Repeal and saving clause.]

All acts and parts of acts in conflict with this act [4-51-1 to 4-51-3 NMSA 1978] are hereby repealed; provided that nothing herein contained shall be construed as repealing Sections 6-6-11, 6-6-13 to 6-6-18 NMSA 1978 or other existing statutory limitations upon the debt-contracting or tax-levying powers of boards of county commissioners or other boards and officials having such powers.
History:
Laws 1921, ch. 188, § 8; C.S. 1929, § 33-5908; 1941 Comp., § 15-4808; 1953 Comp., § 15-51-8.
ANNOTATIONS
Cross references.
— For powers and duties of local governmental bodies and local government division of state department of finance and administration with respect to financial affairs of local public bodies,
see
6-6-1 NMSA 1978 et seq.
For finances of counties, municipalities and school districts generally,
see
6-6-7 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-1 - Short title.

This act [4-52-1 to 4-52-10, 4-52-11 to 4-52-15 NMSA 1978] may be cited as the "Refuse Disposal Act".
History:
1953 Comp., § 15-52-1, enacted by Laws 1959, ch. 194, § 1.
ANNOTATIONS
Cross references.
— For the Special District Procedures Act,
see
4-53-1 NMSA 1978 et seq.
For authority of county to collect and dispose of garbage and rubbish,
see
4-56-1 NMSA 1978 et seq.
For collection and disposal of refuse by municipalities,
see
3-48-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-2 - Definitions.

As used in the Refuse Disposal Act:
A. "garbage" includes all waste food, swill, carrion, slops and all waste from the preparation, cooking and consumption of food and from the handling, storage and sale of food products and the carcasses of animals;
B. "rubbish" includes all waste paper, paper cartons, tree branches, yard trimmings, discarded furniture, tin cans, dirt, ashes, bottles and all other unwholesome material of every kind not included as garbage; and
C. "refuse" includes garbage and rubbish.
History:
1953 Comp., § 15-52-2, enacted by Laws 1959, ch. 194, § 2.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-3 - Purpose of act.

The purpose of the Refuse Disposal Act is to safeguard and improve the public health through the proper disposition of refuse.
History:
1953 Comp., § 15-52-3, enacted by Laws 1959, ch. 194, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-4 - Application of act.

A refuse disposal district may be organized and managed as herein provided, and is authorized to exercise the powers expressly granted or necessarily implied by the Refuse Disposal Act.
History:
1953 Comp., § 15-52-4, enacted by Laws 1959, ch. 194, § 4.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-5 - Area.

A district must be entirely within one county and may consist of noncontiguous parcels of property, but shall not include any incorporated area.
History:
1953 Comp., § 15-52-5, enacted by Laws 1959, ch. 194, § 5.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-6 - Petitions.

When fifty or more resident electors of a proposed district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the proposed district, desire to form a district, they shall file a petition with the board of county commissioners. The petition shall define the boundaries of the proposed district and give reasons for requesting creation of the district, the proposed name for the district and other information pertinent to the proposal.
History:
1953 Comp., § 15-52-6, enacted by Laws 1959, ch. 194, § 6.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-7 - Hearing; notice.

A. Within thirty days after the petition has been filed with the board of county commissioners, it shall cause due notice to be given by publication for three consecutive weeks immediately prior to action in a newspaper of general circulation in the county, or, if no newspaper of general circulation exists, shall post in not less than eight public places within the proposed area a notice of hearing upon the practicability and feasibility of creating the district. All interested parties have the right to attend the hearing and be heard. If it appears at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of county commissioners may permit such inclusion or exclusion.
B. If it appears upon hearing that it is desirable to include within the proposed district, territory outside of the area, within which due notice of hearing has been given, the hearing shall be adjourned and due notice of a further hearing given throughout the entire area considered for inclusion in the district, and a further hearing shall be held. After final hearing, if the board of county commissioners determine upon the facts presented at the hearing and upon other available information that there is need, in the interest of public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and define by metes and bounds, or by legal subdivisions, the boundaries of the district.
C. If the board determines after the hearing that it is not feasible for the district to function in the territory considered, it shall make and record the determination and deny the petition.
History:
1953 Comp., § 15-52-7, enacted by Laws 1959, ch. 194, § 7.
ANNOTATIONS
Cross references.
— For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-8 - Referendum.

After the board of county commissioners has made and recorded a determination that there is need, in the interest of public health, safety and welfare, for creation of the proposed district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon districts in Section 11 [4-52-11 NMSA 1978] of the Refuse Disposal Act is administratively practicable and feasible. To assist it in this determination, the board shall, within a reasonable time after entry of the finding of need for organization of the district and determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of creation of the district. Due notice of the referendum shall be given as provided in Section 7 [4-52-7 NMSA 1978] of the Refuse Disposal Act. The notice shall state the date of holding the referendum, the hours of opening and closing the polls, and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers, giving equal representation to the proponents and opponents of the question involved.
History:
1953 Comp., § 15-52-8, enacted by Laws 1959, ch. 194, § 8.
ANNOTATIONS
Cross references.
— For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-9 - Ballots.

The question to be voted on shall be submitted by ballots upon which appear the following:
"For creation of .............................. Refuse Control District [ ]
Against creation of .......................... Refuse Control District [ ]"
A square shall follow each proposition. The ballot shall also contain a direction to insert an "X" mark in the square following one or the other of the propositions, as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the board of county commissioners and the board's ordinance powers for the proposed district under Section 11 [4-52-11 NMSA 1978]. All electors residing within the boundaries of the territory, as determined by the board, shall be eligible to vote in the referendum.
History:
1953 Comp., § 15-52-9, enacted by Laws 1959, ch. 194, § 9.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-10 - Votes; results.

The votes shall be counted by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of county commissioners. If a majority of votes cast favor creation of the district, the board shall certify the results to the county clerk. Upon proper recording of this action, each district shall be duly created.
History:
1953 Comp., § 15-52-10, enacted by Laws 1959, ch. 194, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-10.1 - Creation; alternate procedure.

In a class A county, the board of county commissioners may create a refuse disposal district by ordinance. The district shall consist only of contiguous parcels of property. The board shall create the district only after considering the feasibility of the district and the likelihood that services could be provided without the creation of the district. Upon passage of the ordinance, the district is duly created.
History:
1978 Comp., § 4-52-10.1, enacted by Laws 1983, ch. 188, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-11 - Powers.

The board of county commissioners has power to:
A. establish and fill a position of manager to manage and supervise the manner of storage, collection and disposal of refuse, and fix the compensation attached to the position, or may authorize and direct an administrative official of the county to assume the functions of the manager;
B. provide for employment of personnel to operate and manage facilities for the storage, collection and disposal of refuse within the district;
C. execute contracts on behalf of the district with any firm, corporation or individual to provide for collection and disposal of refuse within the district;
D. execute contracts on behalf of the district with any incorporated village, town, city or other district for the joint operation of any refuse collection system and any sanitary landfill or other disposal method acceptable to the environmental improvement division of the health and environment department [department of environment] for the disposal of refuse;
E. determine that collection and disposal of refuse is in the interest of public health, safety and welfare, and regulate collection and disposal within the district;
F. by district ordinance, adopt on behalf of the district such schedules, rules and regulations and service charge rates imposed upon users as may be necessary for the orderly collection of refuse from the district and for maintenance and operation of sanitary landfills or other satisfactory disposal methods. The board shall, prior to adoption of rules and regulations, obtain approval from the environmental improvement division;
G. acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings, in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978], such property, rights-of-way or equipment as is necessary for exercise of any authorized function of the district;
H. plan, construct, improve, operate and maintain such structures as may be necessary for performance of any function authorized by the Refuse Disposal Act; and
I. receive all grants or assistance from and cooperate with county, municipal, state and federal agencies in carrying out the purpose of the Refuse Disposal Act.
History:
1953 Comp., § 15-52-11, enacted by Laws 1959, ch. 194, § 11; 1981, ch. 125, § 45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
Cross references.
— For eminent domain and condemnation generally,
see
N.M. Const., art. II, § 20 and 42A-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-12 - Addition of land.

A. Resident electors of an area without a district may petition the board of county commissioners to add the area to the district. The petition shall define the boundaries of the land desired to be annexed and give other information pertinent to such proposal. The petition shall be signed by twenty-five or more resident electors of the territory described, if fifty or more resident electors are involved, or by a majority if less than fifty resident electors are involved.
B. Within thirty days after the petition is filed, the board shall cause due notice to be given, as provided in Section 7 [4-52-7 NMSA 1978], of hearing on the petition. All interested parties have a right to attend the hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the resident electors of the territory involved are not petitioners, a referendum shall be held within the territory as provided in Sections 7 through 10 [4-52-7 to 4-52-10 NMSA 1978] of the Refuse Disposal Act, before making a final determination. If it is determined that the land should be added, this fact shall be certified by the board of county commissioners to the county clerk.
History:
1953 Comp., § 15-52-12, enacted by Laws 1959, ch. 194, § 12.
ANNOTATIONS
Cross references.
— For area includable within district,
see
4-52-5 NMSA 1978.
For procedure for creation of district,
see
4-52-6 to 4-52-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-13 - Detaching land.

Resident electors of lands which have not been, are not and cannot be benefited by their inclusion in the district, may petition the board of county commissioners to have the lands detached. The petition shall describe the lands and state the reasons why they should be detached. A hearing shall be held within thirty days after the petition is received. Due notice of hearing, as provided in Section 7 [4-52-7 NMSA 1978], shall be given at least ten days before the hearing. If it is determined by the board that such lands shall be detached, the determination shall be certified to the county clerk.
History:
1953 Comp., § 15-52-13, enacted by Laws 1959, ch. 194, § 13.
ANNOTATIONS
Cross references.
— For area includable within district,
see
4-52-5 NMSA 1978.
For procedure for creation of district,
see
4-52-6 to 4-52-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-14 - Discontinuance of districts.

A. Any time after five years from the organization of a district, fifty or more resident electors of a district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the district, may file a petition with the board of county commissioners, praying that the existence of the district be discontinued. The petition shall state reasons for discontinuance and that all obligations of the district have been met.
B. After giving notice, as defined in Section 7 [4-52-7 NMSA 1978], the board may conduct such hearings on the petition as may be necessary to assist it in making a determination.
C. Within sixty days after petition is filed, a referendum shall be held under supervision of the board. No informalities in the conduct of the referendum shall invalidate it or its results if notice of the referendum has been given substantially as provided in Subsection B of this section.
D. If a majority of votes cast in the referendum favor discontinuance of the district and it is found that all obligations have been met, the board shall make a determination that the district shall be discontinued. A copy of the determination shall be certified to the county clerk for recording.
E. Any funds remaining after discontinuance shall revert to the county general fund.
History:
1953 Comp., § 15-52-14, enacted by Laws 1959, ch. 194, § 14.
ANNOTATIONS
Cross references.
— For procedure for creation of district,
see
4-52-6 to 4-52-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 52 - Refuse Disposal Districts › Section 4-52-15 - Penalty [for violation of ordinance].

Violation of any ordinance adopted by the county commissioners on behalf of the district under Section 11 [4-52-11 NMSA 1978] of the Refuse Disposal Act shall be deemed a misdemeanor.
History:
1953 Comp., § 15-52-15, enacted by Laws 1959, ch. 194, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-1 - Short title.

This act [4-53-1 to 4-53-11 NMSA 1978] may be cited as the "Special District Procedures Act".
History:
1953 Comp., § 15-53-1, enacted by Laws 1965, ch. 291, § 1.
ANNOTATIONS
Cross references.
— For refuse disposal districts,
see
4-52-1 NMSA 1978 et seq.
For community service districts,
see
4-54-1 NMSA 1978 et seq.
For playgrounds and recreational facilities,
see
5-4-1 NMSA 1978 et seq.
For water and sanitation districts,
see
73-21-1 NMSA 1978 et seq.