HOUSE BILL 306
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
James E. Smith
AN ACT
RELATING TO FLOOD CONTROL DISTRICTS; AMENDING THE EASTERN SANDOVAL COUNTY ARROYO FLOOD CONTROL ACT TO REQUIRE THAT THE AUTHORITY BE DIVIDED INTO THREE DISTRICTS AND THAT A SPECIAL ELECTION BE HELD IN WHICH THE QUALIFIED ELECTORS OF EACH DISTRICT MAY DECIDE TO EXCLUDE THEIR DISTRICT FROM THE AUTHORITY; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 72-20-1 NMSA 1978 (being Laws 2007, Chapter 99, Section 1) is amended to read:
"72-20-1. SHORT TITLE.--[This act] Chapter 72, Article 20 NMSA 1978 may be cited as the "Eastern Sandoval County Arroyo Flood Control Act"."
SECTION 2. Section 72-20-6 NMSA 1978 (being Laws 2007, Chapter 99, Section 6) is amended to read:
"72-20-6. BOUNDARIES OF AUTHORITY.--[The boundaries of the authority are as follows] Unless one or more districts are excluded from the authority as a result of an election held pursuant to Section 72-20-7.1 NMSA 1978, the authority consists of all land within the following boundaries: a portion of southern Sandoval county bounded on the east by a line following the eastern boundary of range 5 east of the New Mexico principal meridian, on the south by the Pueblo of Sandia and the Cibola national forest, on the west by the Rio Grande and on the north by a line following the northern boundary of township 13 north of the New Mexico principal meridian. The boundary of the district is more particularly described as follows: beginning at the southeast corner of projected section 1, township 12 north, range 5 east of the New Mexico principal meridian, that point also being the southeast corner of herein described boundary; thence proceeding in a westerly direction along a line coincident with the northern boundary of the Cibola national forest and of the Pueblo of Sandia to a point along the west bank of the Rio Grande within projected section 1, township 12 north, range 3 east of the New Mexico principal meridian; thence in a northeasterly direction along the west bank of the Rio Grande to a point in the northwest corner of section 1, township 13 north, range 4 east of the New Mexico principal meridian; thence east along a line following the northern boundary of township 13 north of the New Mexico principal meridian for approximately seven miles to a point in the northeast corner of section 1, township 13 north, range 5 east of the New Mexico principal meridian; thence in a southerly direction approximately seven miles to the southeast corner of projected section 1, township 12 north, range 5 east of the New Mexico principal meridian, which point is the southeast corner and point of beginning of the district. All lands held in trust or ownership by the federal government or an Indian pueblo located within the boundaries identified in this section shall be excluded from the authority of the authority."
SECTION 3. A new section of the Eastern Sandoval County Arroyo Flood Control Act, Section 72-20-7.1 NMSA 1978, is enacted to read:
"72-20-7.1. [NEW MATERIAL] AUTHORITY TO BE DIVIDED INTO DISTRICTS--SPECIAL ELECTION REQUIRED.--
A. No later than August 1, 2011, the board shall divide the authority into three districts: one district shall encompass the census-designated place of Placitas, as designated by the United States census bureau pursuant to the 2000 decennial census; one district shall encompass the census-designated place of Algodones, as designated by the United States census bureau pursuant to the 2000 decennial census; and one district shall encompass that portion of the town of Bernalillo that is included within the boundaries of the authority.
B. Pursuant to Sections 72-20-28 through 72-20-34 NMSA 1978, the board shall call a special election to be held no later than September 30, 2011 in which the qualified electors in each of the districts shall have an opportunity to decide whether or not the land within their district shall be excluded from the authority. The ballot for the special election shall contain the following question:
"Shall the land within this district be excluded from the Eastern Sandoval County Arroyo Flood Control Authority?
Yes ____ No____".
C. If the majority of qualified electors voting within a district answer "yes" to the ballot question, upon certification of the election results, the land within that district shall be excluded from the authority, subject to the provisions of Section 72-20-7.2 NMSA 1978; provided that if the majority of the qualified electors voting within each of the three districts answer "yes" to the ballot question, upon certification of the election results, the authority shall be dissolved pursuant to Section 72-20-7.3 NMSA 1978."
SECTION 4. A new section of the Eastern Sandoval County Arroyo Flood Control Act, Section 72-20-7.2 NMSA 1978, is enacted to read:
"72-20-7.2. [NEW MATERIAL] EFFECTS OF EXCLUSION FROM THE AUTHORITY--LIMITATION ON PROPERTY TAXES ON EXCLUDED LAND--DIRECTORS' POSITIONS VACANT.--
A. Upon the exclusion of land within a district from the authority pursuant to an election held under Section 72-20-7.1 NMSA 1978, no property taxes shall be levied by the authority on the excluded land; provided that:
(1) subject to the provisions of Subsection B of this section, the authority may levy taxes on the excluded land that are necessary to make debt service and other payments, including any amounts needed for required reserves, on bonds of the authority:
(a) authorized in the 2008 general election and outstanding on the date that the land is excluded; or
(b) issued for the purpose of refunding the bonds specified in Subparagraph (a) of this paragraph;
(2) the exclusion shall not affect property taxes levied by the authority on the excluded land for the 2011 tax year; and
(3) the provisions of the Eastern Sandoval County Arroyo Flood Control Act and other state statutes relating to the levying, collection and enforcement of property taxes shall continue to apply to the excluded land only to the extent necessary to ensure payment of the property taxes authorized in this subsection.
B. For the 2012 and subsequent tax years, the authority shall not certify a property tax on land excluded pursuant to an election held under Section 72-20-7.1 NMSA 1978 unless the local government division of the department of finance and administration determines that the proposed tax is in compliance with the provisions of Subsection A of this section.
C. If, by reason of the exclusion of land pursuant to an election held under Section 72-20-7.1 NMSA 1978, a director ceases to be a qualified elector, the director's position on the board shall be deemed vacant and a successor shall be appointed to serve the unexpired term pursuant to
Section 72-20-12 NMSA 1978."
SECTION 5. A new section of the Eastern Sandoval County Arroyo Flood Control Act, Section 72-20-7.3 NMSA 1978, is enacted to read:
"72-20-7.3. [NEW MATERIAL] DISSOLUTION OF AUTHORITY.--Upon certification that, in an election held pursuant to Section 72-20-7.1 NMSA 1978, the majority of the qualified electors in each of the three districts have voted to exclude the district from the authority, the board shall resolve to dissolve the authority and:
A. the secretary shall file a copy of the resolution with the county clerk and the secretary of state;
B. all property and funds of the authority shall be transferred to Sandoval county pursuant to Section 72-20-37 NMSA 1978;
C. all uncompleted projects and outstanding contracts shall be transferred to the county and:
(1) the county shall take steps to cancel the projects or contracts; or
(2) if a project or contract can be continued with funds of the authority transferred to the county, the county may continue the project or contract only if the board of county commissioners determines that:
(a) the completion of the project or contract would be highly beneficial; or
(b) the cancellation of the project or contract would be harmful or wasteful;
D. all funds of the authority not used to continue projects or contracts pursuant to Subsection C of this section, including receipts from property taxes levied for the 2011 tax year, shall be used to pay down the debt service on outstanding bonds of the authority;
E. the county shall continue to levy taxes on the land that was within the authority to the extent that the taxes are necessary to make debt service and other payments, including any amounts needed for required reserves, on outstanding bonds of the authority; and
F. the provisions of the Eastern Sandoval County Arroyo Flood Control Act and other state statutes relating to the levying, collection and enforcement of property taxes shall continue to apply to land that was within the authority to the extent necessary to ensure payment of the property taxes authorized in Subsection E of this section."
SECTION 6. TEMPORARY PROVISION--TEMPORARY RESTRICTION ON THE ISSUANCE OF BONDS.--Other than for the purpose of refunding outstanding bonds, no bonds shall be issued by the board of directors of the eastern Sandoval county arroyo flood control authority until certification of the results of the special election conducted pursuant to Section 72-20-7.1 NMSA 1978.
SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 8 -