0001| SENATE BILL 574 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| FERNANDO R. MACIAS | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WATER AND SANITATION DISTRICTS; AMENDING SECTION | 0012| 73-21-16 NMSA 1978 (BEING LAWS 1943, CHAPTER 80, SECTION 14, AS | 0013| AMENDED) TO AUTHORIZE MANDATORY PARTICIPATION IN WATER AND | 0014| SANITATION DISTRICT REFUSE COLLECTION AND DISPOSAL SERVICES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 73-21-16 NMSA 1978 (being Laws 1943, | 0018| Chapter 80, Section 14, as amended) is amended to read: | 0019| "73-21-16. GENERAL POWERS.--For and on behalf of the | 0020| district, the board shall have the following powers: | 0021| A. to have perpetual existence; | 0022| B. to have and use a corporate seal; | 0023| C. to sue and be sued and be a party to suits, | 0024| actions and proceedings; | 0025| D. except as otherwise provided in the Water and | 0001| Sanitation District Act, to enter into contracts and agreements | 0002| affecting the affairs of the district, including contracts with | 0003| the United States and any of its agencies or instrumentalities. | 0004| Except in cases in which a district will receive aid from a | 0005| governmental agency, a notice shall be published for bids on | 0006| all construction contracts for work or material or both in- | 0007| | 0008| volving an expense of five thousand dollars ($5,000) or more. | 0009| The district may reject any and all bids, and if it appears | 0010| that the district can perform the work or secure material for | 0011| less than the lowest bid, it may proceed to do so; | 0012| E. to borrow money and incur indebtedness and | 0013| evidence the indebtedness by certificates, notes or debentures | 0014| and to issue bonds in accordance with the provisions of | 0015| ~~[that]~~ the Water and Sanitation District Act; | 0016| F. to acquire, dispose of and encumber real and | 0017| personal property, water rights, water and sewer works and | 0018| plants and any interest in them, including leases and | 0019| easements; | 0020| G. to refund any bonded indebtedness or revenue | 0021| bonds of the district without an election in accordance with | 0022| the provisions of ~~[that]~~ the Water and Sanitation District | 0023| Act; | 0024| H. to have the management, control and supervision | 0025| of all the business and affairs of the district and the | 0001| construction, installation, operation and maintenance of | 0002| district improvements; | 0003| I. to hire and retain agents, employees, engineers | 0004| and attorneys; | 0005| J. to have and exercise the power of eminent domain | 0006| and dominant eminent domain and, in the manner provided by law | 0007| for the condemnation of private property for public use, to | 0008| take any property necessary to the exercise of the powers | 0009| granted in ~~[that]~~ the Water and Sanitation District Act, | 0010| both within and without the district; | 0011| K. to construct and maintain works and establish | 0012| and maintain facilities across or along any public street or | 0013| highway and in, upon or over any vacant public lands, which | 0014| public lands are now or may become the property of the state, | 0015| and to construct works and establish and maintain facilities | 0016| across any stream of water or watercourse; provided, however, | 0017| that the district shall promptly restore any such street or | 0018| highway to its former state of usefulness as nearly as may be | 0019| and shall not use the street or highway in such manner as to | 0020| completely or unnecessarily impair its usefulness; | 0021| L. to fix and from time to time to increase or | 0022| decrease water and sewer rates, tolls or charges for services | 0023| or facilities furnished or made available by the district, | 0024| including without limiting the generality of the foregoing | 0025| standby charges for both water and sewers, and to pledge that | 0001| revenue for the payment of any indebtedness of the district. | 0002| Until paid, all rates, tolls or charges constitute a perpetual | 0003| lien on and against the property served, and any such lien may | 0004| be foreclosed in the same manner as provided by the laws of New | 0005| Mexico for the foreclosure of real estate mortgages. The board | 0006| shall shut off or discontinue service for delinquencies in the | 0007| payment of the rates, tolls or charges or in the payment of | 0008| taxes levied pursuant to the Water and Sanitation District Act | 0009| and prescribe and enforce rules and regulations for the | 0010| connection with and the disconnection from properties of the | 0011| facilities of the district. For health and sanitary purposes, | 0012| the board shall have the power to compel the owners of in- | 0013| | 0014| habited property within a sanitation district to connect their | 0015| property with the sewer system of the district, and, upon a | 0016| failure ~~[so]~~ to connect within sixty days after written | 0017| notice by the board, the board may cause the connection to be | 0018| made and a lien to be filed against the property for the | 0019| expense incurred in making the connection; provided, however, | 0020| that no owner shall be compelled to connect his property with | 0021| such system unless a service line is brought by the district to | 0022| a point within four hundred feet of his dwelling place; | 0023| M. to provide for the collection and disposal of | 0024| refuse in any manner deemed suitable by the district, | 0025| including: | 0001| (1) appointing or contracting with a refuse | 0002| collector and prescribe the duties and compensation of a refuse | 0003| collector; | 0004| (2) requiring each person owning or controlling | 0005| occupied or previously occupied real property within the | 0006| district boundaries or served by the district water system to | 0007| pay a reasonable fee for the collection and disposal of refuse | 0008| whether or not the refuse collection service is used by the | 0009| person; and | 0010| (3) determining if the district or the refuse | 0011| collector shall collect the fee for the collection and disposal | 0012| of refuse; | 0013| ~~[M.]~~ N. to adopt and amend bylaws not in conflict | 0014| with the constitution and laws of the state for carrying on the | 0015| business, objects and affairs of the board and of the district; | 0016| and | 0017| ~~[N.]~~ O. to have and exercise all rights and | 0018| powers necessary or incidental to or implied from the specific | 0019| powers granted in this section. Such specific powers shall not | 0020| be considered as a limitation upon any power necessary or | 0021| appropriate to carry out the purposes and intent of ~~[that]~~ | 0022| the Water and Sanitation District Act." | 0023| | 0024| | 0025| | 0001| FORTY-THIRD LEGISLATURE SB 574/a | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| February 18, 1997 | 0006| | 0007| Mr. President: | 0008| | 0009| Your CONSERVATION COMMITTEE, to whom has been referred | 0010| | 0011| SENATE BILL 574 | 0012| | 0013| has had it under consideration and reports same with | 0014| recommendation that it DO PASS, amended as follows: | 0015| | 0016| 1. On page 4, line 25, strike "occupied or previously | 0017| occupied". | 0018| | 0019| 2. On page 5, line 1, strike "or served by" and insert in | 0020| lieu thereof "and connected to". | 0021| | 0022| 3. On page 5, line 1, after "water" insert "or sewer", | 0023| | 0024| and thence referred to the CORPORATIONS & TRANSPORTATION | 0025| COMMITTEE. | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Michael S. Sanchez, Chairman | 0008| | 0009| | 0010| Adopted_______________________ Not | 0011| Adopted_______________________ | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| | 0015| Date ________________________ | 0016| | 0017| | 0018| The roll call vote was 7 For 0 Against | 0019| Yes: 7 | 0020| No: None | 0021| Excused: Kysar, Lyons, Tsosie | 0022| Absent: None | 0023| | 0024| S0574C01 |