0001| SENATE BILL 316 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| MANNY M. ARAGON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO FLOOD CONTROL; AMENDING THE ARROYO FLOOD CONTROL | 0012| ACT TO AUTHORIZE THE AUTHORITY TO USE ITS REAL PROPERTY FOR | 0013| PUBLIC RECREATION AND TRANSPORTATION UNDER CERTAIN CONDITIONS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 72-16-22 NMSA 1978 (being Laws 1963, | 0017| Chapter 311, Section 22, as amended) is amended to read: | 0018| "72-16-22. ADDITIONAL POWERS OF THE AUTHORITY.--The | 0019| authority may exercise the following duties, privileges, | 0020| immunities, rights, liabilities and disabilities appertaining | 0021| to a public body politic and corporate and constituting a | 0022| quasi-municipal corporation and political subdivision of the | 0023| state established as an instrumentality exercising public and | 0024| essential governmental and proprietary functions to provide | 0025| for the public health, safety and general welfare: | - 1 - 0001| A. perpetual existence and succession; | 0002| B. adopt, have and use a corporate seal and alter | 0003| the same at pleasure; | 0004| C. sue and be sued and be a party to suits, | 0005| actions and proceedings; | 0006| D. commence, maintain, intervene in, defend, | 0007| compromise, terminate by settlement or otherwise, and | 0008| otherwise participate in, and assume the cost and expense of, | 0009| any and all actions and proceedings now or hereafter begun and | 0010| appertaining to the authority, its board, its officers, agents | 0011| or employees, or any of the authority's duties, privileges, | 0012| immunities, rights, liabilities and disabilities, or the | 0013| authority's flood control system, other property of the | 0014| authority or any project; | 0015| E. enter into contracts and agreements, including | 0016| but not limited to contracts with the federal government, the | 0017| state and any other public body; | 0018| F. borrow money and issue securities evidencing | 0019| any loan to or amount due by the authority, provide for and | 0020| secure the payment of any securities and the rights of the | 0021| holders thereof, and purchase, hold and dispose of securities, | 0022| as hereinafter provided; | 0023| G. refund any loan or obligation of the authority | 0024| and issue refunding securities to evidence such loan or | 0025| obligation without any election; | - 2 - 0001| H. purchase, trade, exchange, encumber and | 0002| otherwise acquire, maintain and dispose of property and | 0003| interests therein, and, to the extent not inconsistent with | 0004| other provisions of the Arroyo Flood Control Act, allow the | 0005| use of real property owned by the authority for public | 0006| recreation or transportation under suitable licensing or other | 0007| arrangements with the state or other local public bodies; | 0008| I. levy and cause to be collected general (ad | 0009| valorem) taxes on all property subject to property taxation | 0010| within the authority; provided that the total tax levy, | 0011| excluding any levy for the payment of any debt of the | 0012| authority authorized pursuant to the Arroyo Flood Control Act, | 0013| for any fiscal year shall not exceed an aggregate total of | 0014| fifty cents ($.50), or any lower amount required by operation | 0015| of the rate limitation provisions of Section 7-37-7.1 NMSA | 0016| 1978 upon this tax levy, for each one thousand dollars | 0017| ($1,000) of net taxable value, as that term is defined in the | 0018| Property Tax Code, by certifying, on or before the fifteenth | 0019| day of July in each year in which the board determines to levy | 0020| a tax, to the board of county commissioners of Bernalillo | 0021| county, or by such other date as the laws of the state may | 0022| prescribe to such other body having authority to levy taxes | 0023| within each county wherein the authority has any territory, | 0024| the rate so fixed, with directions that, at the time and in | 0025| the manner required by law for levying taxes for other | - 3 - 0001| purposes, such body having authority to levy taxes shall levy | 0002| the tax upon the net taxable value of all property subject to | 0003| property taxation within the authority, in addition to such | 0004| other taxes as may be levied by such body, as provided in | 0005| Sections 72-16-23 through 72-16-27 NMSA 1978. No taxes may be | 0006| levied and collected for any purpose, or any contract made, | 0007| until a bond issue has been submitted to and approved by the | 0008| taxpaying electors as hereinafter provided; | 0009| J. hire and retain officers, agents, employees, | 0010| engineers, attorneys and any other persons, permanent or | 0011| temporary, necessary or desirable to effect the purposes | 0012| hereof, defray any expenses incurred thereby in connection | 0013| with the authority, and acquire office space, equipment, | 0014| services, supplies, fire and extended coverage insurance, use | 0015| and occupancy insurance, workmen's compensation insurance, | 0016| property damage insurance, public liability insurance for the | 0017| authority and its officers, agents and employees, and other | 0018| types of insurance, as the board may determine; provided, | 0019| however, that no provision herein authorizing the acquisition | 0020| of insurance shall be construed as waiving any immunity of the | 0021| authority or any director, officer or agent thereof and | 0022| otherwise existing under the laws of the state; | 0023| K. condemn property for public use; | 0024| L. acquire, improve, equip, hold, operate, maintain | 0025| and dispose of a flood control system, storm sewer facilities, | - 4 - 0001| project and appurtenant works, or any interest therein, wholly | 0002| within the authority, or partially within and partially | 0003| without the authority, and wholly within, wholly without or | 0004| partially within and partially without any public body all or | 0005| any part of the area of which is situated within the | 0006| authority; | 0007| M. pay or otherwise defray the cost of any project; | 0008| N. pay or otherwise defray and contract so to pay or | 0009| defray, for any term not exceeding fifty years, without an | 0010| election, except as hereinafter otherwise provided, the | 0011| principal of, any interest on, and any other charges | 0012| appertaining to, any securities or other obligations of the | 0013| federal government, any public body or person incurred in | 0014| connection with any such property so acquired by the | 0015| authority; | 0016| O. establish and maintain facilities within or | 0017| without the authority, across or along any public street, | 0018| highway, bridge, viaduct or other public right-of-way, or in, | 0019| upon, under or over any vacant public lands, which public | 0020| lands are now, or may become, the property of the state, or | 0021| across any stream of water or water course, without first | 0022| obtaining a franchise from the municipality, county or other | 0023| public body having jurisdiction over the same; provided that | 0024| the authority shall cooperate with any public body having such | 0025| jurisdiction, shall promptly restore any such street, highway, | - 5 - 0001| bridge, viaduct or other public right-of-way to its former | 0002| state of usefulness as nearly as may be and shall not use the | 0003| same in such manner as to impair completely or unnecessarily | 0004| the usefulness thereof; | 0005| P. deposit any money of the authority, subject to | 0006| the limitations in Article 8, Section 4 of the constitution of | 0007| New Mexico, in any banking institution within or without the | 0008| state and secured in such manner and subject to such terms and | 0009| conditions as the board may determine, with or without the | 0010| payment of any interest on any such deposit; | 0011| Q. invest any surplus money in the authority | 0012| treasury, including such money in any sinking or reserve fund | 0013| established for the purpose of retiring any securities of the | 0014| authority, not required for the immediate necessities of the | 0015| authority, in its own securities or in federal securities, by | 0016| direct purchase of any issue of such securities, or part | 0017| thereof, at the original sale of the same, or by the | 0018| subsequent purchase of such securities; | 0019| R. sell any such securities thus purchased and held, | 0020| from time to time; | 0021| S. reinvest the proceeds of any such sale in other | 0022| securities of the authority or in federal securities, as | 0023| provided in Subsection Q of this section; | 0024| T. sell in season from time to time such securities | 0025| thus purchased and held, so that the proceeds may be applied | - 6 - 0001| to the purposes for which the money with which such securities | 0002| were originally purchased was placed in the treasury of the | 0003| authority; | 0004| U. accept contributions or loans from the federal | 0005| government for the purpose of financing the planning, | 0006| acquisition, improvement, equipment, maintenance and operation | 0007| of any enterprise in which the authority is authorized to | 0008| engage, and enter into contracts and cooperate with, and | 0009| accept cooperation and participation from, the federal | 0010| government for these purposes; | 0011| V. enter, without any election, into joint operating | 0012| or service contracts and agreements, acquisition, improvement, | 0013| equipment or disposal contracts or other arrangements, for any | 0014| term not exceeding fifty years, with the federal government, | 0015| any public body or any person concerning storm sewer | 0016| facilities, or any project, whether acquired by the authority | 0017| or by the federal government, any public body or any person, | 0018| and accept grants and contributions from the federal | 0019| government, any public body or any person in connection | 0020| therewith; | 0021| W. enter into and perform, without any election, | 0022| when determined by the board to be in the public interest and | 0023| necessary for the protection of the public health, contracts | 0024| and agreements, for any term not exceeding fifty years, with | 0025| the federal government, any public body or any person for the | - 7 - 0001| provision and operation by the authority of storm sewer | 0002| facilities; | 0003| X. enter into and perform, without any election, | 0004| contracts and agreements with the federal government, any | 0005| public body or any person for or concerning the planning, | 0006| construction, lease or other acquisition, improvement, | 0007| equipment, operation, maintenance, disposal, and the financing | 0008| of any project, including but not necessarily limited to any | 0009| contract or agreement for any term not exceeding fifty years; | 0010| Y. enter upon any land, make surveys, borings, | 0011| soundings and examinations for the purposes of the authority, | 0012| and locate the necessary works of any project and roadways and | 0013| other rights-of-way appertaining to any project herein | 0014| authorized; acquire all property necessary or convenient for | 0015| the acquisition, improvement or equipment of such works; | 0016| Z. cooperate with and act in conjunction with the | 0017| state, or any of its engineers, officers, boards, commissions | 0018| or departments, or with the federal government or any of its | 0019| engineers, officers, boards, commissions or departments, or | 0020| with any other public body or any person in the acquisition, | 0021| improvement or equipment of any project for the controlling of | 0022| flood or storm waters of the authority, or for the protection | 0023| of life or property therein, or for any other works, acts or | 0024| purposes provided for herein, and adopt and carry out any | 0025| definite plan or system of work for any such purpose; | - 8 - 0001| AA. cooperate with the federal government or any | 0002| public body by an agreement therewith by which the authority | 0003| may: | 0004| (1) acquire and provide, without cost to the | 0005| operating entity, the land, easements and rights-of-way | 0006| necessary for the acquisition, improvement or equipment of the | 0007| flood control system or any project; | 0008| (2) hold and save harmless the cooperating | 0009| entity free from any claim for damages arising from the | 0010| acquisition, improvement, equipment, maintenance and operation | 0011| of the flood control system or any project; | 0012| (3) maintain and operate any project in | 0013| accordance with regulations prescribed by the cooperating | 0014| entity; and | 0015| (4) establish and enforce flood channel limits | 0016| and regulations, if any, satisfactory to the cooperating | 0017| entity; | 0018| BB. carry on technical and other investigations of | 0019| all kinds, make measurements, collect data and make analyses, | 0020| studies and inspections pertaining to control of floods, sewer | 0021| facilities, and any project, both within and without the | 0022| authority, and for this purpose the authority has the right of | 0023| access through its authorized representative to all lands and | 0024| premises within the state; | 0025| CC. have the right to provide from revenues or other | - 9 - 0001| available funds an adequate fund for the improvement and | 0002| equipment of the authority's flood control system or of any | 0003| parts of the works and properties of the authority; | 0004| DD. prescribe and enforce reasonable rules and | 0005| regulations for the prevention of further encroachment upon | 0006| existing defined waterways, by their enlargement or other | 0007| modification, for additional waterway facilities to prevent | 0008| flooding; | 0009| EE. require any person desiring to make a connection | 0010| to any storm water drain or flood control facility of the | 0011| authority or to cause storm waters to be emptied into any | 0012| ditch, drain, canal, floodway or other appurtenant structure | 0013| of the authority firstly to make application to the board to | 0014| make the connection, to require the connection to be made in | 0015| such manner as the board may direct; | 0016| FF. refuse, if reasonably justified by the | 0017| circumstances, permission to make any connection designated in | 0018| Subsection DD or Subsection EE of this section; | 0019| GG. make and keep records in connection with any | 0020| project or otherwise concerning the authority; | 0021| HH. arbitrate any differences arising in connection | 0022| with any project or otherwise concerning the authority; | 0023| II. have the management, control and supervision of | 0024| all the business and affairs appertaining to any project | 0025| herein authorized, or otherwise concerning the authority, and | - 10 - 0001| of the acquisition, improvement, equipment, operation and | 0002| maintenance of any such project; | 0003| JJ. prescribe the duties of officers, agents, | 0004| employees and other persons and fix their compensation; | 0005| provided that the compensation of employees and officers shall | 0006| be established at prevailing rates of pay for equivalent work; | 0007| KK. enter into contracts of indemnity and guaranty, | 0008| in such form as may be approved by the board, relating to or | 0009| connected with the performance of any contract or agreement | 0010| which the authority is empowered to enter into under the | 0011| provisions hereof or of any other law of the state; | 0012| LL. provide, by any contract for any term not | 0013| exceeding fifty years, or otherwise, without an election: | 0014| (1) for the joint use of personnel, equipment | 0015| and facilities of the authority and any public body, including | 0016| without limitation public buildings constructed by or under | 0017| the supervision of the board of the authority or the governing | 0018| body of the public body concerned, upon such terms and | 0019| agreements and within such areas within the authority as may | 0020| be determined, for the promotion and protection of health, | 0021| comfort, safety, life, welfare and property of the inhabitants | 0022| of the authority and any such public body; and | 0023| (2) for the joint employment of clerks, | 0024| stenographers and other employees appertaining to any project, | 0025| now existing or hereafter established in the authority, upon | - 11 - 0001| such terms and conditions as may be determined for the | 0002| equitable apportionment of the expenses therefrom resulting; | 0003| MM. obtain financial statements, appraisals, | 0004| economic feasibility reports and valuations of any type | 0005| appertaining to any project or any property pertaining | 0006| thereto; | 0007| NN. adopt any resolution authorizing a project or | 0008| the issuance of securities, or both, or otherwise appertaining | 0009| thereto, or otherwise concerning the authority; | 0010| OO. make and execute a mortgage, deed of trust, | 0011| indenture or other trust instrument appertaining to a project | 0012| or to any securities herein authorized, or to both, except as | 0013| provided in Subsection PP of this section and in Section | 0014| 72-16-54 NMSA 1978; | 0015| PP. make all contracts, execute all instruments and | 0016| do all things necessary or convenient in the exercise of the | 0017| powers granted herein, or in the performance of the | 0018| authority's covenants or duties, or in order to secure the | 0019| payment of its securities; provided, no encumbrance, mortgage | 0020| or other pledge of property, excluding any money, of the | 0021| authority is created thereby and provided no property, | 0022| excluding money, of the authority is liable to be forfeited or | 0023| taken in payment of such securities; | 0024| QQ. have and exercise all rights and powers | 0025| necessary or incidental to or implied from the specific powers | - 12 - 0001| granted herein, which specific powers shall not be considered | 0002| as a limitation upon any power necessary or appropriate to | 0003| carry out the purposes and intent hereof; and | 0004| RR. exercise all or any part or combination of the | 0005| powers herein granted." | 0006| |