2013 New Mexico Statutes
Chapter 73 - Special Districts
Article 21 - Water and Sanitation Districts
Section 73-21-4 - Definitions. (2009)


NM Stat § 73-21-4 (2013) What's This?

73-21-4. Definitions. (2009) 
As used in the Water and Sanitation District Act: 
A.   "board" means the board of directors of a district; 
B.   "district" means a water and sanitation district that is established pursuant to the Water and Sanitation District Act and that is either entirely within or partly within and partly without one or more counties, provided those parts or parcels of the district lying in two or more counties are contiguous with one another, and further provided, a district created pursuant to a petition signed by the board of county commissioners of a county shall be entirely within that county; 
C.   "fee-for-service system" means a garbage or  refuse collection system established by a district to fully implement the purposes for which the district is created and for which a service is offered, a fee is established by the board and the fee is paid by the customers of the district; 
D.   "proponents and opponents" means residents or nonresidents of a district who pay or are liable for paying rates, tolls, fees and charges assessed by that district; 
E.   "publication" means giving notice once a week for three consecutive weeks in at least one newspaper of general circulation in the county in which all or the major portion of the district is located; however, it is not necessary that publication be made on the same day of the week in each of the three weeks, but not less than fourteen days, excluding the day of first publication, shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication; 
F.   "sewage system" includes all constructions for collection, transportation, pumping, treatment and final disposition of sewage; 
G.   "taxpaying elector of a district", "qualified elector" or "elector" means a person who is registered to vote in any precinct in the state and who: 
(1)   is a resident of the district; 
(2)   is a nonresident of the district who pays, or will be liable for paying, rates, tolls or charges set by the board; or 
(3)   is a nonresident of the district who either has paid or incurred a general tax liability on real property within the district in the twelve months immediately preceding a designated time or event or who is purchasing real property within the district under a real estate contract where a property tax has been paid or incurred on the real property in the twelve months immediately preceding a designated time or event; and 
H.   "utility" means a water system, sewer system or other fee-for-service system implemented by the district.
History: 1941 Comp., § 77-3403, enacted by Laws 1943, ch. 80, § 3; 1953 Comp., § 75-18-3; Laws 1963, ch. 261, § 2; 1977, ch. 345, § 3; 1978 Comp., § 73-21-4, 1985, ch. 155, § 1; 2003, ch. 116, § 1; 2005, ch. 167, § 3; 2009, ch. 241, § 2.

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