2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 33 - Improvement Districts
Section 3-33-39 - Improvement district; definition of "bonds"; refunding improvement bonds; authority.

A. As used in this section and in Sections 3-33-40 through 3-33-42 NMSA 1978, "bonds", when not modified by the word "refunding", includes assignable certificates.

B. The governing body may issue refunding improvement district bonds to refund all or any part of outstanding improvement district bonds. Refunding bonds may be issued:

(1) to change the payment schedule for the bonds;

(2) to fund principal and interest due on bonds that are in default, or for which there is not and, in the opinion of the governing body, will not be sufficient money available to pay the principal and interest when due;

(3) to reduce interest costs on the bonds or on the assessments providing security for the bonds or to provide other savings;

(4) to modify or eliminate restrictive or burdensome contractural [contractual] limitations concerning the bonds;

(5) to provide enhanced or substitute security for the bonds; or

(6) to provide for any other reasonable and necessary purpose or any combination of the foregoing purposes.

History: 1953 Comp., § 14-32-34, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 26.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

The 1991 amendment, effective April 4, 1991, inserted "definition of 'bonds" in the catchline and rewrote the section which read "Whenever there is not, and it is certain there will not be, sufficient money in an improvement district fund to pay the principal and interest due on the improvement district bonds, the governing body may issue refunding improvement district bonds. If there is not sufficient money in an improvement district fund to pay in full the improvement district bonds that have matured, the governing body shall issue refunding improvement district bonds to pay the interest and principal on the improvement district bonds".

Am. Jur. 2d, A.L.R. and C.J.S. references. — Special assessment bonds, power of municipality to refund, 102 A.L.R. 202.

64 C.J.S. Municipal Corporations § 1910.