2020 New Mexico Statutes
Chapter 4 - Counties
Article 59 - County Industrial Revenue Bonds
Section 4-59-6 - Security for bonds.
A. The principal of and interest on any bonds issued under the authority of the County Industrial Revenue Bond Act:
(1) shall be secured by a pledge of the revenues out of which such bonds shall be made payable;
(2) may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived; and
(3) may be secured by a pledge of the lease of such project.
B. The ordinance and proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreement and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of all revenues from any project covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project, the maintenance and insurance of such project, the creation and maintenance of special funds from the revenues from such project and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the governing body shall deem advisable and as shall not be in conflict with the provisions of the County Industrial Revenue Bond Act.
C. In making any such agreements or provisions, a county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds and any mortgage securing such bonds may provide the procedure and remedies in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement. No breach of any such agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers.
History: 1953 Comp., § 15-60-6, enacted by Laws 1975, ch. 286, § 6.
ANNOTATIONSCross references. — For use of proceeds of bonds, see 4-59-9 NMSA 1978.
