2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 17 - Conservancy Districts; General Provisions
Section 73-17-24 - Forms.

The following forms illustrate the character of the procedure contemplated by this act; and if substantially complied with (with changes to meet particular requirements), shall be held to meet the requirements of this act.

FORM I

In the district court of the ____________ judicial district of the state of New Mexico.

In the matter of ____________ conservancy district.

NOTICE OF HEARING ON PETITION

To all persons and public corporations interested:

Public notice is hereby given:

1. That on the ________ day of ______, 19___, pursuant to the provisions of the Conservancy Act of New Mexico, there was filed in the office of the clerk of the district court sitting in and for ____________ county, New Mexico, the petition of ____________ and others for the establishment of a conservancy district to be known as ____________ conservancy district.

(Here insert the purpose.)

2. That the lands sought to be included in said district comprise lands in ____________ and ____________ counties, New Mexico, described substantially as follows:

(Here insert description.)

3. That a public hearing on said petition will be had in said court on the ____________ day of ____________, 19___, at the hour of o'clock ____m., by the district court sitting in and for ____________ county, at the courthouse in the city ____________ county of ____________, New Mexico.

All persons and public corporations owning or interested in real estate and other property within the territory hereinbefore described will be given the opportunity to be heard at the time and place above specified.

Dated at ____________, New Mexico, the ____________ day of ____________, 19___.

FORM II

FINDING ON HEARING

In the district court sitting in and for ____________ county, New Mexico.

In the matter of ____________ conservancy district:

FINDINGS AND DECREE ON HEARING

On this ____________ day of ____________, 19___, this cause coming on for hearing upon the petition of ____________ and others, for the organization of a conservancy district under the Conservancy Act of the state of New Mexico, the court after a full hearing, now here finds:

1. That said petition had been signed and presented in full conformity with the Conservancy Act of New Mexico.

2. That the allegations of said petition are true.

3. That no protesting petition has been filed (or if filed has been dismissed).

4. That this court had jurisdiction of the parties to, and the subject matter of, this proceeding.

5. That the purposes for which said district is established are:

(Insert the purposes, e.g., a system of flood prevention.)

6. That the public safety, health, convenience and welfare will be promoted by the organization of a conservancy district substantially as prayed in said petition; and that a public necessity exists for the construction of the proposed work.

7. That the territory to be included in the proposed district and the boundaries of said district are as follows:

(Here insert boundaries of district.)

8. That the said territory last above described should be constituted and created a conservancy district under the Conservancy Act of New Mexico, under the corporate name of ____________ conservancy district.

Wherefore, it is by the court ordered, adjudged and decreed:

That the territory as above described be and the same hereby is constituted and created a conservancy district under the Conservancy Act of New Mexico under the corporate name of ____________ conservancy district, with its office or principal place of business at ____________ in ____________ county, New Mexico. (If directors are appointed at the same time.) The following persons are hereby appointed directors of said conservancy district: ____________ for the term of six years, ____________ for the term of six years, ____________ for the term of six years, ____________ for the term of six years, ____________ for the term of six years, who are hereby directed to qualify and proceed according to law.

9. For consideration of other matters herein, this cause is retained on the docket of this court.

Dated at ____________, New Mexico, the ____________ day of ____________, 19___.

____________________________, Judge.

FORM III

NOTICE TO PROPERTY OWNERS TO PAY ASSESSMENTS

______________________ conservancy district

To all persons and public corporations interested:

Public notice is hereby given:

1. That on the ____________ day of ____________, 19___, the board of directors of ____________ conservancy district duly levied for the amount of the construction fund of said district, an assessment upon all the property in said district in the aggregate sum of ____________ dollars, ($ ___), and has caused the same to be extended upon the construction fund assessment record of said district, and that said record is now in the hands of the treasurer of the said district for collection.

2. That the entire assessment against any parcel of land or other property may be paid to the said treasurer of the district at any time on or prior to ____________, 19___, without costs and without interest.

3. That as soon after the ____________ day of ____________, 19___, as conveniently may be, the board of directors of said district will divide the uncollected portion of said assessment into convenient installments and will issue bonds bearing interest not exceeding six percent per annum in anticipation of the collection of the several installments of said assessment, pursuant to the Conservancy Act of New Mexico.

Dated at ____________, New Mexico, the ____________ day of ____________, 19___.

(SEAL)

Attest:

FORM IV

BONDS AND COUPONS

(Form of bond)

United States of America, state of New Mexico.

____________ conservancy district.

CONSERVANCY BOND

Know all men by these presents, that ____________ conservancy district, a legally organized conservancy district of the state of New Mexico, acknowledges itself to owe and for value received, hereby promises to pay to the bearer ____________ dollars, on the first day of ____________, 19___, with interest thereon from the date hereof until paid at the rate of ____________ percent per annum, payable ____________, 19___, and semiannually thereafter on the first day of ____________, and of ____________ in each year on presentation and surrender of the annexed interest coupons as they severally become due. Both the principal of and the interest on this bond are hereby made payable in lawful money of the United States of America at ____________ and ____________.

This bond is one of a series of bonds issued by ____________ conservancy district for the purpose of paying the cost of constructing a system for flood prevention (or for other words [works]) for said district, and in anticipation of the collection of the several installments of an assessment duly levied upon lands and other property within said district and benefited by said improvement in strict compliance with the Conservancy Act of New Mexico, and pursuant to an order of the board of directors of said district, duly made and entered of record.

And it is hereby certified and recited that all acts, conditions and things required to be done in locating and establishing said district and in equalizing appraisals of benefits and in levying assessments against lands benefited thereby, and in authorizing, executing and issuing this bond, have been legally had, done and performed in due form of law; that the total amount of bonds issued by said district does not exceed ninety (90) percent of the assessments so levied and unpaid at the time said bonds are issued, and does not exceed any legal limitation imposed by law.

And for the performance of all the covenants and stipulations of this bond and of the duties imposed by law upon said district for the collection of the principal of and the interest upon said assessment and the application thereof to the payment of this bond and the interest thereon, and for the levying of such other and further assessments as are authorized by law and as may be required for the prompt payment of this bond and the interest thereon, the full faith, credit and resources of ____________ conservancy district are hereby irrevocably pledged.

In testimony whereof, the board of directors of ____________ conservancy district has caused this bond to be signed by its president and sealed with the corporate seal of said district, attested by its secretary, and has caused the coupons hereto annexed to be executed by the facsimile signature of its treasurer as of the ____________ day of ____________, 19___.

(SEAL)

Attest:

$ _____________

FORM V

In the district court of the ____________ judicial district of the state of New Mexico.

In the matter of ____________ conservancy district.

NOTICE OF ENLARGEMENT OF DISTRICT

To all persons and public corporations interested:

Public notice is hereby given:

1. That heretofore on the ____________ day of ____________, 19___, the district court sitting in and for ____________ county, New Mexico, duly entered a final order and decree constituting and creating ____________ conservancy district and appointing a board of directors therefor.

2. That thereafter this court duly appointed

to be the board of appraisers, for said district. That said ____________ board of appraisers, on the ____________ day of ____________, 19___, filed its report recommending that the following lands and other property not originally included in the district be added thereto. (Here describe generally the lands which the report of the board of appraisers recommends should be added to the district.)

3. That on ____________, the day of ____________, 19___, (or soon thereafter as the convenience of the court will permit), at the courthouse in the city of ____________ county of ____________, New Mexico, the district court sitting in and for ____________ county, New Mexico, will hear all persons and public corporations who are owners of or interested in the property described in this notice upon the question whether said lands should be added to and included in said ____________ conservancy district.

Dated at ____________, New Mexico, the ____________ day of ____________, 19___.

FORM VI

STATE OF NEW MEXICO

____________ CONSERVANCY DISTRICT

CONSERVANCY APPRAISAL RECORD

____________ COUNTY

DOUBLE CLICK TO VIEW FORM

FORM VII

In the district court of the ____________ judicial district of the state of New Mexico.

In the matter of ____________ conservancy district.

NOTICE OF HEARINGS ON APPRAISALS

To all persons and public corporations interested:

Public notice is hereby given:

1. That heretofore on the ____________ day of ____________, 19___, the district court sitting in and for ____________ county, New Mexico, duly entered an order and decree, constituting and creating ____________ conservancy district, and appointing a board of directors therefor.

2. That thereafter this court duly appointed

the board of appraisers for said district. That said board of appraisers on the ____________ day of ____________, 19___, filed its appraisal of benefits and damages. The land and other property affected by such appraisal is described as follows:

(Here insert general description of land appraised.)

(It will be sufficient to state: "all land lying in the ____________ ward of the city of ____________," or "all land abutting on ____________ street in the city of ____________," or "all land lying west of ____________ river and east of ____________ railroad in section ____________, township ____________ range ____________," or any general description pointing out the lands involved.)

The said appraisal of benefits and damages and of land to be taken is now on file in the office of the clerk of this court.

3. All public corporations and all persons, owners of or interested in the property described in said report, whether as benefited property or as property taken or damaged (whether said taken or damaged property lies within or without said district), desiring to contest the appraisals as made and returned by the board of appraisers, must file their objections in said court on or before the ____________ day of ____________, 19___, and a hearing on said appraisal will be held in this court on the ____________ day of ____________, 19___, at the hour of ____________ o'clock, ___m., at the courthouse in the city of ____________, county of ____________, New Mexico, at which time an opportunity will be afforded all objectors to be heard upon their several objections.

Dated at ____________, New Mexico, the ____________ day of ____________, 19___.

FORM VIII

CERTIFICATE OF LEVY OF ASSESSMENTS FOR CONSTRUCTION

FUND ASSESSMENT RECORD.

State of New Mexico, county of ____________

To the assessor of ____________ county, New Mexico.

This is to certify that by virtue and under the authority of the Conservancy Act of New Mexico, the board of directors of ____________ conservancy district has levied the sum of ____________ dollars ($ ________), for the account of the construction fund of said district, which said assessment bears interest as provided by law and is payable as set forth in the construction fund assessment record to which this certificate is appended.

The assessments above specified shall be assessed, collectible and payable in the sums therein specified at the time that the state and county taxes are due and collectible, and you are directed and ordered to make and enter such assessments upon the tax rolls of the county at the time that the state and county taxes are assessed and entered against the same property and the construction fund assessment record to which this certificate is appended shall be your authority to make such assessment.

Witness the signature of the president of said district, attested by the seal thereof, and the signature of the secretary, this ____________ day of ____________, 19___.

(SEAL)

Attest: ____________________________, Secretary.

The construction fund assessment record shall be in substantially the following form:

No. _____

CONSTRUCTION FUND ASSESSMENT RECORD
OF
____________ CONSERVANCY DISTRICT.
____________ COUNTY.

DOUBLE CLICK TO VIEW FORM

FORM IX

CERTIFICATE OF LEVY OF ASSESSMENTS FOR
MAINTENANCE FUND ASSESSMENT RECORD

To the assessor ____________ county, New Mexico.

This is to certify that by virtue and under the authority of the Conservancy Act of New Mexico, the board of directors of ____________ conservancy district has levied the sum of ____________ dollars ($ _____), for the account of the maintenance fund for the year 19___.

The amounts of said levies upon the several parcels of land and other property upon which the same are imposed are set forth in the maintenance fund assessment record to which this certificate is appended.

The said assessments set forth in the maintenance fund assessment record, to which this certificate is appended, shall be assessed, collectible and payable for the present year in the sums therein specified at the time that the state and county taxes are due and collectible, and you are directed and ordered to make and enter such assessments upon the tax rolls of the county at the time that the state and county taxes are assessed and entered against the same property and the maintenance fund assessment record to which this certificate is appended shall be your authority to make such assessment.

Witness the signature of the president of the district attested by the seal thereof, and the signature of its secretary this ____________ day of ____________, 19___.

(SEAL)

Attest: ____________________________, Secretary.

The maintenance fund assessment record shall be in substantially the following form:

Maintenance fund assessment record of ____________ conservancy district, ____________ county for the year ____________.

(Due in the year ____________, at the same times general taxes are due.)

DOUBLE CLICK TO VIEW FORM

History: Laws 1927, ch. 45, § 1001; C.S. 1929, § 30-1001; 1941 Comp., § 77-3024; 1953 Comp., § 75-31-24.

Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.

Cross references. — For publication of notice of hearing, see 73-14-7 NMSA 1978.

For declaration of organization by court, see 73-14-13 NMSA 1978.

For publication of notice for Form V, see 73-15-4 NMSA 1978.

For appraiser's report, see 73-15-5 NMSA 1978.

For notice of hearing on appraisals, see 73-15-6 NMSA 1978.

For construction fund assessment record, see 73-16-4 NMSA 1978.

For notice to pay assessments, see 73-16-6 NMSA 1978.

For conservancy bonds, see 73-16-7 NMSA 1978.

For maintenance fund assessment record, see 73-16-10 NMSA 1978.

For short forms and abbreviations, see 73-17-19 NMSA 1978.

Where finding of benefit conforms to statutory provisions. — Where a petition filed with the conservancy court specifically alleges the property of the proposed district will be benefited by the accomplishment of any one of certain purposes and at the conclusion of the hearing, the conservancy court found the allegation of the petition to be true, as alleged, this finding conforms to suggested statutory formula in Form II. In re Sandia Conservancy Dist., 1953-NMSC-056, 57 N.M. 413, 259 P.2d 577.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 18; 94 C.J.S. Waters §§ 319(2), 319(3), 324, 334.