Section 19-10B-5 - Commissioner of public lands; authorization to issue revenue bonds. - New Mexico Statutes

19-10B-5. Commissioner of public lands; authorization to issue revenue bonds.

A.     In order to provide funds for the design, development, acquisition and implementation of the ONGARD system, the commissioner of public lands is authorized to issue revenue bonds, in a principal amount not to exceed eighteen million dollars ($18,000,000), payable solely from that part of the income derived from state trust lands that is required by law to be deposited in the state lands maintenance fund and from certain revenues generated by the ONGARD system.   

B.     The bonds shall have a maturity of no more than twenty years from the date of issuance.  The commissioner of public lands shall determine all other terms, covenants and conditions of the bonds subject to the approval of the state board of finance.   

C.     The bonds shall be executed with the manual or facsimile signature of the commissioner of public lands and countersigned by the state treasurer, with the seal of the commissioner of public lands imprinted or otherwise affixed to the bonds.   

D.     Proceeds from the sale of the bonds shall be placed in a special fund created within the state treasury. The fund and the earnings of the fund are appropriated to the commissioner of public lands for the design, development, acquisition and implementation of the ONGARD system and may also be used to pay expenses incurred in the preparation, issuance and sale of the bonds.  Any balance remaining in the fund after the ONGARD system has been fully implemented shall be used to retire the bonds or, if the bonds have been fully retired, shall be deposited into the state lands maintenance fund.   

E.     The bonds may be sold only at a private sale and only to the state investment officer or to the state treasurer.   

F.     This section is full authority for the issuance and sale of the bonds, and the bonds shall not be invalid for any irregularity or defect in the proceedings for their issuance and sale and shall be incontestable in the hands of bona fide purchasers or holders of the bonds for value.   

G.     An amount of money in the state lands maintenance fund sufficient to pay the principal of and interest on the bonds as they become due in each year shall be set aside, and is hereby pledged, for the payment of the principal of and interest on the bonds.   

H.     The bonds shall be payable by the state treasurer who shall keep a complete record relating to the payment of the bonds.