Section 73-17-24 - Forms. - New Mexico Statutes

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  ... 
              .................................................................
              Clerk of the district court of the 
              .................................................................
              judicial district of the state of New 
              Mexico, within and for the county of 
              .................................................................
              By ..............................................................
   Deputy.   
  
 
 
 
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  ... 
              .................................................................
   President.  
   (SEAL) 
     Attest: 
    ............ 
        Secretary.  
  
 
 
 
FORM IV 
BONDS AND COUPONS 
(Form of bond)    No.  ........                                                    $ ........ 
     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  ... 
                ...............................................................
                                                                   President.  
   (SEAL) 
     Attest: 
    ............ 
         Secretary. 
   $  .........  
    
 
 
 
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  ... 
              .................................................................
              Clerk of the district court of the ..............................
              judicial district of the state of New Mexico, 
              within and for the county of ....................................
              .................................................................
              By...............................................................
   Deputy.     
  
 
 
 
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  ... 
              .................................................................
              Clerk of the district court of the ..............................
              judicial district of the state of New Mexico, 
              within and for the county of ....................................
              .................................................................
              .................................................................
              By ..............................................................
   Deputy.   
  
 
 
 
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  .... 
              .................................................................
   President.  
   (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    State of New Mexico 
           ss. 
   County of  .... 
     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  ... 
              .................................................................
   President.  
   (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