4-62-6. Revenue bonds; mandatory rates for non-utility revenue-
267 words·~1 min read·
/nm/chapter-4-counties/article-62-revenue-bonds/4-62-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
producing projects; mandamus; impairment of payment.
A. The governing body of any county issuing non-utility revenue bonds as authorized in Chapter 4, Article 62 NMSA 1978 shall establish rates for services rendered by or use of the applicable non-utility revenue-producing project to provide revenue sufficient to pay the following or, where applicable to a revenue-producing project, to enter into leases or other agreements sufficient to provide revenues that are sufficient to pay the following:
(1)all reasonable expenses of operation; and
(2)all principal of and interest on the revenue bonds as those amounts come due.
B. In the event the governing body fails or refuses to establish rates for the applicable non-utility revenue-producing project, or to enter into a lease or other agreement where applicable to a non-utility revenue-producing project, any bondholder may apply to the district court for a mandatory order requiring the governing body to establish rates or to enter into such applicable leases or agreements that will provide revenues adequate to meet the requirements of this section.
C. Any law that authorized the pledge of any or all of the pledged revenues to the payment of any revenue bonds issued pursuant to Chapter 4, Article 62 NMSA 1978 or that affects the pledged revenues, or any law supplemental thereto or otherwise appertaining thereto, shall not be repealed or amended or otherwise modified in such a manner as to impair any outstanding revenue bonds, unless such outstanding revenue bonds have been discharged in full or provision has been fully made therefor.
History: 1978 Comp., § 4-62-6, enacted by Laws 1992, ch. 95, § 6.