New Mexico § 72-4-5 - Water revenue bonds; security; restrictions and limitations

§ 72-4-5. Water revenue bonds; security; restrictions and limitations

The principal of and interest on any bonds issued under the authority of this 1959

act shall be secured by a pledge of the revenues out of which such bonds shall be

made payable, and may be secured by a mortgage covering all or any part of the system

from which the revenues so pledged may be derived. The resolution 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 system covered

by such proceedings or mortgage, the maintenance and insurance of such system, the

creation and maintenance of special funds from the revenues from such system, and

the rights and remedies available in event of default to the bondholders or to the

trustee under a mortgage, all as the board of county commissioners shall deem advisable

and as shall not be in conflict with the provisions of this 1959 act; provided, however,

that 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 hereunder 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.