N.M. Stat. § 4-55A-42
Street and road improvement fund; repurchasing bonds
or certificates; pledging income.
A. The board of county commissioners may, by ordinance approved by three-
fourths of all the members of the board of county commissioners and irrepealable during
the term of the contract and for a period not exceeding twenty-one years, contract:
(1)
to repurchase bonds or assignable certificates authorized in Section 4-
55A-20 NMSA 1978 for construction of a street, road, bridge, walkway, overpass,
underpass, pathway, alley, curb, gutter or sidewalk project with the money in the street
and road improvement fund; or
(2)
to pledge the income of the street and road improvement fund to pay the
interest and principal of bonds or assignable certificates when default in payment may
occur by reason of nonpayment of any assessment levied for the payment of a street,
road, bridge, walkway, overpass, underpass, pathway, alley, curb, gutter or sidewalk
project authorized in the County Improvement District Act.
B. The county may anticipate the annual income to be received by the street and
road improvement fund. The amount contracted or pledged to be expended each year
as authorized in this section shall not exceed the amount that is accumulated in the
street and road improvement fund.
C. The ordinance authorized in this section shall state that:
(1)
all disbursements made pursuant to the contract shall be paid solely from
the street and road improvement fund and from no other source;
(2)
the obligations created by the contract are not general obligations of the
county; and
(3)
the contracting parties may not look to any other fund for the performance
of the contractual obligation.
D. In the event of disbursement from the street and road improvement fund
pursuant to the obligations created by the contract, the county shall be subrogated for
the benefit of the street and road improvement fund to all the rights and remedies of the
holders of the securities upon which payment is made.