N.M. Stat. § 73-16-4
Construction fund.
A. After the list of property, with the appraised benefits as approved by the court, or
that part thereof from which no appeal is pending, has been filed with the secretary,
then from time to time, as the affairs of the district may demand, the board shall levy on
all property upon which benefits have been appraised, and assessment of such portion
of said benefits as may be found necessary by said board to pay the cost of the
appraisal (except as paid out of the preliminary fund), the preparation and execution of
the official plan, including superintendence of construction and administration during the
period of construction, plus ten (10%) percent of said total, to be added for
contingencies, but not to exceed, in the total of principal, the appraised benefits so
adjudicated. In case of acreage tracts of twenty acres or less, on which benefits are
appraised, in order to reduce the expense of administration, and to promote
convenience in making payments, the installments of interest during the five-year period
prior to the payment of the first annual installment of principal, shall be capitalized and
added to the principal of the assessment; provided that any owner of an acreage tract of
twenty (20) acres or less may elect within the period, and in the manner provided in
Section 505 [73-16-6 NMSA 1978] hereof, to pay installments of interest as in the case
of other lands.
B. The said assessment shall be levied by resolution of the board, shall be known
as the construction fund assessment, shall be apportioned to and levied on each tract of
land or other property in said district in proportion to the benefits appraised, and not in
excess thereof, and in case bonds are issued as hereinafter provided, then the amount
of interest which will accrue on such bonds, as estimated by said board, shall be
included in and added to the said assessment but the interest to accrue on account of
the issuing of said bonds shall not be construed as a part of the cost of construction in
determining whether or not the expenses and costs of making said improvement are or
are not equal to or in excess of the benefits appraised.
C. As soon as said assessment is levied, the secretary shall prepare in duplicate a
construction fund assessment record of the district. The said record shall be in the form
of a well-bound book endorsed and named "construction fund assessment record of . . .
. . . . . . . conservancy district," which endorsement shall also be printed at the top of
each page thereof.
D. The construction fund assessment record shall include a table or schedule
(Schedule Form VIII) [73-17-24 NMSA 1978] showing in properly ruled columns:
(1)
the names of the owners of the property to which benefits are appraised,
which may be as they appear in the order of the court confirming the appraisals, and, in
case of appraisals against a town, city, county or other public corporation, the name of
the individual owners need not be given, but only the name of such corporation;
(2)
the descriptions of the items of property appraised and assessed,
arranged by counties;
(3)
the total amount of benefits appraised against each item of property;
(4)
the total assessment levied against each item of property to which benefits
have been appraised; in this column of the record provision shall be made for the entry
of successive levies of assessments;
(5)
suitable columns shall be provided for entering the options and elections
for paying the assessments provided for in this act;
(6)
in successive columns, the construction fund installments (or if bonds are
issued, these columns may be designated bond fund installments) both principal and
interest, one column for each installment, with provision for the entry of installments of
successive levies, if any, and suitable blank columns in which the county treasurer shall
record the several installment amounts, principal and interest, as collected by him, and
the names of the person or persons paying the same.
E. Where successive levies of assessments are made for the construction fund, the
construction fund assessment record shall contain suitable notations to show the
number of levies and the amount of each, to the end that it may disclose the aggregate
of all levies for the construction fund.
F. Upon the completion of the construction fund assessment record it shall be
signed by the president, and the seal of the district shall be thereunto affixed and
attested by the signature of the secretary, and the same shall thereafter become a
permanent record in the office of said district.
G. If it shall be found at any time that the total amount of assessments levied is
insufficient to pay the cost of the works set out in the official plan or of additional work
done, the board may levy such additional assessments and may make such
amendments or supplements to the construction fund assessment record, from time to
time as may be necessary to provide funds to complete the work, provided the total of
all such assessments exclusive of interest, does not exceed the total of benefits
appraised.