New Mexico Code § 4-62-6

Revenue bonds; mandatory rates for non-utility revenue- producing projects; mandamus; impairment of payment
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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appertaining thereto, shall not be repealed or amended or otherwise modified in such a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.

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