New Mexico Statutes

N.M. Stat. § 5-3-3 (2026)

[Auditorium revenue bonds; mortgage or lien to secure

✓ current as of May 2026
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payment.]
    Whenever it shall be declared necessary by the governing body, by ordinance duly
adopted, as hereinafter provided, municipalities are hereby authorized to make and
issue revenue bonds, payable solely out of the net income to be derived from the
operation of an auditorium, and to pledge irrevocably, such income to the payment
thereof, and to execute a mortgage or other lien upon the auditorium premises to secure
the payment of said bonds.

History: Laws 1935, ch. 51, art. 1, § 3; 1941 Comp., § 6-303; 1953 Comp., § 6-3-3.

                                    ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Section contemplates special fund arising solely from sources separate and apart
from general taxation and that the site upon which the auditorium would rest should not
be acquired by purchase or otherwise with funds arising in whole or in part from general
taxation. Wiggs v. City of Albuquerque, 1952-NMSC-013, 56 N.M. 214, 242 P.2d 865.

"Debt" within constitutional prohibition created. — The mortgage lien on municipal
auditoriums declared by this section creates a "debt" within the prohibition found in N.M.
Const., art. IX, § 12, except as the creation of same may have received an approving
vote by referendum. Wiggs v. City of Albuquerque, 1952-NMSC-013, 56 N.M. 214, 242
P.2d 865.
Notes of Decisions
Cited in 1 case, 1977–1977 · leading case: Mata v. Montoya, 569 P.2d 946 (N.M. 1977).
Mata v. Montoya, 569 P.2d 946 (N.M. 1977). · cites it 3× “Petitioner argues that since § 5-3-3, supra, (relating to removal) is limited by its terms to “officers elected by the people” that § 5-3-37.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.