A. No application for dissolution shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular.
B. The court shall order an election in the district on the question of dissolution if it finds the application for dissolution to be in order and finds that the district has no outstanding securities or other financial obligations or that the district's securities and other financial obligations will be adequately provided for before dissolution by means of escrow funds or federal securities to secure payment thereof.
C. If the district has outstanding securities or other financial obligations and no escrow plan, the court shall determine whether the continuation of functions provided for in the plan for dissolution adequately provides for payment of the securities and other financial obligations of the district. If the court determines that the application and the plan for dissolution are sufficient and that an agreement exists for continuation of functions, the court shall order an election of the qualified electors of the district pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978] on the question of dissolving the district or, if there is a plan for dissolution, on the question of dissolving the district in accordance with the plan for dissolution. If, at any time after the filing of an application for dissolution, the court determines that no agreement can be reached concerning the plan for dissolution or that the other requirements of Section 72-18-28 NMSA 1978 cannot be met, it shall dismiss the dissolution proceedings.
History: Laws 1981, ch. 377, § 30; 2019, ch. 212, § 245.
ANNOTATIONSThe 2019 amendment, effective April 3, 2019, provided that an election on whether a flood control district should be dissolved should be held pursuant to the provisions of the Local Election Act; in Subsection C, after "electors of the district", added "pursuant to the provisions of the Local Election Act", and after "requirements of Section", deleted "28 of the Flood Control District Act" and added "72-18-28 NMSA 1978".