Section 3-33-7 - Improvement district; powers of and restrictions upon a county.

3-33-7. Improvement district; powers of and restrictions upon a county.

A.     An H class county or incorporated county which constructs, acquires, operates or maintains a utility pursuant to Section 3-33-6 NMSA 1978 may exercise all of the powers exercised by a municipality which constructs, acquires, operates or maintains a utility pursuant to Section 3-24-1 or 3-25-2 NMSA 1978.   

B.     An H class county or incorporated county which constructs, acquires, operates or maintains a utility pursuant to Section 3-33-6 NMSA 1978 shall be subject to all of the restrictions and limitations as a municipality which constructs, acquires, operates or maintains a utility pursuant to Section 3-24-1 or 3-25-2 NMSA 1978 except:   

(1)     the H class county or incorporated county need not hold an election prior to the construction of the utility; and   

(2)     the H class county or incorporated county need not finance the utility by revenue bonds.   

C.     If an H class county or incorporated county seeks to acquire an existing utility through the creation of indebtedness, the question shall be submitted to a vote pursuant to the procedures established in Section 3-23-2 NMSA 1978.