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Section 67-4-5 - [Road districts; establishment; road supervisor; appointment; powers.]

NM Stat § 67-4-5 (2019) (N/A)
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A. The board of county commissioners of any county in this state may by resolution duly adopted at any regular meeting of such board, divide their county into road districts composed of two or more contiguous school districts and may appoint a district road supervisor (hereinafter called road supervisor) for each of such road districts, provided that no person shall be appointed to the office of road supervisor for any road district unless his name has been proposed by a petition signed by at least twenty-five percent of the residents of such road district, who have paid a road tax in such road district during the preceding year, and the work of construction and maintenance of county roads and bridges in such road district shall be under the direction and control of the road supervisor of such district, and such road supervisor, subject to the approval of the board of county commissioners of his county, shall purchase the road equipment, materials and supplies for his district.

B. Such road supervisor shall hold office until the first day of January next after his appointment and qualifications [qualification].

C. Such road supervisor, before assuming the duties of his office, shall enter into a good and sufficient bond with two or more sureties, in the penal sum of one thousand dollars [($1,000)], conditioned for the honest and faithful performance of the duties of his office. Such bond shall be approved in the same manner as bonds for county officers.

D. Each road supervisor shall receive compensation for the actual time he shall be employed in work on county roads and bridges in his road district, at the rate of four dollars ($4.00) per day. Such compensation shall be paid by warrant of the board of county commissioners of the county upon itemized and verified voucher, showing in detail the actual amount and character of work done, and the actual place where done during the day or fraction of day such road supervisor has been engaged.

History: Laws 1921, ch. 135, § 3; C.S. 1929, § 64-203; 1941 Comp., § 58-304; 1953 Comp., § 55-3-5.

Cross references. — For bonds of county officers, see Chapter 10, Article 2 NMSA 1978.

Compiler's notes. — The parts of this section providing that the payment of a road tax shall be a qualification for those signing the petition may be obsolete since Code 1915, § 2674, as amended by Laws 1923, ch. 104, § 1, which provided for a road tax, was repealed by Laws 1927, ch. 44, § 1.

Sections 73-2-16 and 73-2-17 NMSA 1978 list certain disqualifications for "public road supervisors"; however, they are deemed inapplicable to the supervisor appointed under this section, since the office of road supervisor as it existed at the time the above mentioned sections were enacted was abolished by Laws 1912, ch. 54, § 9.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 13.

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Section 67-4-5 - [Road districts; establishment; road supervisor; appointment; powers.]