reglab/housing_qa huggingface dataset:
NM Stat § 3-33-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-12 - Improvement district; notice of assessment; protests.

A. The notice of the provisional order creating an improvement district shall: (1) contain the time and place when the governing body shall hold a hearing on the provisional order creating the improvement district; (2) describe the improvement to be constructed and the general location thereof; and (3) state that any interested person may ascertain in the office of the municipal clerk: (a) a description of the property to be assessed; and (b) the maximum amount of benefit estimated to be conferred on each tract or parcel of land. B. Not more than thirty days nor less than ten days before the day of the hearing, the municipal clerk, his deputy or the engineer shall mail the notice of the hearing on the provisional order to the owner of the tract or parcel of land being assessed the cost of the improvement at his last-known address. The name and address of the owner of each tract of land shall be obtained from the records of the county assessor or any other source the municipal clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the municipal clerk, his deputy or the engineer, which shall be filed in the office of the municipal clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in Sections 3-33-1 through 3-33-43 NMSA 1978. C. Notice of the hearing shall also be published once each week for three consecutive weeks and the last publication shall be at least one week prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the municipal clerk. History: 1953 Comp., § 14-32-5, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For definition of "publish" or "publication," see 3-1-2 NMSA 1978. Purpose of the notice is to afford property owner opportunity to urge objections, but this is a right merely to be heard. Ellis v. New Mexico Constr. Co., 1921-NMSC-068, 27 N.M. 312, 201 P. 487. Notice held sufficient. — Where publication was made in each of three consecutive weeks, though not on the same day of the week, and the last insertion of the notice was more than a week before the date set for the hearing, notice was sufficient. Feldhake v. City of Santa Fe, 1956-NMSC-079, 61 N.M. 348, 300 P.2d 934. Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of city under freeholder's charter as to special assessments, 35 A.L.R. 888. 63 C.J.S. Municipal Corporations § 1094.
NM Stat § 3-33-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-15 - Improvement district; notice of preliminary hearing.

A. The notice of the preliminary hearing required in Section 3-33-14 NMSA 1978 shall contain: (1) the time and place when the governing body will hold a preliminary hearing on the proposed improvement; (2) the estimated cost of the improvement; (3) the boundary of the improvement district; (4) the route of the improvement by streets or location of the improvements; (5) the location of the proposed improvement; (6) a description of each property to be assessed or against which an improvement district property tax is to be imposed; (7) the estimated amount of the assessment against or improvement district property tax to be imposed upon each tract or parcel of land; and (8) the amount of the cost to be assumed by the municipality, if any. B. If the owners are found within the county, the notices shall be personally served on them at least thirty days prior to the day of the hearing. The notice shall also be published in a newspaper published in the municipality once each week for four successive weeks. The last publication shall be at least three days before the day of the preliminary hearing. History: 1953 Comp., § 14-32-8, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 11; 2001, ch. 312, § 6. ANNOTATIONSCross references. — For definition of "publish" or "publication," see 3-1-2 NMSA 1978. The 2001 amendment, effective June 15, 2001, substituted "estimated cost" for "estimate-cost" in Subsection A(2); added the language following "assessed" in Subsection A(6); and inserted "or improvement district property tax to be imposed upon" in Subsection A(7). The 1991 amendment, effective April 4, 1991, in Subsection A, substituted "3-33-14 NMSA 1978" for "14-32-7 New Mexico Statutes Annotated, 1953 Compilation" in the introductory phrase, added "or location of the improvements" at the end of Paragraph (4), and substituted "location" for "places of commencement and end" in Paragraph (5).
NM Stat § 3-33-17 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-17 - Improvement district; municipalities under 25,000; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

A. Whenever the governing body of a municipality having a population of less than twenty-five thousand persons: (1) elects to order the construction of a street as authorized in Sections 3-33-1 through 3-33-43 NMSA 1978; (2) uses municipally owned or leased equipment to construct the street; and (3) determines what portion of the estimated cost of the construction shall be paid by tract or parcel of land benefited or to be benefited by the construction, the assessment may be levied and the installments collected prior to the commencement of work and as work progresses according to the terms of payment fixed by the governing body. B. The construction shall commence within sixty days after the payment of the first installment of the assessment and be diligently prosecuted so that the construction is completed within one year from the date of commencement. At the end of the one year period, any tract or parcel of land that has not received the benefits provided by this section shall be released of any lien assessed against the tract or parcel of land by reason of this section and all assessment money collected from each owner of a tract or parcel of land so assessed and not benefited shall be returned. C. All assessment money collected under this section shall be held by the municipal treasurer in a special account as a separate fund and used only for constructing the improvement, including the purchasing or leasing of necessary equipment. The use of the special fund for any purpose other than that required under this section by any public official, treasurer or member of the governing body is prohibited and is a felony punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the penitentiary for not more than two years or by both fine and imprisonment in the discretion of the court. History: 1953 Comp., § 14-32-10, enacted by Laws 1965, ch. 300; 1971, ch. 56, § 1.
NM Stat § 3-33-18 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-18 - Improvement district; advertising for bids; municipality may do work; contribution by governmental agency.

A. If a continuous area proposed to be improved on any one street exceeds five hundred feet in length, the governing body, before using municipal equipment and employees to construct the improvement, shall advertise for bids for the construction of the improvement and award the contract for the construction of the improvement to the lowest responsible bidder; provided, however, a municipality may construct the improvement using the same specifications upon which bids were requested if: (1) the municipality can guarantee to construct the improvement for an amount less than the lowest bid amount and not assess the benefiting tracts or parcels of land an amount in excess of the lowest responsible bid if a bid is received; or (2) the municipality receives no bids for the construction of the improvement. B. A municipality using municipally owned or leased equipment and municipal employees in constructing an improvement may cooperate with another governmental agency which contributes money, labor or a portion of the cost of materials towards completion of the improvement. History: 1953 Comp., § 14-32-11, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of "changed conditions" clause in public works or construction contract with state or its subdivision, 56 A.L.R.4th 1042. 63 C.J.S. Municipal Corporations §§ 1150, 1157.
NM Stat § 3-33-19 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-19 - Notice of bid; acceptance of bid.

A. After the governing body creates an improvement district, the governing body may proceed as authorized in Section 3-33-17 or 3-33-18 NMSA 1978, or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978 [repealed]. B. After advertising for bids, the municipality may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications. C. The governing body shall award the contract to the lowest responsible bidder unless the governing body: (1) elects to construct the improvement as authorized in Section 3-33-17 or 3-33-18 NMSA 1978; or (2) rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner: (a) if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or (b) if three or more bids are received, the municipality may reject any or all bids but shall readvertise and accept new bids; and (c) if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the governing body declaring the reasons for such rejection and the municipality may then purchase the required items on the open market at the best documented price. History: 1953 Comp., § 14-32-12, enacted by Laws 1965, ch. 300; 1977, ch. 325, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not a part of the law. Laws 1984, ch. 65, § 175 repealed 13-1-11 NMSA 1978, effective November 1, 1984. For present provisions relating to notice of invitation for sealed bids, see 13-1-104 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Extension of time for completion of improvement, municipality's right to exact of contractor additional consideration as condition of, 71 A.L.R. 904. Construction of paving contractor's contract in respect of contractor's obligation as to repairs, 72 A.L.R. 644. Invalid or unenforceable contract, right of contractor to return in specie of consideration received by political subdivision, or to declaration of trust in respect of, or right to assert claim upon, property into which consideration has been converted, 93 A.L.R. 441. Mandatory or permissive character of legislation in relation to payment for services rendered to public by contractor, 103 A.L.R. 818. Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186. Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93. Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 A.L.R.5th 747.
NM Stat § 3-33-20 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-20 - Improvement district; assessment of railroad property.

The governing body may assess the property of any railroad or street railroad which occupies or abuts any street the whole cost of the improvement between or under the rails or tracks and two feet on each side of the rail or track of the railroad or street railroad. The assessment shall be levied as other assessments are levied and shall constitute a lien coequal with the lien of other taxes and prior and superior to all other liens, claims and titles, and which may be enforced by sale of the railroad or street railroad property or by suit against the owner of the railroad or street railroad. History: 1953 Comp., § 14-32-13, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability of street railway which paves or is liable for paving occupied portion of street to assessment for improvement of remainder, 10 A.L.R. 164. Liability of railroad which paves or is liable for paving occupied portion of street to assessment for improvement of remainder, 29 A.L.R. 679. Right of way of railroad as liable for local improvements, 37 A.L.R. 219, 82 A.L.R. 425. Public service commission's power as to paving of street by street railway company, 39 A.L.R. 1538. Railroad property, excessiveness or unfairness of assessment on, for highway improvement, 48 A.L.R. 497. Assessment for street or local improvement of right of way other than that of railroad or street railway, 58 A.L.R. 127. Railroad grade crossing, elimination of, as a local improvement for which property specially benefited may be assessed, 111 A.L.R. 1222.
NM Stat § 3-33-26 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-26 - Improvement district; additional duties imposed on municipality.

A. Whenever an improvement district has been created and bonds or assignable certificates have been issued to finance the improvement, a municipality shall: (1) act as agent for the collection of the assessments; (2) collect the assessments when due; (3) act as trustee for the benefit of the holders of the bonds or assignable certificates; (4) annually prepare a statement that shall: (a) be available for inspection in the office of the municipal treasurer; (b) reflect the financial condition of the improvement district; and (c) list all the delinquencies existing at that time; and (5) institute proceedings to foreclose the assessment lien against any tract or parcel of land that is delinquent in the payment of the assessment or installment of an assessment for a period of more than one year. B. If more than one improvement district is created, the money from assessments in each district shall be kept in a separate fund and used for the payment of principal and interest of the bonds or assignable certificates outstanding against that improvement district. History: 1953 Comp., § 14-32-19, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 17. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, deleted "negotiable coupon" preceding "bonds" in three places and, in Subsection A, substituted "when due" for "annually or semiannually" at the end of Paragraph (2), designated former Subparagraph (d) of Paragraph (4) as Paragraph (5), and made minor stylistic changes. Ordinance cumulative of statute. — The promise of the city in paving ordinance to enforce collection of assessments is only promising to perform the very services which the statute pursuant to which the ordinances were passed says the municipality should perform and is cumulative only. Munro v. City of Albuquerque, 1943-NMSC-050, 48 N.M. 306, 150 P.2d 733. Absent specific directions in the applicable statutes, ordinances or bonds for the application of collected funds to interest and principal, in the event of insufficiency to pay both at maturity, the city incurs no obligation with respect thereto except to apply the available funds in accordance with the provisions of the ordinances creating the obligation. Gray v. City of Santa Fe, 135 F.2d 374 (10th Cir. 1943). The city's only obligation to sewer certificate holders is to handle the fund created by sewer assessments according to the contract and its liability under the contract is measured by the statutes which authorized it. Purcell v. City of Carlsbad, 126 F.2d 748 (10th Cir. 1942). Liability of city. — A city which agrees to collect improvement assessments, and to apply the proceeds in payment of bonds, which are payable exclusively out of such assessments, is not liable primarily for the bonds. Gray v. City of Santa Fe, 89 F.2d 406 (10th Cir. 1937).
NM Stat § 3-33-27 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-27 - Improvement district; acceptance of deed in lieu of foreclosure.

In lieu of the foreclosure of a lien against any tract or parcel of land which is delinquent in the payment of an assessment or installment of an assessment for a period of more than one year, a municipality may accept a deed to the property subject to the lien if the owner of the property tenders the deed to the municipality. History: 1953 Comp., § 14-32-20, enacted by Laws 1965, ch. 300.
NM Stat § 3-33-28 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-28 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Any delinquent assessment has the effect of a mortgage and shall be foreclosed and sold in the manner provided by law for the foreclosure of mortgages on real estate. In any action seeking the foreclosure of a lien against any tract or parcel of land assessed by a municipality for the construction of any project after either or both assignable certificates or bonds have been issued, if there is no other purchaser for the tract or parcel of land having a delinquent assessment, the municipality, as trustee of the fund from which the assignable certificates or bonds are to be paid, may: A. purchase the tract or parcel of land sold at the foreclosure sale; and B. bid, in lieu of cash, the full amount of the assessment, interest, penalties, attorneys' fees and costs found by the court to be due and payable under the ordinance creating the lien and any cost taxed by the court in the foreclosure proceedings against the property ordered sold. History: 1953 Comp., § 14-32-21, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 18. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, rewrote the section heading which read "Improvement district - Trustee may purchase at foreclosure of street improvement liens where bonds were exchanged for certificates - Contents of bid"; added the first sentence; substituted "or bonds have been issued, if there is no other purchaser for the tract or parcel of land having a delinquent assessment, the municipality, as trustee of the fund from which the assignable certificates or bonds are to be paid" for "and negotiable coupon bonds have been issued, the trustee of the fund from which the bonds are to be paid" at the end of the introductory paragraph; and, in Subsection B, inserted "penalties, attorneys' fees and costs" and made a related stylistic change.
NM Stat § 3-33-29 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-29 - Improvement district; title subject to redemption vests in trustee.

Upon the acceptance or purchase of the tract or parcel of land as provided in Section 3-33-27 or 3-33-28 NMSA 1978, title to the tract or parcel of land, subject to the right of redemption provided by Subsection A of Section 3-33-30 NMSA 1978, vests in the trustee of the fund from which the assignable certificates or bonds are payable. History: 1953 Comp., § 14-32-22, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 19. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, rewrote this section which read "Upon the acceptance or purchase of the tract or parcel of land as provided in Sections 14-32-20 or 14-32-21 New Mexico Statutes Annotated, 1953 Compilation, title of the tract or parcel of land, subject to the right of redemption as now provided by law vests in the trustee of the fund from which the negotiable coupon bonds are payable".
NM Stat § 3-33-30 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 33 - Improvement Districts|Section 3-33-30 - Improvement district; private or public sale of property; redemption period; disposition of proceeds.

A. No real property shall be sold by the trustee to satisfy a delinquent assessment until at least fifteen days after the date of the order, judgment or decree of the court, within which time the owner of the tract or parcel of land may pay off the decree and avoid the sale. Any real estate sold under any order, judgment or decree of court to satisfy the lien may be redeemed at any time within one year of the date of sale by the owner or mortgage holder or other person having an interest, or their assigns by repaying to the purchaser or his assign the amount paid with interest from the date of purchase at the rate of twelve percent per year. B. After expiration of the fifteen-day period, the trustee may sell the property at a public or private sale subject to the right of redemption, and, if not paid from the proceeds of the sale, subject to the indebtedness claimed under the lien, ad valorem taxes and other special assessments having a lien on the property that is coequal with the lien for ad valorem taxes. C. The proceeds of the sale of the foreclosed tract or parcel of land at either a private sale or a public sale shall be applied as follows: (1) first, to the payment of costs in giving notice of the sale and conducting the sale; (2) second, to costs and fees taxed against the tract or parcel of land in the foreclosure proceedings; (3) third, on a pro rata basis, to indebtedness claimed under the lien and to ad valorem taxes and other special assessments having a lien on the property that are coequal with the ad valorem taxes; and (4) fourth, after all such costs, liens and assessments are paid to the former owner, mortgage holder or other parties having an interest in the tract or parcel, upon such persons providing satisfactory proof to the court of an interest and upon approval of the court. D. Receipts for the satisfaction of the indebtedness claimed under the lien shall be paid into the proper improvement district fund for payment of the interest and the bonds or assignable certificates. E. In case of the sale of any tract or parcel of land subject to more than one delinquent assessment, such remaining proceeds shall be distributed into the proper improvement district funds for such payment pro rata based upon the total unpaid amount due each such district. History: 1953 Comp., § 14-32-23, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 20. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, rewrote this section to the extent that a detailed comparison would be impracticable.