reglab/housing_qa huggingface dataset:
NM Stat § 3-35-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-1 - Fire-fighting facilities; preliminary plans of contemplated improvement; estimate of cost; assessment plat; provisional order.

The governing body of any municipality, when it believes the municipality requires fire stations, fire hydrants or fire-fighting equipment or water, may, by resolution, direct the city engineer or other competent engineer to prepare preliminary plans of the contemplated improvement and a preliminary estimate of the cost. He shall also submit an assessment plat showing the area to be assessed and the amount of maximum benefits estimated to be assessed against each tract or parcel of land in the assessment area, based on a front-foot zone, area or other equitable basis established by the resolution. The resolution may provide for one or more types of construction and the engineer shall separately estimate the cost of each type, either in a lump sum or by unit prices as the engineer thinks more desirable. The total estimate shall also include cost of advertising, appraising, engineering, printing and other necessary expenses. Upon filing with the municipal clerk, the governing body shall examine them and, if satisfactory, make a provisional order that the work of improvement be done. History: 1953 Comp., § 14-34-1, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For building construction and restrictions, establishing fire zones, see 3-18-6 NMSA 1978. For powers of municipalities regarding fire prevention and protection, see 3-18-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Special or Local Assessments § 31.
NM Stat § 3-35-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-2 - Hearing on provisional order; notice; description of property to be assessed.

In any provisional order, the governing body shall set a time and place for it to hear property owners to be assessed and other interested persons wanting to comment on the order. At least ten days before the hearing, written notice of the hearing shall be mailed to the property owners and proof of mailing made by affidavit of the municipal clerk. Failure to mail the notice does not invalidate the proceedings. Notice of the hearing shall also be given by publication for three consecutive publications, the last to be at least one week prior to the date of the hearing. Each notice shall describe the property to be assessed, and proof of publication made by affidavit of the publisher filed with the municipal clerk. History: 1953 Comp., § 14-34-2, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For definition of "publish" or "publication," see 3-1-2 NMSA 1978.
NM Stat § 3-35-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-3 - Hearing on provisional order; protest by property owner or interested person; appeal.

At the hearing on a provisional order, a property owner or interested person may file a written protest and may be heard by the governing body on the order. A person filing a written protest may bring an appeal concerning the governing body's determination on the protest pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 14-34-3, enacted by Laws 1965, ch. 300; 1998, ch. 55, § 12; 1999, ch. 265, § 12. ANNOTATIONSCross references. — For appeal of final decisions by agencies to district court, see 39-3-1.1 NMSA 1978. For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in the last sentence. The 1998 amendment, effective September 1, 1998, rewrote this section.
NM Stat § 3-35-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-4 - Provisional order; determination of advisability; advertising for bids; contract with lowest bidder.

After the hearing, the governing body shall determine the advisability of the order, the improvements to be made, advertise for bids on the work and equipment, and enter into a contract with the lowest bidder for the work and furnishing of necessary supplies. Where the work is to be done by the municipality, by itself or in cooperation with another governmental agency contributing money, labor or materials, it is not necessary to advertise for bids or enter into contracts. History: 1953 Comp., § 14-34-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-35-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-5 - Assessment of cost; hearing on assessment roll; notice; objections by property owners.

A. After making the contracts and determining the net cost to the municipality, the governing body shall: (1) determine what portion of the costs of the work and equipment, including advertising, appraising, engineering, legal, printing and other costs, shall be paid by the property specially benefited; (2) together with the engineer, make an assessment roll containing, among other things: (a) the names of the last known owners of the property to be assessed or, if not known, a statement that the name is unknown; (b) a description of each tract or parcel of land to be assessed; and (c) the amount of the assessment on each tract or parcel; and (3) fix a time and place for hearing and file the roll with the municipal clerk. B. Assessments may be made on a front-foot zone, area or other equitable basis determined by the governing body, but never exceeding the estimated benefits to the property assessed. C. The municipal clerk shall give notice of the hearing by publication once a week for two consecutive weeks, the last publication at least one week prior to the date of the hearing. The notice shall include a statement that the assessment roll is on file in his office and the time and place of the hearing when the governing body will consider objections to the assessment roll. Any owner of property to be assessed, whether or not named in the roll, may file his specific written objections with the clerk within ten days of the first publication provided in this section. Any objection to the regularity, validity and correctness of the proceedings, the assessment roll, each assessment on the roll and the amount levied on each tract or parcel of land is waived unless presented at the time and in the manner provided in this section. History: 1953 Comp., § 14-34-5, enacted by Laws 1965, ch. 300.
NM Stat § 3-35-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-6 - Hearing and determination of objections; modification, confirmation or setting aside of assessment; levy of assessments on the assessment roll.

A. At the time and place designated for the hearing, the governing body shall: (1) hear and determine all objections filed in accordance with Section 3-35-5 NMSA 1978, but it may adjourn from time to time; and (2) in its discretion, by resolution, revise, correct, confirm or set aside any assessment and order it be made de novo. B. The governing body shall, by ordinance referring to the assessment roll as modified or confirmed by the resolution, levy the assessments on the roll and the ordinance is a final determination of the regularity, validity and correctness of the proceedings of the assessment roll, each assessment on the roll and the amount levied on each tract or parcel of land and it is conclusive on the owners of the property assessed unless, within fifteen days of publication of the ordinance, any person who filed a written objection files an action in the district court to correct or set aside the determination, and thereafter all such actions are barred. History: 1953 Comp., § 14-34-6, enacted by Laws 1965, ch. 300.
NM Stat § 3-35-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-7 - Lien for assessment; terms of payment.

The amount assessed, including all installment and interest and penalties, is a lien upon each tract or parcel from the time of the assessment and the lien is coequal with the lien of other taxes and prior and superior to all other liens, claims and titles. The governing body may provide for the time and terms of payment of the assessments, the rate of interest on deferred payments, not exceeding six percent a year, and it shall fix penalties for delinquent payments. No sale of the property to enforce any general taxes or other lien shall extinguish the perpetual lien of the assessment and the statute of limitations does not begin to run against the assessment until after the last installment becomes due. History: 1953 Comp., § 14-34-7, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For municipal liens, see 3-36-1 NMSA 1978 et seq.
NM Stat § 3-35-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-8 - Certificates of liability; description of property covered by assessment; bonds to pay cost of work; foreclosure of assessment lien.

A. The governing body may issue, in the name of the municipality, assignable certificates declaring the liability of the property for payment of the assessments, interest and penalties and fix the terms of the certificates. The certificates shall accurately describe the property covered by the assessment. The governing body may also issue bonds in such form as the governing body may determine in an amount not exceeding the total assessments levied to pay the cost of the work performed and equipment installed. B. Recitals in the bonds that the proceedings were regular and that all prerequisites to fixing the assessment lien against the property described have been performed are conclusive evidence of the facts recited. C. Within sixty days after publication of the assessing ordinance, the municipal clerk shall make, sign, seal and file for record with the county clerk a claim for lien for the unpaid amount assessed against each tract and parcel of land. When delinquent, the assessment may be foreclosed in the same manner as provided by law for foreclosure of mortgages on real estate. In the event of sale, the property may be bought by the municipality for the amount of the balance due on the assessment, principal, interest, penalties and costs if there is no other purchaser. History: 1953 Comp., § 14-34-8, enacted by Laws 1965, ch. 300; 1983, ch. 265, § 12.
NM Stat § 3-35-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 35 - Fire-Fighting Facilities|Section 3-35-9 - Interest on assessments; penalties after delinquency.

Assessments shall bear interest at the rate provided in the ordinance and from the date of the publication of the assessing ordinance until paid. The ordinance shall prescribe when the assessments become due and delinquent, and the penalties payable after delinquency. History: 1953 Comp., § 14-34-9, enacted by Laws 1965, ch. 300.
NM Stat § 3-36-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 36 - Municipal Liens|Section 3-36-2 - Effect of filing notice of lien.

After the filing of the notice of the lien in the office of the county clerk, the municipality shall have a lien upon the property described in the notice of lien. The filing of the notice of the lien shall be notice to all the world of the existence of the lien and of the contents of the notice of lien. No such lien shall affect the title or rights to or in any real estate, of any purchaser, mortgagee in good faith or judgment lien creditor, without knowledge of the existence of such lien, unless the notice of the lien is filed in accordance with Section 3-36-1 NMSA 1978 in the office of the county clerk of the county in which the real estate affected thereby is situated. All municipal liens filed in conformity with Sections 3-36-1 through 3-36-6 NMSA 1978 shall be first and prior liens on the property subject only to the lien of general state and county taxes. History: 1953 Comp., § 14-35-2, enacted by Laws 1965, ch. 300; 1981, ch. 213, § 4. ANNOTATIONSIf lien has not been recorded so as to give constructive notice, the question of actual notice is material. 1959 Op. Att'y Gen. No. 59-128.
NM Stat § 3-36-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 36 - Municipal Liens|Section 3-36-3 - Manner of releasing lien.

The municipal clerk may release a lien against any specific property by: A. entering and signing a receipt of payment upon the notice of lien filed in the office of the county clerk; or B. issuing a separate receipt which recites that payment of the lien with any accrued interest and penalty has been made. History: 1953 Comp., § 14-35-3, enacted by Laws 1965, ch. 300.
NM Stat § 3-36-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 36 - Municipal Liens|Section 3-36-4 - Municipal lien; foreclosure; joinder of defendants; contents of complaint; several judgment or decree; lien recitals as prima facie evidence; attorney fee.

A. The municipality or the holder of any lien may, in a single suit, foreclose the liens against all of the persons named in the notice of liens or against the property if the owners are unknown. The complaint filed by the municipality shall: (1) expressly name each defendant if known; (2) describe the property against which the lien is established; and (3) set forth the amount of the lien. B. The judgment or decree rendered in said cause shall be several against the named defendants and against the several properties for the amounts decreed to be due by each. A lien against real estate may be foreclosed in the same manner that mortgages or other liens against real estate are foreclosed with like rights of redemption. Lien against personal property may be foreclosed in the same manner security interests are foreclosed. At the trial of any case foreclosing any lien, the recitals of the lien or other evidence of indebtedness shall be received in evidence as prima facie true. In the foreclosure of any lien created by municipal ordinance or under authority of law, a reasonable attorney's fee shall be taxed by the court as part of the costs. History: 1953 Comp., § 14-35-4, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For foreclosure of mortgages, see 39-5-1 NMSA 1978 et seq. For secured transactions, remedies available upon default of debtor, see 55-9-501 NMSA 1978. Duty of city to foreclose lien for holders of certificates. — Limitations of statute did not prevent municipality from constituting itself as trustee or agent of certificate holders for purpose of making assessments, including enforcing and collecting assessments when authorized by statute, subject to constitutional and statutory limitations on exercise of this power. Conceding that city was authorized to foreclose liens for delinquent assessments, the same right and duty was imposed upon certificate holders. They had the duty to mandamus city to perform or to institute foreclosure proceedings. Purcell v. City of Carlsbad, 126 F.2d 748 (10th Cir. 1942). Dismissal as to some defendants. — A suit to foreclose certificates and paving liens against several defendants individually, as their interest appeared, could be dismissed as to some defendants and continued as to others, and appeal taken from such dismissal. City of Roswell v. Holmes, 1939-NMSC-034, 43 N.M. 303, 92 P.2d 889. Procedure to challenge amount of lien. — The procedures by which a city may attach and foreclose upon a lien do not provide a procedure to challenge the amount of the lien imposed. Henderson v. City of Tucumcari, 2005-NMCA-077, 137 N.M.709, 114 P.3d 389, cert. denied, 2005-NMCERT-006, 137 N.M. 766, 115 P.3d 229. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations § 1615.
NM Stat § 3-36-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 36 - Municipal Liens|Section 3-36-5 - Municipal lien; provisions supplementary to other methods of foreclosing liens.

The provisions of Sections 3-36-1 through 3-36-5 NMSA 1978, are intended to afford another and additional method of filing and enforcing municipal liens and are not intended to be construed as repealing any other method provided by law for the filing and foreclosure of liens. History: 1953 Comp., § 14-35-5, enacted by Laws 1965, ch. 300.
NM Stat § 3-36-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 36 - Municipal Liens|Section 3-36-7 - Application of proceeds from sale of property.

The proceeds of the sale of the property by the municipality pursuant to a foreclosure sale on a municipal lien under the provisions of Section 3-36-4 or 3-36-6 NMSA 1978 shall be applied as follows: A. first, to the payment of costs in giving notice of the sale and of conducting the sale; B. second, to the indebtedness claimed under the lien and thence to ad valorem taxes and other special assessments having a lien of the property which are coequal with the lien for ad valorem taxes; and C. third, after all such costs, liens, assessments and taxes are paid, to the former owner, mortgage holder or other parties having an interest in the tract or parcel, upon such person providing satisfactory proof to the court of such interest and upon approval of the court. History: 1978 Comp., § 3-36-7, enacted by Laws 1980, ch. 51, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 70A Am. Jur. 2d Special or Local Assessments §§ 183 to 186. Priority as between lien of taxes and lien of special assessments, 65 A.L.R. 1379. 63 C.J.S. Municipal Corporations §§ 1570, 1580.
NM Stat § 3-37-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 37 - Municipal Finances|Section 3-37-1 - Governing body is board of finance; duties of clerk and treasurer.

A. The governing body is the board of finance of the municipality and the members of the governing body shall serve without compensation additional to the compensation authorized by law for their services as members of the governing body. B. The municipal clerk shall: (1) serve as secretary to the board of finance; (2) keep a record of the proceedings of the board of finance which shall be a public record; and (3) convene a meeting of the board of finance whenever necessary or whenever requested to do so by any member of the board of finance. C. The municipal treasurer shall: (1) supervise the depositing and safekeeping of all money belonging to the municipality; and (2) with the advice and consent of the municipal board of finance, designate banks qualified to receive on deposit money entrusted to his care. History: 1953 Comp., § 14-36-1, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For division of financial control of state department of finance and administration, powers and duties, see 6-5-1 NMSA 1978 et seq. For local government division of state department of finance and administration, duties of local public bodies, see 6-6-1 NMSA 1978 et seq. For fiscal year designated, see 6-10-1 NMSA 1978. For deposit and investment of funds, see 6-10-10 NMSA 1978. For security for deposits, see 6-10-16 NMSA 1978 et seq. For interest rates and powers of state board of finance, see 6-10-30 NMSA 1978 et seq. For officials misusing funds, penalty, see 6-10-40 NMSA 1978. For deposit of funds with state treasurer to match allotments from public or private sources, see 6-10-45 NMSA 1978. For bribery of treasurers and employees, penalty, see 6-10-53 NMSA 1978. For the Warrant Cancellation Act, see 6-10-55 to 6-10-57 NMSA 1978. For loss or destruction of warrant or order for money, issuance of duplicate, see 6-10-59 and 6-10-60 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality of statute relieving officer or public depository or his surety from liability for loss of public funds, 38 A.L.R. 1512, 96 A.L.R. 295. Liability on bond for security of public funds deposited in banks as affected by form of transaction, or nature or validity of deposits, 65 A.L.R. 798. Invalid designation by another than depositing officer of depository for public funds as affecting liability of officer or his bond for loss thereof through failure of depository, 66 A.L.R. 1059. Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 93 A.L.R. 819, 155 A.L.R. 436. Termination of interest, or reduction of interest rate, on deposit of public funds, 107 A.L.R. 1210. Liability of public officer for interest or other earnings received on public money in his possession, 5 A.L.R.2d 257.
NM Stat § 3-37-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 37 - Municipal Finances|Section 3-37-2 - Finance; authorization.

The governing body shall: A. control the finances and property of the municipality; B. appropriate money for municipal purposes only; and C. provide for payment of debts and expenses of the municipality. History: 1953 Comp., § 14-36-2, enacted by Laws 1965, ch. 300. ANNOTATIONSPayment of tort judgment. — A city having authority to levy taxes and pay debts may be compelled by mandamus to pay a judgment for tort. Barker v. State ex rel. Napoleon, 1935-NMSC-067, 39 N.M. 434, 49 P.2d 246. Operation of fire department. — Inasmuch as the operation of a fire department is within the corporate purposes of the municipality, a municipality has authority to appropriate and budget necessary sums for that purpose from its general fund. If this were not possible, all municipalities would be relegated to operating volunteer fire departments. 1955 Op. Att'y Gen. No. 55-6164. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 579 to 591. Municipal funds and credits as subject to levy under execution or garnishment on judgment against municipality, 89 A.L.R. 863. Power of board or officials to depart from literal requirements in respect of deposits or loans of public funds in their control, 104 A.L.R. 623. 62 C.J.S. Municipal Corporations § 153.
NM Stat § 3-37-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 37 - Municipal Finances|Section 3-37-3 - Finance officer; duties; records open to inspection.

A. The treasurer shall be the finance officer for the municipality unless another officer is directed by ordinance to be the finance officer. The finance officer shall: (1) receive all money belonging to the municipality; (2) keep his accounts and records in the manner prescribed by the governing body; (3) keep the money of the municipality separate from any other money in his possession; (4) expend the money only as directed by the governing body; (5) submit monthly, or oftener if required by the governing body, a report of the receipts and expenditures of the municipality; and (6) prepare annually, at the close of the fiscal year, a financial report showing the receipts, expenditures and balances for each fund. A copy of the financial report shall be filed in the office of the municipal clerk as a public document. B. The records of the finance officer shall be open to inspection by any citizen during the regular business hours of the municipality. History: 1953 Comp., § 14-36-3, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For requirements for cash books for public money, see 6-10-2 NMSA 1978. For bonds of treasurers, see 6-10-38 NMSA 1978 et seq. For failure of local officer to account for money as cause for removal, see 10-4-2 NMSA 1978. Custody of funds. — An ordinance requiring a city treasurer to deposit city funds in his hands in banks qualified as provided by the ordinance, but not restricting payments by him of such moneys on his own checks, would not deprive him of the "custody" of such funds. Territory ex rel. City of Albuquerque v. Matson, 1911-NMSC-016, 16 N.M. 135, 113 P. 816. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 283. 62 C.J.S. Municipal Corporations § 545; 64 C.J.S. Municipal Corporations § 1880.