reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
The 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).
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, rewrote this section to the extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-31 - Improvement district; assessment funds; expenditures; misuse; penalties.

A. All money received by the municipality from any special assessment or assessment within an improvement district shall be held in a special fund and used to:
(1) pay the cost of the improvement for which the assessment was made;
(2) reimburse the municipality for any work performed by the municipality in constructing the improvement and for administrative costs associated with the improvement district; or
(3) pay the interest and principal due on any outstanding bonds or assignable certificates.
B. Any person who uses money in an improvement district fund other than as provided in this section is guilty of a felony and shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the state penitentiary for not more than two years or by both such fine and imprisonment in the discretion of the court.
History:
1953 Comp., § 14-32-24, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 21.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, in Subsection A, added "and for administrative costs associated with the improvement district" at the end of Paragraph (2), deleted "negotiable coupon" preceding "bonds" in Paragraph (3), and made a minor stylistic change.
Municipality must act as fiduciary.
— In dealing with the special fund, the municipality must act with all the care of a fiduciary. 1957 Op. Att'y Gen. No. 57-289.
Moneys collected may not be transferred for other uses
until and unless all bonds have been paid in full. 1955 Op. Att'y Gen. No. 55-6232.
Appropriate investment of the proceeds of special assessments,
held awaiting the time when they can be applied on account of the obligation of bonds thereby secured, violates neither the letter nor the spirit of this section. 1957 Op. Att'y Gen. No. 57-289.
Interest earned by invested proceeds.
— In the event that proper investment of the proceeds of special assessments should be made, the interest earned by such funds is to be viewed as belonging to the special fund in question, as an increment thereto, in the absence of a dispositive statutory provision. 1957 Op. Att'y Gen. No. 57-289.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Diversion, misappropriation or withholding of funds collected by and paid to municipality, on account of special assessments against property for improvements, liability of municipality because of, 107 A.L.R. 1354.
64 C.J.S. Municipal Corporations § 1884.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-32 - Transfer of improvement district funds.

The governing body may transfer to the general fund of the municipality any money obtained from the levy of an assessment for an improvement district if:
A. bonds or assignable certificates were issued to finance the improvement;
B. the proceeds of the bonds or assignable certificates were spent for the improvement;
C. the assessments were levied and collected for the payment of the bonds or assignable certificates; and
D. either the bondholders or assignable certificate holders are barred by the statute of limitations or a court judgment or decree from collecting the indebtedness; or
E. the bonded indebtedness or assignable certificates have been paid.
History:
1953 Comp., § 14-32-25, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 22.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, deleted "and" at the end of Subsections A and B and substituted "proceeds of" for "funds obtained by" in Subsection B.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-34 - Improvement district; reassessment; defects waived; credit for previous payment.

A. The fact that:
(1) the contract has been let;
(2) an improvement has been wholly or partially constructed;
(3) an omission, failure or neglect of the governing body or municipal officer to comply with the requirements of Sections 3-33-1 through 3-33-23 NMSA 1978; or
(4) any other matter whatsoever connected with the improvement or initial assessment is invalid, shall not invalidate or in any way effect the making of a reassessment as authorized in Section 3-33-33 NMSA 1978, and charging the benefited tract or parcel of land the cost of the improvement.
B. When the reassessment is complete, any money paid on the former attempted assessment against a tract or parcel of land shall be credited to the tract or parcel of land in partial or whole payment of the reassessment.
History:
1953 Comp., § 14-32-29, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-35 - Improvement district; notice of appeal; appeal to district court.

After an owner has filed a written objection with the municipal clerk to a reassessment as provided in Section 3-33-22 NMSA 1978 and the governing body has determined the reassessment, an owner of a tract or parcel of land that is reassessed may file a notice of appeal to the district court. The appeal shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 14-32-30, enacted by Laws 1965, ch. 300; 1998, ch. 55, § 11; 1999, ch. 265, § 11.
ANNOTATIONS
Cross references.
— For exclusive procedure for appeal of reassessment,
see
3-33-37 NMSA 1978.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63 C.J.S. Municipal Corporations § 1558.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-36 - Improvement district; payment of reassessment; continuing proceedings to collect assessment.

A. The governing body shall enforce payment of the reassessment of the tract or parcel of land benefiting from an improvement in the manner provided in Chapter 3, Article 33 NMSA 1978 for the enforcement of the original assessment.
B. If for any reason a reassessment is held to be invalid or uncollectible, the governing body shall continue to reassess the tract or parcel of land as provided in Sections 3-33-33 through 3-33-37 NMSA 1978 until the benefited tract or parcel of land has paid the cost of any improvement chargeable to the benefited tract or parcel of land.
History:
1953 Comp., § 14-32-31, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 24.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, substituted "Chapter 3, Article 33 NMSA 1978" for "Section 14-32-16 New Mexico Statutes Annotated, 1953 Compilation" in Subsection A and "3-33-33 through 3-33-37 NMSA 1978" for "14-32-28 through 14-32-32 New Mexico Statutes Annotated, 1953 Compilation" in Subsection B.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-37 - Improvement district; appeal of reassessment; procedure exclusive.

A. The rights and remedies granted in Section 3-33-22 NMSA 1978, to any owner who objects, contests or appeals the amount, correctness, regularity or validity of the reassessment:
(1) are declared to exclude any other right, remedy, suit or action either at law or in equity which might otherwise be available; and
(2) do afford the owner a sufficient day in court for the redressing of all rights and grievances that he may have in connection with the reassessment.
B. Any person who fails to file an objection to a reassessment in the manner provided in Section 3-33-22 NMSA 1978, or fails to appeal to the district court in the manner provided in Section 3-33-35 NMSA 1978, is forever absolutely barred from objecting to or contesting the amount, correctness, regularity or validity of the reassessment.
History:
1953 Comp., § 14-32-32, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-38 - Improvement district; application of reassessment fund to outstanding indebtedness.

A. Whenever a municipality has:
(1) issued bonds or assignable certificates to obtain money to pay for an improvement that has been constructed; and
(2) reassessed the tract or parcel of land benefiting from the improvement as provided in Sections 3-33-32 through 3-33-35 NMSA 1978, the municipality shall apply all money received from the payment of the reassessment to the payment of the bonds or assignable certificates.
B. Bonds or assignable certificates that have been issued to obtain money to pay for any improvement that has been constructed are:
(1) valid and binding obligations of the municipality; and
(2) payable from the payments received from any reassessment that shall be levied until all obligations of indebtedness of the improvement have been paid in full.
History:
1953 Comp., § 14-32-33, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 25.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, deleted "negotiable coupon" preceding "bonds" in three places; substituted "3-33-32 through 3-33-35 NMSA 1978" for "14-32-25 through 14-32-30 New Mexico Statutes Annotated, 1953 Compilation" in Paragraph (2) of Subsection A; and made minor stylistic changes in Subsection B.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-39 - Improvement district; definition of "bonds"; refunding improvement bonds; authority.

A. As used in this section and in Sections 3-33-40 through 3-33-42 NMSA 1978, "bonds", when not modified by the word "refunding", includes assignable certificates.
B. The governing body may issue refunding improvement district bonds to refund all or any part of outstanding improvement district bonds. Refunding bonds may be issued:
(1) to change the payment schedule for the bonds;
(2) to fund principal and interest due on bonds that are in default, or for which there is not and, in the opinion of the governing body, will not be sufficient money available to pay the principal and interest when due;
(3) to reduce interest costs on the bonds or on the assessments providing security for the bonds or to provide other savings;
(4) to modify or eliminate restrictive or burdensome contractural [contractual] limitations concerning the bonds;
(5) to provide enhanced or substitute security for the bonds; or
(6) to provide for any other reasonable and necessary purpose or any combination of the foregoing purposes.
History:
1953 Comp., § 14-32-34, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 1991 amendment,
effective April 4, 1991, inserted "definition of 'bonds" in the catchline and rewrote the section which read "Whenever there is not, and it is certain there will not be, sufficient money in an improvement district fund to pay the principal and interest due on the improvement district bonds, the governing body may issue refunding improvement district bonds. If there is not sufficient money in an improvement district fund to pay in full the improvement district bonds that have matured, the governing body shall issue refunding improvement district bonds to pay the interest and principal on the improvement district bonds".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Special assessment bonds, power of municipality to refund, 102 A.L.R. 202.
64 C.J.S. Municipal Corporations § 1910.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-41 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.

A. The ordinance authorizing the issuance of refunding bonds for an improvement district shall describe the:
(1) details of the issue;
(2) form of the refunding bonds and interest coupons, if any;
(3) fund from which the principal and interest of the refunding bonds will be paid; and
(4) manner in which the bonds are to be issued.
B. The refunding bonds may:
(1) be issued in an amount less than, equal to or greater than the principal amount of improvement district bonds being refunded;
(2) not bear a rate of interest greater than the rate of interest borne by the assessments providing security for the refunding bonds if secured by assessments;
(3) become due and payable in regular numerical order;
(4) not be issued for a period of more than twenty years from the date of issuance; and
(5) be payable from substitute security or from the same funds that were applicable to the payment of the bonds being refunded.
C. The refunding bonds may be:
(1) sold at a public or private sale at a discount; or
(2) exchanged, dollar for dollar, for the improvement district bonds being refunded.
History:
1953 Comp., § 14-32-36, enacted by Laws 1965, ch. 300; 1983, ch. 265, § 9; 1991, ch. 199, § 28.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, in Subsection B, substituted "may" for "shall" at the end of the introductory phrase, "be issued in an amount less than, equal to or greater than the principal amount of" for "not be issued in an amount greater than the principal and accrued interest due on the" in Paragraph (1), and "assessments providing security for the refunding bonds if secured by assessments" for "bonds being refunded" in Paragraph (2), and inserted "substitute security or from" in Paragraph (5) and, in Subsection C, substituted "a public or private sale at a discount" for "not less than par" in Paragraph (1) and deleted a sentence at the end of Paragraph (2) which read "If the refunding bonds are exchanged for the bonds being refunded, the lower numbered refunding bonds shall be exchanged for the lower numbered bonds being refunded so that the bondholder shall have relatively the same position in the refunding issue as he had in the outstanding bonds prior to the refunding".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-42 - Improvement district; payment of assessment for refunding bond; maximum term; interest; prepayment; liens.

A. In connection with issuance of refunding bonds as provided in Sections 3-33-39 through 3-33-42 NMSA 1978, the governing body may, by ordinance, provide that any unpaid assessment and accrued interest on the assessment shall be paid in not more than twenty years with interest at a rate of interest not less than the rate borne by the refunding bonds and with the penalties as lawfully attached to the original assessment. The owner of a tract or parcel of land that is assessed may at any time pay the assessment in full with interest to the time of payment.
B. The assessment may be collected as provided in Section 3-33-23 NMSA 1978, and the refunding bonds may be secured and enforced as the original lien was established as provided in Section 3-33-23 NMSA 1978.
History:
1953 Comp., § 14-32-37, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 29.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, substituted "may" for "shall" in three places; in the first sentence in Subsection A, substituted "3-33-39 through 3-33-42 NMSA 1978" for 14-32-35 through 14-32-37 New Mexico Statutes Annotated, 1953 Compilation" and "twenty years with interest at a rate of interest not less than the rate borne" for "twenty equal annual or forty semiannual installments with interest at the rate of interest borne"; substituted "3-33-23 NMSA 1978" for "14-32-16 New Mexico Statutes Annotated, 1953 Compilation" in two places in Subsection B; and made minor stylistic changes in Subsection A.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-43 - Improvement district; construction of Sections 3-33-39 through 3-33-42 NMSA 1978.

Nothing contained in Sections 3-33-39 through 3-33-42 NMSA 1978 shall be construed as:
A. increasing the burden or liability of any tract or parcel of land or the owner of any tract or parcel of land; or
B. except for issuance of the refunding bonds, creating any additional liability of the municipality.
History:
1953 Comp., § 14-32-38, enacted by Laws 1965, ch. 300; 1991, ch. 199, § 30.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, substituted "3-33-39 through 3-33-42 NMSA 1978" for "14-32-35 through 14-32-37 New Mexico Statutes Annotated, 1953 Compilation" in the catchline and in the introductory paragraph; redesignated former Paragraphs (1) and (2) of former Subsection A as Subsections A and B; added "except for issuance of the refunding bonds" at the beginning of Subsection B; deleted former Subsection B which read "The issuance of the refunding bonds shall not give any bondholder any greater right than he had prior to the refunding. The owners and holders of refunding bonds shall be subrogated to all the rights and remedies possessed by the owner and holders of the bonds refunded"; and made a related stylistic change.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 34 - Street Improvement Fund › Section 3-34-1 - Street improvement fund authorization.

The governing body of any municipality may, by ordinance, establish a "street improvement fund" into which may be placed all or any part of the distributions of the amounts of tax revenues distributed to the municipality under the provisions of Section 7-1-6.9 NMSA 1978 as the governing body has, in any ordinance, determined necessary for use as a fund in the financing of street improvement projects within the municipality.
History:
1953 Comp., § 14-33-1, enacted by Laws 1965, ch. 300; 1967, ch. 170, § 1; 1977, ch. 342, § 1; 1983, ch. 211, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63 C.J.S. Municipal Corporations §§ 1042 to 1047.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 34 - Street Improvement Fund › Section 3-34-2 - Street improvement fund; use.

Bonds or assignable certificates authorized in Section 3-33-24 NMSA 1978 for the construction of a street, alley, curb, gutter or sidewalk project may be purchased by the street improvement fund; provided that the bonds or assignable certificates shall be held in trust by the municipal treasurer, and any receipts from the sale of the bonds or assignable certificates or from the payment of the assessment made to pay the interest and principal of the bonds or assignable certificates shall be credited to the street improvement fund.
History:
1953 Comp., § 14-33-2, enacted by Laws 1965, ch. 300; 1983, ch. 265, § 10.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 34 - Street Improvement Fund › Section 3-34-3 - Street improvement fund; repurchasing bonds or certificates; pledging income.

A. The governing body may, by ordinance approved by three-fourths of all the members of the governing body and irrepealable during the term of the contract and for a period not exceeding twenty-one years, contract:
(1) to repurchase bonds or assignable certificates authorized in Section 3-33-24 NMSA 1978 for the construction of a street, alley, curb, gutter or sidewalk project with the money in the street improvement fund; or
(2) to pledge the income of the street improvement fund to pay the interest and principal of bonds or assignable certificates when default in payment may occur by reason of nonpayment of any assessment levied for the payment of a street, alley, curb, gutter or sidewalk project authorized in Section 3-33-3 NMSA 1978.
B. The municipality may anticipate the annual income to be received by the street improvement fund. The amount contracted or pledged to be expended each year as authorized in this section shall not exceed the amount that is accumulated in the street improvement fund.
C. The ordinance authorized in this section shall state that:
(1) all disbursements made pursuant to the contract shall be paid solely from the street improvement fund and from no other source;
(2) the obligations created by the contract are not general obligations of the municipality; and
(3) the contracting parties may not look to any other fund for the performance of the contractual obligation.
D. In the event of disbursement from the street improvement fund pursuant to the obligations created by the contract, the municipality shall be subrogated for the benefit of the street improvement fund to all the rights and remedies of the holders of the securities upon which payment is made.
History:
1953 Comp., § 14-33-3, enacted by Laws 1965, ch. 300; 1977, ch. 247, § 140; 1979, ch. 108, § 3; 1983, ch. 265, § 11; 1987, ch. 220, § 1.
ANNOTATIONS
Consideration of proposal by state board of finance.
— When the state board of finance considers a proposal for pledge of the proceeds of the gasoline tax to secure street improvement bonds, the board is not required to consider the entire proposal to which the pledge relates. 1958 Op. Att'y Gen. No. 58-178.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 C.J.S. Municipal Corporations § 1899.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 34 - Street Improvement Fund › Section 3-34-4 - Street improvement fund; diverting proceeds from tax.

After the adoption of the ordinance creating a contract as authorized in Section 3-34-3 NMSA 1978, and so long as the contract is effective, it is unlawful:
A. to, directly or indirectly, divert any such amounts of tax revenue directed to be credited to the street improvement fund; and
B. without the written approval of the secretary of finance and administration, for the governing body or any municipal employee to expend any money from the street improvement fund for any purpose other than the performance of the contract.
History:
1953 Comp., § 14-33-4, enacted by Laws 1978, ch. 51, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 51, § 1, repealed 14-33-4, 1953 Comp. (former 3-34-4 NMSA 1978), relating to diverting proceeds of tax from street improvement fund, and enacted a new section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 34 - Street Improvement Fund › Section 3-34-5 - Saving clause.

The provisions of Sections 3-34-1 through 3-34-4 NMSA 1978 remain in force and apply to obligations issued pursuant thereto prior to July 1, 1967. Distributions of motor fuel excise tax and special fuels use tax revenues to municipalities under the provisions of Section 7-13-9 NMSA 1978 [repealed] replace all gasoline and motor fuel license taxes formerly authorized to be imposed by Sections 14-38-1 through 14-38-4 NMSA 1953 (being Laws 1965, Chapter 300, Sections 14-38-1 through 14-38-4, repealed by Laws 1967, Chapter 170, Section 13). Any irrevocable pledge of municipal revenues effected prior to July 1, 1967, by any municipality under the provisions of Section 3-34-4 NMSA 1978 or Sections 14-38-1 through 14-38-4 NMSA 1953 (being Laws 1965, Chapter 300, Sections 14-38-1 through 14-38-4, repealed by Laws 1967, Chapter 170, Section 13) apply to the aforesaid distributions of motor fuel excise tax and special fuels use tax revenues to the municipality.
History:
1953 Comp., § 14-33-5, enacted by Laws 1967, ch. 170, § 2; 1977, ch. 342, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law. Laws 1983, ch. 211, § 42 repealed 7-13-9 NMSA 1978, effective July 1, 1983. For present comparable provisions,
see
7-1-6.9 NMSA 1978.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross references.
— For definition of "publish" or "publication,"
see
3-1-2 NMSA 1978.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.