reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-4 - Designation of enterprise zones; revocation of designation.

A. No area shall be designated an enterprise zone until the local government has promulgated an ordinance governing:
(1) the parameters relating to the size and population characteristics of an enterprise zone; and
(2) the contents of an enterprise zone plan.
B. The local government may designate an enterprise zone by duly enacted resolution on or after January 1, 1994.
C. The designation by the local government of an area as an enterprise zone shall remain in effect from the date of the designation until the earliest of:
(1) December 31 of the fifteenth calendar year following the year in which the designation was made;
(2) the termination date specified in the designating resolution; or
(3) the date upon which the local government revokes the designation pursuant to Subsection D of this section.
D. The local government may revoke the designation of an area as an enterprise zone if it determines after notice and a public hearing that the operation and administration of the enterprise zone is not in substantial compliance with the law, ordinance, resolution or the approved enterprise zone plan for that enterprise zone.
E. The secretary of economic development shall have the authority to make performance audits at any time of any designated enterprise zone to determine whether the enterprise zone is in compliance with the Enterprise Zone Act, local zone ordinances, resolutions, joint powers agreements and the enterprise zone plan. If an enterprise zone is determined to be out of compliance, the secretary may immediately revoke the designation of the area as an enterprise zone.
F. Automatic state revocation shall be made by the secretary of economic development if the annual reporting requirements required in Section 8 [5-9-8 NMSA 1978] of the Enterprise Zone Act are not made.
G. If state revocation of an enterprise zone occurs, the local government responsible for the enterprise zone loses its right to designate successor enterprise zones for forty-eight months after the date of the secretary's revocation letter to the local government, and:
(1) all tax increment financing agreements and tax credits then in force shall cease at the end of the calendar year in which revocation occurred; and
(2) all accumulated money in the enterprise zone fund of the revoked enterprise shall revert back proportionately to the units of government originally impacted by the tax increment authorization agreement.
History:
Laws 1993, ch. 33, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-6 - Enterprise zone plan; incentives and initiatives.

A. The enterprise zone plan shall include:
(1) a map of the enterprise zone;
(2) a narrative describing how the enterprise zone will eliminate economic distress in the enterprise zone;
(3) a description of local incentives and initiatives to be implemented in the enterprise zone;
(4) the concurrences of any other local government or nongovernmental entity involved in providing local incentives and initiatives;
(5) the termination date for the enterprise zone;
(6) a listing of properties within the enterprise zone to which the tax increment procedures authorized by the Enterprise Zone Act are to be applied;
(7) a boundary description of the enterprise zone;
(8) a list of street addresses contained in the enterprise zone; and
(9) any other information the local government requires by ordinance to be included in the plan.
B. The local incentives and initiatives to be implemented may use local funds and, to the extent permitted by law, funds from federal or state programs and may include:
(1) a reduction of taxes or fees applying within the enterprise zone when the reduction is permitted by law;
(2) programs to increase the level of efficiency of local services provided within the enterprise zone;
(3) preferences to be granted to businesses operating within the enterprise zone;
(4) mechanisms to increase the equity ownership of residents and employees of businesses operating within the enterprise zone; and
(5) methods to involve private entities, organizations, neighborhood associations and community groups in the enterprise zone.
C. At any time after an enterprise zone is designated, the local government may change the enterprise zone plan after public hearing on the proposed changes.
History:
Laws 1993, ch. 33, § 6.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-7 - Administration.

The local government that created the enterprise zone shall organize, coordinate and direct the administration of the enterprise zone in accordance with law, applicable ordinances, resolutions, any joint powers agreements and the enterprise zone plan. It may enter into a contract with an appropriate organization to provide the management of the activities of the zone. The local government is solely responsible for meeting the reporting requirements listed in Section 8 [5-9-8 NMSA 1978] of the Enterprise Zone Act.
History:
Laws 1993, ch. 33, § 7.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-8 - Evaluation and reporting requirements.

The local government that designated an enterprise zone shall make an annual progress report to the secretary of economic development due on the second Friday of January in the next calendar year including the following:
A. the number of new jobs created within the enterprise zone;
B. the percentage of jobs filled by economically disadvantaged workers and the percentage of long-term unemployed workers within the enterprise zone;
C. the local and private entity commitments and degree of compliance;
D. compliance with the enterprise zone plan;
E. the impact of the creation of the enterprise zone on the level of distress in the zone; and
F. new dollar investments in the enterprise zone for new or expanded business opportunities.
History:
Laws 1993, ch. 33, § 8.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-9 - State agency cooperation; business incentives.

A. State agencies shall cooperate with, assist, and where possible, give preference in selection to a business located within an enterprise zone for any statutorily authorized state-administered grant and loan programs including, but not limited to, investments and loans through the severance tax permanent fund at market rates, in-plant training program instruction and job training through the federal Job Training Partnership Act, matching funds through community development block grants and such other incentives that are or become available through the economic development department or through any other sources at the state level.
B. The economic development department shall conduct workshops throughout the state for the purpose of explaining the provisions of the Enterprise Zone Act to local governments.
History:
Laws 1993, ch. 33, § 9.
ANNOTATIONS
Cross references.
— For the federal Job Training Partnership Act,
see
29 USCS § 1501.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-10 - Tax increment method of financing.

A. Effective for property tax years beginning on or after January 1, 1994, the local government administering an enterprise zone may elect by resolution to use the tax increment procedures set forth in Section 11 [5-9-11 NMSA 1978] of the Enterprise Zone Act for financing enterprise zone projects. Such procedures may be used in addition to or in conjunction with other methods provided by law for financing such projects.
B. The tax increment method of financing enterprise zone projects is the dedication for further use in enterprise zone projects of that increase in property tax revenue directly resulting from the increased net taxable value of a parcel of project property attributable to its rehabilitation, redevelopment or other improvement because of its inclusion within an enterprise zone project.
History:
Laws 1993, ch. 33, § 10.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-12 - Enterprise zone fund; creation; use.

A. Every local government administering an enterprise zone shall create an "enterprise zone fund" for purposes of the Enterprise Zone Act.
B. Enterprise zone fund proceeds shall be used by a local government administering an enterprise zone to acquire property within the enterprise zone, prepare property for redevelopment, provide necessary infrastructure improvements, pay all necessary related expenses to redevelop and finance enterprise zone projects and fund the administration of the enterprise zone in an amount not to exceed ten percent of the funds available annually. None of the proceeds shall be used for the construction of buildings or other improvements that are not owned by a local government participating in an enterprise zone.
History:
Laws 1993, ch. 33, § 12.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-13 - Tax increment method approval.

The tax increment method shall be used only upon prior approval by a majority of the units of government participating in property tax revenue derived from property within an enterprise zone project. The local government administering the enterprise zone shall request in writing such approval for a period of no more than five years for property included in the tax increment funding. The governing body of each other participating unit shall approve or disapprove by ordinance or resolution the use of the method for their respective units. All participating units shall notify the local government seeking approval within thirty days of receipt of the request. Upon approval by a majority of the participating units of the tax increment method of financing, it shall be deemed approved for the period requested.
History:
Laws 1993, ch. 33, § 13.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-14 - Tax increment method; base value for distribution.

If the tax increment method of financing enterprise zone projects is used, the base value shall be the value used in calculating the limit of general obligation indebtedness imposed by the constitution of New Mexico and the statutes of New Mexico.
History:
Laws 1993, ch. 33, § 14.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-15 - Regulations.

The secretary of finance and administration and the secretary of taxation and revenue are authorized to promulgate such rules and regulations necessary for the proper administration of Sections 10 through 14 [5-9-10 to 5-9-14 NMSA 1978] of the Enterprise Zone Act.
History:
Laws 1993, ch. 33, § 15.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-1 - Short title.

Chapter 5, Article 10 NMSA 1978 may be cited as the "Local Economic Development Act".
History:
Laws 1993, ch. 297, § 1; 2016, ch. 14, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1993, ch. 297, § 16 made the Local Economic Development Act effective upon the certification of a proposed amendment (Laws 1993, H.J.R. No. 12) to Article 9, Section 14 of the constitution of New Mexico. The amendment was adopted at a general election on November 8, 1994 and certified by the secretary of state on November 29, 1994.
The 2016 amendment,
effective May 18, 2016, changed "This act" to "Chapter 5, Article 10 NMSA 1978".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-2 - Findings and purpose of act.

A. The legislature finds that:
(1) development of the New Mexico economy is vital to the well-being of the state and its residents;
(2) it is difficult for municipalities and counties in New Mexico to attract and retain businesses capable of enhancing the local and state economy without the resources necessary to compete with other states and locales;
(3) municipalities and counties may need to be able to provide land, buildings and infrastructure as a tool for basic business growth and the introduction of basic business ventures into the state;
(4) it is in the best interest of the state, municipalities and counties to encourage local or regional solutions to economic development; and
(5) the access to public resources needs to be carefully controlled and managed for the continued and future benefit of New Mexico citizens.
B. The purpose of the Local Economic Development Act is to implement the provisions of the 1994 constitutional amendment to Article 9, Section 14 of the constitution of New Mexico to allow public support of economic development to foster, promote and enhance local economic development efforts while continuing to protect against the unauthorized use of public money and other public resources. Further, the purpose of that act is to allow municipalities and counties to enter into joint powers agreements to plan and support regional economic development projects, including investments in arts and cultural districts created pursuant to the Arts and Cultural District Act [15-5A-1 to 15-5A-7 NMSA 1978].
History:
Laws 1993, ch. 297, § 2; 2007, ch. 160, § 8.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, provided that a purpose of the Local Economic Development Act was to permit municipalities and counties to support arts and cultural districts created pursuant to the Arts and Cultural District Act.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-5 - Economic development department; technical assistance.

At the request of a local or regional government, the department shall provide technical assistance in the development of an economic development plan or economic development project or technical assistance to cultural facilities with respect to economic development projects.
History:
Laws 1993, ch. 297, § 5; 2007, ch. 160, § 11.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, required the economic development department to provide technical assistance to cultural facilities with respect to economic development projects.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-7 - Regional plans; joint powers agreement; regional government.

A. Two or more municipalities, two or more counties or one or more municipalities and counties may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] to develop a regional economic development plan, which may consist of existing local plans. The parties to the agreement shall be deemed a regional government for the purposes of the Local Economic Development Act.
B. The joint powers agreement shall require that the governing body of each local government approve public support for each economic development project. The agreement may also provide for appointment of a project manager who shall be responsible for the management of projects and project funds. The agreement may provide for a regional body consisting of representatives from the governing bodies of each local government that is a party to the agreement and may determine the powers and duties of that body in implementing the regional government's plan and providing public support for projects.
History:
Laws 1993, ch. 297, § 7; 2021, ch. 3, § 4.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, revised the criteria for joint powers agreements to develop regional economic development plans between local governments to include language related to public support for economic development projects; and in Subsection B, after "local government approve", added "public support for", and after "regional government's plan and", added "providing public support for".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-8 - Applications for public support.

A. After the adoption of an economic development plan by a local or regional government, a qualifying entity shall submit to the local or regional government an application for public support of a qualifying entity's economic development project.
B. The application shall be on a form and require such information as the local or regional government deems necessary.
History:
Laws 1993, ch. 297, § 8; 2021, ch. 3, § 5.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, added language related to public support for qualifying entities' economic development projects; in the section heading, deleted "economic development project", and added "for public support"; and in Subsection A, after "local or regional government an", deleted "economic development project", and after "application", added "for public support of a qualifying entity's economic development project".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-9 - Project evaluation; department.

A. The local or regional government shall review each application for public support submitted pursuant to Section 5-10-8 NMSA 1978, and any public support shall be approved by ordinance.
B. The local or regional government's evaluation of an application shall be based on the provisions of the economic development plan, the financial and management stability of the qualifying entity, the demonstrated commitment of the qualifying entity to the community, a cost-benefit analysis of the project and any other information the local or regional government believes is necessary for a full review of the economic development project application.
C. The local or regional government may negotiate with a qualifying entity on the type or amount of public support to be provided or on the scope of the economic development project.
History:
Laws 1993, ch. 297, § 9; 2007, ch. 160, § 13; 2021, ch. 3, § 6.
ANNOTATIONS
Cross references.
— For the definition of a "qualifying entity",
see
5-10-3 NMSA 1978.
The 2021 amendment,
effective July 1, 2021, added language related to public support for economic development projects; in Subsection A, after "shall review each", deleted "project", after "application", added "for public support submitted pursuant to Section 5-10-8 NMSA 1978", and after "and", deleted "projects" and added "any public support"; and in Subsection C, after "type or amount of", deleted "assistance" and added "public support".
The 2007 amendment,
effective July 1, 2007, amended Subsection C to permit a local or regional government to negotiate with a qualifying entity.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-11 - Project revenues; special fund; annual audit.

A. Local or regional government revenues dedicated or pledged for public support for economic development projects shall be deposited in a separate account. Separate accounts shall be established for each separate project. Money in the special account shall be expended only for economic development project purposes, which may include the payment of necessary professional services contract costs.
B. In the case of a regional government, revenues of each local government dedicated or pledged for economic development purposes shall be deposited in a special account of that local government and may be expended only by that local government as provided by the regional government's economic development plan and joint powers agreement.
C. The local or regional government shall provide for an annual independent audit in accordance with the Audit Act [12-6-1 to 12-6-15 NMSA 1978] of each special fund and project account. The audit shall be submitted to the local or regional government. The audit is a public record.
History:
Laws 1993, ch. 297, § 11; 2021, ch. 3, § 7.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, added language related to public support for economic development projects; and in Subsection A, after "pledged for", deleted "funding or financing of" and added "public support for".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-12 - Plan and project termination.

A. At any time after approval of an economic development plan, the governing body of the local government or the governing body of each local government in a regional government may enact an ordinance terminating the economic development plan and dissolving or terminating any or all public support for economic development projects. An ordinance repealing an economic development plan shall not be effective unless the ordinance provides for satisfying existing contracts and the rights of the parties arising from those contracts.
B. Any unexpended and unencumbered balances remaining in any project fund or account upon repeal of a plan and termination of public support for or dissolution of a project may be transferred to the general fund of the local government holding the fund or account. In the case of funds or accounts of a regional government, the unexpended and unencumbered balances shall be divided among the local governments as provided in the joint powers agreement.
History:
Laws 1993, ch. 297, § 12; 2021, ch. 3, § 8.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, added language related to public support for economic development projects; in Subsection A, after "any or all", added "public support for economic development"; and in Subsection B, after "and termination", added "of public support for".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-13 - Limitations.

Nothing in the Local Economic Development Act shall be construed to affect any other requirements of the constitution or other laws regarding local government debt, issuance of bonds, use of tax revenues or the grant, lease or sale of land or other property.
History:
Laws 1993, ch. 297, § 13.
ANNOTATIONS
Severability.
— Laws 1993, ch. 297, § 14 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 10 - Local Economic Development › Section 5-10-14 - Local Economic Development Act fund.

A. The "Local Economic Development Act fund" is created in the state treasury. Income from the fund shall be credited to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. The department shall administer the fund, and money in the fund is appropriated to the department to pay the cost of administering the fund and for economic development projects pursuant to the Local Economic Development Act. Money in the fund shall be expended on warrants of the department of finance and administration pursuant to vouchers signed by the secretary of economic development.
B. The following may be used to provide public support for certain economic development projects of qualifying entities pursuant to Section 2 [5-10-17 NMSA 1978] of this 2021 act and shall be separately accounted for in the fund:
(1) fifty percent of the tax revenue attributable to the state gross receipts tax and the state compensating tax, as determined pursuant to Subsection A of Section 2 of this 2021 act, and distributed pursuant to Subsection A of Section 5 [7-1-6.67 NMSA 1978] of this 2021 act; and
(2) that portion of the tax revenue attributable to the local option gross receipts tax and county compensating tax imposed by a county and local option gross receipts tax and municipal compensating tax imposed by a municipality dedicated pursuant to Subsection B of Section 2 of this 2021 act and distributed pursuant to Subsection B of Section 5 of this 2021 act.
History:
Laws 2020, ch. 74, § 1; 2021, ch. 3, § 9; 2021 (1st S.S.), ch. 2, § 1.
ANNOTATIONS
The 2021 (1st S.S.) amendment,
effective April 7, 2021, provided that a portion of state and local gross receipts and compensating tax revenue imposed on certain economic development projects may be provided as public support for certain projects pursuant to the Local Economic Development Act; and added Subsection B.
The 2021 amendment,
changed the name of the "Local and Regional Economic Development Support Fund" to the "Local Economic Development Act Fund", deleted language related to the source of money credited to the fund, and revised the permitted uses of the fund; in the section heading, after "Local", deleted "and regional" and deleted "support" and added "act"; deleted "The fund consists of gifts, grants, donations and bequests made to the fund and appropriations made to the department for projects pursuant to the Local Economic Development Act", after "administering the fund and for", deleted "participation in local and regional", and after "economic development projects", deleted "as determined by the department" and added "pursuant to the Local Economic Development Act".
Laws 2021, ch. 3, § 9, effective July 1, 2021, and Laws 2021 (1st S.S.), ch. 2, § 1, effective April 7, 2021, both enacted amendments to this section. The section was set out as amended by Laws 2021 (1st S.S.), ch. 2, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-1 - Short title.

Chapter 5, Article 11 NMSA 1978 may be cited as the "Public Improvement District Act".
History:
Laws 2001, ch. 305, § 1; 2013, ch. 45, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, added the NMSA chapter and article for the Public Improvement District Act; and at the beginning of the sentence, deleted "Sections 1 through 27 of this act" and added "Chapter 5, Article 11 NMSA 1978".
Applicability.
— Laws 2013, ch. 45, § 12 provided that the provisions of Laws 2013, ch. 45, §§ 1 through 4 and 6 through 10, do not apply to an application for formation of a public improvement district submitted to a governing body prior to January 1, 2014.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-7.1 - Posting of notices.

For any election conducted pursuant to the Public Improvement District Act, in addition to the notice requirements set forth in Section 5-11-7 NMSA 1978, the owners shall ensure that notices shall be posted in three conspicuous public places within the boundaries of the district not less than twenty days before the first day for voting in the election.
History:
Laws 2019, ch. 212, § 274.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-12 - Records; board of directors; open meetings.

A. The district shall keep the following records, which shall be open to public inspection:
(1) minutes of all meetings of the district board;
(2) all resolutions;
(3) accounts showing all money received and disbursed;
(4) the annual budget; and
(5) all other records required to be maintained by law.
B. The district board shall appoint a clerk and treasurer for the district.
History:
Laws 2001, ch. 305, § 12.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-13 - Change in district boundaries or general plan.

A. Following formation of the district, an area may be deleted from the district only following a hearing on notice to the owners of land in the district given in the manner prescribed for the formation hearing, adoption of a resolution of intention to do so by the district board, a determination by the owners and voter approval by the qualified electors as provided in the local [Local] Election Act [Chapter 1, Article 22 NMSA 1978] and the Public Improvement District Act. Lands within the district that are subject to the lien of property taxes, special levies or other charges imposed pursuant to the Public Improvement District Act shall not be deleted from the district while there are bonds outstanding that are payable by such taxes, special levies or charges.
B. Following formation of the district, an area may be added to the district upon a determination by the owners of land in the proposed addition area and the approval of the qualified electors residing therein, as well as a determination by the owners of land in the district and approval of the qualified electors of the district, as provided in the Local Election Act and the Public Improvement District Act.
C. The district board, following a hearing on notice to the owners of real property located in the district given in the manner prescribed for the formation hearing, may amend the general plan in any manner that it determines will not substantially reduce the benefits to be received by any land in the district from the public infrastructure on completion of the work to be performed under the general plan. No election shall be required solely for the purposes of this subsection.
History:
Laws 2001, ch. 305, § 13; 2019, ch. 212, § 196.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided that changes in district boundaries shall comply with provision of the Local Election Act; in Subsection A, after "as provided in", deleted "Sections 6 and 7 of the Public Improvement District Act" and added "the Local Election Act and the Public Improvement District Act"; and in Subsection B, after "qualified electors", deleted "in the same manner as required for the formation of a district" and added "of the district, as provided in the Local Election Act and the Public Improvement District Act".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-15 - Other districts or improvements.

The formation of a district pursuant to the Public Improvement District Act shall not prevent the subsequent establishment of similar districts or the improvement or assessment of land in the district by the municipality or county or the exercise by the municipality or county of any of its powers on the same basis as on all other land in its corporate boundaries.
History:
Laws 2001, ch. 305, § 15.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-17 - Finances.

The projects to be constructed or acquired as shown in the general plan may be financed from the following sources of revenue:
A. proceeds received from the sale of bonds of the district;
B. money of the municipality or county contributed to the district;
C. annual property taxes or special levies;
D. state or federal grants or contributions;
E. private contributions;
F. user, landowner and other fees and charges;
G. proceeds of loans or advances; and
H. any other money available to the district by law.
History:
Laws 2001, ch. 305, § 17.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-18 - Recording documents.

A. The district shall file and record with the county clerk the resolution ordering formation of the district, the general plan of the district and the canvass of any general obligation bond election.
B. Upon formation of a district, and within thirty days before June 1 and December 1 of each year, a district shall file and record with the county clerk the notice requirements described in Subsection A of Section 11 [5-11-18.1 NMSA 1978] of this 2013 act and include contact information for the district board.
History:
Laws 2001, ch. 305, § 18; 2013, ch. 45, § 7.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required a public improvement district to file and record with the county clerk notice of obligations to purchasers; and added Subsection B.
Applicability.
— Laws 2013, ch. 45, § 12 provided that the provisions of Laws 2013, ch. 45, §§ 1 through 4 and 6 through 10, do not apply to an application for formation of a public improvement district submitted to a governing body prior to January 1, 2014.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-21 - Revenue bonds; fees and charges.

A. At any time after the hearing on formation of the district, the district board may hold a hearing on the question of authorizing the district board to issue one or more series of revenue bonds of the district to provide money for any public infrastructure purposes consistent with the general plan.
B. If revenue bonds are approved by resolution, the district board may issue and sell revenue bonds of the district.
C. The revenue bonds may be sold in a public offering or in a negotiated sale; however, if the bonds are to be sold in a public offering, no revenue bonds may be issued by the district unless the revenue bonds receive one of the four highest investment grade ratings by a nationally recognized bond rating agency.
D. The district board may pledge to the payment of its revenue bonds any revenues of the district or revenues to be collected by the municipality or county in trust for the district and returned to the district.
E. The district shall prescribe fees and charges, and shall revise them when necessary, to generate revenue sufficient, together with any money from the sources described in Section 17 [5-11-17 NMSA 1978] of the Public Improvement District Act, to pay when due the principal and interest of all revenue bonds for the payment of which revenue has been pledged. The establishment or revision of any rates, fees and charges shall be identified and noticed concurrently with the annual budget process of the district pursuant to Section 23 [5-11-23 NMSA 1978] of the Public Improvement District Act.
F. If, in the resolution of the district board, the revenues to be pledged are limited to certain types of revenues, only those types of revenues may be pledged and only those revenues shall be maintained.
G. No holder of revenue bonds issued pursuant to the Public Improvement District Act may compel any exercise of the taxing power of the district, municipality or county to pay the bonds or the interest on the bonds. Revenue bonds issued pursuant to that act are not a debt of the district, municipality or county, nor is the payment of revenue bonds enforceable out of any money other than the revenue pledged to the payment of the bonds.
H. Subject to the requirements of this section, a district may issue revenue bonds at such times and in such amounts as the district deems appropriate to carry out a project in phases.
I. Pursuant to this section, the district may issue and sell refunding bonds to refund revenue bonds of the district authorized by the Public Improvement District Act. Refunding bonds issued pursuant to this section shall have a final maturity date no later than the final maturity date of the bonds being refunded.
History:
Laws 2001, ch. 305, § 21.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-22 - Terms of bonds.

For any bonds issued in connection with Section 19, 20 or 21 [5-11-19, 5-11-20 or 5-11-21 NMSA 1978] of the Public Improvement District Act, the district board shall prescribe the denominations of the bonds, the principal amount of each issue and the form of the bonds and shall establish the maturities, which shall not exceed thirty years, interest payment dates and interest rates, whether fixed or variable, not exceeding the maximum rate stated in the notice of the election or the resolution of the district board. The bonds may be sold by competitive bid or negotiated sale for public or private offering at, below or above par. The proceeds of the bonds shall be deposited with the treasurer, or with a trustee or agent designated by the district board, to the credit of the district to be withdrawn for the purposes provided by the Public Improvement District Act. Pending that use, the proceeds may be invested as determined by the district. The bonds shall be made payable as to both principal and interest solely from revenues of the district, and shall specify the revenues pledged for such purposes, and shall contain such other terms, conditions, covenants and agreements as the district board deems proper. The bonds may be payable from any combination of taxes, levies or revenues of the types described in Sections 19, 20 and 21 of the Public Improvement District Act.
History:
Laws 2001, ch. 305, § 22.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-24 - Dissolution of district.

A. The district shall be dissolved by the district board by a resolution of the district board upon a determination that each of the following conditions exist:
(1) all improvements owned by the district have been, or provision has been made for all improvements to be, conveyed to the municipality or county in which the district is located;
(2) either the district has no outstanding bond obligations or the municipality or county has assumed all of the outstanding bond obligations of the district; and
(3) all obligations of the district pursuant to any development agreement with the municipality or county have been satisfied.
B. All property in the district that is subject to the lien of district taxes or special levies shall remain subject to the lien for the payment of general obligation bonds and special levy bonds, notwithstanding dissolution of the district. The district shall not be dissolved if any revenue bonds of the district remain outstanding unless an amount of money sufficient, together with investment income thereon, to make all payments due on the revenue bonds either at maturity or prior redemption has been deposited with a trustee or escrow agent and pledged to the payment and redemption of the bonds. The district may continue to operate after dissolution only as needed to collect money and make payments on any outstanding bonds.
History:
Laws 2001, ch. 305, § 24.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-25 - Limitation of liability.

Neither any member of the board of directors of a district nor any person acting on behalf of the district, while acting within the scope of his authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority.
History:
Laws 2001, ch. 305, § 25.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-26 - Cumulative authority.

The Public Improvement District Act shall be deemed to provide an additional and alternative method for the doing of things authorized by that act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing; provided that the issuance of bonds under the provisions of the Public Improvement District Act need not comply with the requirements of any other law applicable to the issuance of bonds, except the Public Securities Limitation of Action Act [6-14-4 to 6-14-7 NMSA 1978], which shall apply.
History:
Laws 2001, ch. 305, § 26; 2009, ch. 46, § 4.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added the exception at the end of the sentence.
Home rule municipality.
— The provisions of the Public Improvement District Act, 5-11-1 NMSA 1978 et seq., do not expressly limit the legislative powers of a home rule municipality; thus, such a municipality has the authority to enter into a contract, or development agreement, with a private developer to facilitate the construction of retail business establishments. 2002 Op. Att'y Gen. No. 02-02.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 11 - Public Improvement District › Section 5-11-27 - Liberal interpretation.

The Public Improvement District Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of that act.
History:
Laws 2001, ch. 305, § 27.
ANNOTATIONS
Severability.
— Laws 2001, ch. 305, § 29 provided for the severability of the act if any part or application is held invalid.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 12 - Radio Towers › Section 5-12-1 - Amateur radio antennas; limit on regulations.

A. Amateur radio antenna towers constructed prior to the effective date of this section are exempted from subsequent changes in zoning regulations by the municipality or county and may be repaired as required.
B. A municipality or county should reasonably accommodate amateur radio service communications by allowing antenna structures to be erected at heights and dimensions sufficient to accommodate amateur radio service communications, but a municipality or county may regulate amateur radio antennas by requiring amateur radio antennas or support structures to meet screening, setback and placement, construction and health and safety standards. However, the regulation should constitute the minimum practicable regulation to accomplish the local municipality's or county's purpose.
C. As used in this section, "amateur radio antenna" means an antenna structure operated by a federally licensed amateur radio operator for amateur radio activities and does not mean citizens band or commercial antennas.
History:
Laws 2002, ch. 90, § 1.
ANNOTATIONS
Effective date of this section.
— The phrase "effective date of this section", referred to in Subsection A, means July 1, 2002, the effective date of Laws 2002, ch. 90, § 1.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-1 - Short title.

Chapter 5, Article 13 NMSA 1978 may be cited as the "Convention Center Financing Act".
History:
Laws 2003, ch. 87, § 1; 2014, ch. 15, § 1.
ANNOTATIONS
Cross references.
— For the Civic and Convention Center Funding Act,
see
Chapter 5, Article 14 NMSA 1978.
The 2014 amendment,
effective May 21, 2014, added the NMSA chapter and article for the Convention Center Financing Act; and at the beginning of the sentence, changed "This act" to "Chapter 5, Article 13 NMSA 1978".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-2 - Definitions.

As used in the Convention Center Financing Act:
A. "convention center" includes a civic center or convention center that includes space for rent by the public for the primary purpose of increasing tourism;
B. "convention center fee" means the fee imposed by a local governmental entity pursuant to the Convention Center Financing Act on vendees for the use of lodging facilities;
C. "local governmental entity" means a qualified municipality or a county authorized by the Convention Center Financing Act to impose convention center fees;
D. "lodging facility" means a hotel, motel or motor hotel, a bed and breakfast facility, an inn, a resort or other facility offering rooms for payment of rent or other consideration;
E. "qualified municipality" means an incorporated municipality or an H class county;
F. "room" means a unit of a lodging facility, such as a hotel room;
G. "vendee" means a person who rents or pays consideration to a vendor for use of a room; and
H. "vendor" means a person or the person's agent who furnishes rooms for occupancy for consideration.
History:
Laws 2003, ch. 87, § 2; 2013, ch. 190, § 1; 2014, ch. 15, § 2.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, changed the definition of "convention center"; and in Subsection A, after "convention center", deleted "and any facility".
The 2013 amendment,
effective June 14, 2013, expanded the scope of the Convention Center Financing Act to civic centers and to all municipalities; deleted former Subsection A, which defined "additional municipality" and added a new Subsection A; in Subsection C, after "or a county", deleted "or an additional municipality"; and in Subsection E, after "incorporated municipality", deleted "that has a population of more than seventy thousand but less than one hundred thousand according to the 2000 federal decennial census located in a class A county" and added "or an H class county".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-3 - Authorized local governmental entities.

A. The following local governmental entities are authorized to impose convention center fees:
(1) a qualified municipality if the governing body of the qualified municipality has enacted an ordinance to impose a convention center fee; and
(2) a county in which a qualified municipality is located, provided that:
(a) a qualified municipality within the county has enacted an ordinance to impose a convention center fee;
(b) the board of county commissioners of the county has enacted an ordinance to impose a convention center fee;
(c) the qualified municipality and the county have entered into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] to collect the revenue from the convention center fee and to expend the revenue as required in the Convention Center Financing Act; and
(d) the fee shall only apply to lodging facilities located within twenty miles of the corporate limits of the qualified municipality.
B. Two qualified municipalities may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act to collect revenue from a convention center fee and to expend the revenue as required by the Convention Center Financing Act if the municipalities:
(1) are located in the same county within twenty miles of the corporate limits of each other; and
(2) have each enacted an ordinance to impose a convention center fee.
History:
Laws 2003, ch. 87, § 3; 2013, ch. 190, § 2.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, expanded the scope of the Convention Center Financing Act to civic centers and to all municipalities; deleted former Subsection C, which provided for the imposition of convention center fees by additional municipalities within twenty miles of a qualified municipality; and added Subsection B.