reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-5 - District; authority; creation.

A. A district shall assess a business improvement benefit fee on any real property or business located within the district.
B. A district shall include any real property or business that benefits by the improvements set out in the business improvement district plan and that is located within the district's geographic boundaries.
C. The district benefit fee assessment schedule shall not include:
(1) governmentally owned real property;
(2) residential real property that is not multifamily residential rental property with at least four units or homeowners associations of multifamily ownership properties;
(3) real property owned by a nonprofit corporation; or
(4) residential real property, located within an existing district, that became eligible for a business improvement benefit fee assessment after the district was created, unless the ordinance that created the district is amended to include the new business or property after notice is provided and a hearing is held in accordance with Section 3-63-10 NMSA 1978.
D. A district may be created by petition of real property owners or by petition of business owners in a proposed district after notice and public hearing.
History:
Laws 1988, ch. 32, § 5; 1999, ch. 204, § 2; 2009, ch. 172, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection C(2), after "residential real property", added the remainder of the sentence; and added Subsection C(4).
The 1999 amendment,
effective April 6, 1999, deleted former Subsection A, which read "A district shall include, for the purpose of a business improvement benefit fee, all real property which is determined to be benefited by the improvements specified in the business improvement district plan, exclusive of any real property owned by the state or the United States or any of its agencies or instrumentalities"; added present Subsections A to C, and redesignated the subsequent subsection accordingly; and, in Subsection D, inserted "or by petition of business owners".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-6 - Creation by petition.

A. Whenever ten or more business owners comprising at least fifty-one percent of the total business owners in the proposed district or whenever five or more real property owners comprising at least fifty-one percent of the total real property owners in the proposed district, exclusive of any real property owned by the United States or the state or any of its political subdivisions, petition the council in writing to create a district, the council shall refer the petition to a planning group to prepare a plan pursuant to the provisions of the Business Improvement District Act to implement the creation of the district. The plans shall:
(1) state the purpose for the creation of the district;
(2) describe in general terms the real property to be included in the district;
(3) provide an assessment plat of the area to be included in the district showing an estimate of the benefits to such real property and an amount estimated to be assessed against each parcel of real property;
(4) provide such other information as the council deems necessary for the proper evaluation of the plan;
(5) in the case of a petition brought by a majority of business owners within a proposed district, describe in general terms both the real property and the businesses included in the district; and
(6) in the case of a petition brought by a majority of business owners within a proposed district, provide a formula to be used to assess businesses in the district for the business improvement benefit fee to be collected along with the municipal property tax.
B. After the completion of the plan, the planning group shall have the municipal clerk give notice of a hearing on the proposed plan.
C. If after the hearing the planning group recommends to the council the creation of the district as proposed or amended, the council may adopt by ordinance the proposed district requested by petition and as described by the plan.
History:
Laws 1988, ch. 32, § 6; 1999, ch. 204, § 3.
ANNOTATIONS
The 1999 amendment,
effective April 6, 1999, rewrote the introductory paragraph and added Subsections A(5) and A(6).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-7 - Ordinance creating the district.

The ordinance to create a district shall include:
A. a list of improvements to be provided by the district;
B. the amount of benefit estimated to be conferred on each tract or parcel of real property;
C. a description of the real property or businesses to be assessed a business improvement benefit fee;
D. the assessment method to be used to finance the improvements of the district;
E. the amount of the assessment to be imposed on each real property owner; and
F. the terms of members, method of appointment and duties of the management committee for the district.
History:
Laws 1988, ch. 32, § 7; 1999, ch. 204, § 4.
ANNOTATIONS
The 1999 amendment,
effective April 6, 1999, inserted "or businesses" in Subsection C.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 204, § 8 repealed 3-63-8 NMSA 1978, as enacted by Laws 1988, ch. 32, § 8, relating to petitions to oppose the creation of a business improvement district, effective April 6, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-9 - Planning group.

Upon the initiation of a proposed district, the council shall appoint a planning group consisting of not more than five members, not less than one of which shall be a business owner and not less than two of which shall be real property owners, subject to the assessment, located within the proposed district.
History:
Laws 1988, ch. 32, § 9.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-10 - Notice and hearing.

A. The notice of public hearing required by the Business Improvement District Act shall contain:
(1) the time and place where the planning committee will hold a hearing on the proposed district and improvements;
(2) the estimated cost of improvements;
(3) the boundary of the district; and
(4) the recommended formula or the preliminary estimate of assessment of a business improvement benefit fee against each tract or parcel of real property or business.
B. The notice of the public hearing shall be mailed to the affected real property owners or business owners in the proposed district at least thirty days prior to the date of the hearing. In addition, notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality in which the proposed district lies. The last publication shall be at least three days before the date of the hearing.
C. Any citizen, business owner or real property owner affected by the proposed district shall be given opportunity to appear at the public hearing and present his views on the creation of the district as outlined in the preliminary plan.
D. Upon completion of the hearing, the planning group shall present its recommendation on the creation of the proposed district. If the recommendation is against the creation of the district, the council may not adopt an ordinance creating the district.
History:
Laws 1988, ch. 32, § 10; 1999, ch. 204, § 5.
ANNOTATIONS
The 1999 amendment,
effective April 6, 1999, inserted "the recommended formula or" and "or business" in Subsection A(4); in Subsection B, inserted "or business owners" in the first sentence and substituted "two successive weeks" for "four successive weeks" in the second sentence; and, in Subsection C, inserted "business owner".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-11 - Management committee; creation; duties.

A. The council, upon adoption of an ordinance creating a district, shall appoint a management committee that shall be responsible for the operation of the district in one of the following manners:
(1) the council shall appoint an existing downtown, community or central business district revitalization nonprofit corporation that operates within the boundaries of the district, to administer and implement the business improvement district plan; or
(2) the council shall appoint a management committee to administer and implement the business improvement district plan from nominees submitted by the owners of businesses and the owners of real property located in the district.
B. The management committee shall prepare and file annually with the council for its review and approval a budget and progress report for the district.
C. The management committee shall administer all improvements within the district.
D. The management committee shall recommend the annual assessment to be made by the council.
E. The management committee shall file annually with the council a report of the district activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of the fiscal year and the benefits of the district's program to the real property and business owners of the district.
F. The management committee shall be a nonprofit corporation created pursuant to the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978].
History:
Laws 1988, ch. 32, § 11; 1999, ch. 204, § 6.
ANNOTATIONS
The 1999 amendment,
effective April 6, 1999, rewrote Subsection A, which formerly read "If the council adopts the ordinance creating the district, the council shall appoint a management committee from lists of names submitted by local area owners of businesses and owners of real property located in the district. The management committee shall be responsible for the operation of the district", and deleted "Chapter 53, Article 8 NMSA 1978" preceding "the Nonprofit Corporation Act" in Subsection F.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-13 - Annual assessment; special account.

A. The council, upon recommendation of the management committee, may annually assess a business improvement benefit fee as defined by the ordinance upon all real property owners and business owners, exclusive of:
(1) governmentally owned real property;
(2) residential real property that is not multifamily residential rental property with at least four units or homeowners associations of multifamily ownership properties;
(3) real property owned by a nonprofit corporation; or
(4) residential real property, located within an existing district, that became eligible for a business improvement benefit fee assessment after the district was created, unless the ordinance that created the district is amended to include the new business or property after notice is provided and a hearing is held in accordance with Section 3-63-10 NMSA 1978.
B. The council may make reasonable classifications regarding real property owners located within the district. The annual assessment may be based on the amount of space used for business purposes, street front footage, building or land square footage or such other factors or combination of factors as shall be deemed reasonable. The annual assessment shall be in addition to any other incorporated municipal-imposed license fees or other taxes, fees or other charges assessed or levied for the general benefit and use of the incorporated municipality.
C. All money received by the municipality from the district assessment shall be held in a special account for the benefit of the district.
D. In the case of a district that was created by a majority of real property owners, the amount owed by a commercial tenant shall be proportional to the square footage of space that the tenant rents but shall not be more than seventy-five percent of the total business improvement benefit fee assessed on the property. The property owner shall pay at least twenty-five percent of the business improvement benefit fee.
E. In the case of a district that was created by a majority of businesses, the business improvement benefit fee shall be collected at the same time that the real property owner's property taxes are collected. Businesses shall be assessed for one hundred percent of the business fee assessed to the property.
History:
Laws 1988, ch. 32, § 13; 1999, ch. 204, § 7; 2009, ch. 172, § 3.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "exclusive of", deleted "any real property owned by the United States or the state or any of its political subdivisions located within the district"; and added Paragraphs (1) through (4) of Subsection A.
The 1999 amendment,
effective April 6, 1999, inserted "and business owners" in the first sentence of Subsection A and added Subsections C and D.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-14 - Assessments; terms of payment; liens; foreclosure.

A. The council shall by ordinance:
(1) establish the time and terms of paying the business improvement benefit fee or installments on the fee;
(2) set any rate or rates of interest upon deferred payments of the fee, which shall commence from the last date of publication of the ordinance ratifying the assessment;
(3) fix penalties to be charged for delinquent payment of an assessment;
(4) establish procedures and guidelines for the classification of property for the fee;
(5) set a reasonable charge to recover the municipality's expense for the assessment, collection and administration of the fee; and
(6) provide for the control and investment and order the expenditure of all money pertaining to the district.
B. The same interest rate shall be set for fees which are payable over the same time period. No rate or rates of interest in excess of twelve percent a year upon such deferred payments of the fee shall become effective unless the state board of finance or any successor thereof at any time approves a higher interest rate in writing based upon the determination of the state board of finance that the higher rate is reasonable under existing or anticipated bond market conditions, which approval shall be conclusive.
C. After the publication of the ordinance ratifying the assessment, as provided in the Business Improvement District Act, the assessment together with any interest or penalty accruing to the assessment is a lien upon the tract or parcel of land so assessed. Such a lien is coequal with the lien for general real property taxes and the lien of other improvement districts and all other liens, claims and titles. Unmatured installments are not deemed to be within the terms of any general covenant or warranty. All purchasers, mortgagees or encumbrancers of a tract or parcel of land so assessed shall hold the tract or parcel of land subject to the lien so created.
D. Within sixty days after the publication of the assessment roll for a district, the municipal clerk shall prepare, sign, attest with the municipal seal and record in the office of the county clerk a claim of lien for any unpaid amount due and assessed against a tract or parcel of land.
E. Any tract or parcel so assessed shall not be relieved from the assessment or lien by the sale of the tract or parcel of land for general taxes or any other assessment.
History:
Laws 1988, ch. 32, § 14.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 63 - Business Improvement Districts › Section 3-63-15 - District review.

The council shall review each district every five years, and prior to the issuance of business improvement district revenue bonds other than those issued or committed during the first five-year period, to determine whether the district should remain in existence. If a majority of the council decides that the purpose for which the district was created has been served and that it is in the best interest for the district, the council shall terminate the district's status by ordinance or resolution and record this with the municipal clerk. If upon termination of a district's status there is an outstanding revenue bond obligation, the municipality shall continue to assess the business improvement benefit fee for the life of the outstanding bond.
History:
Laws 1988, ch. 32, § 15.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 64 - Development Incentives › Section 3-64-1 - Short title.

Chapter 3, Article 64 NMSA 1978 may be cited as the "Community Development Incentive Act".
History:
Laws 1991, ch. 163, § 1; 2003, ch. 293, § 1; 2003, ch. 405, § 1.
ANNOTATIONS
Cross references.
— For exemption of municipal property, owned for purposes of the Community Development Law, from taxes and from levy and sale by virtue of an execution,
see
3-60-32 NMSA 1978.
For exemption of municipal property, owned for purposes of the Metropolitan Redevelopment Code, from taxes and from levy and sale by virtue of an execution,
see
3-60A-13 NMSA 1978.
For county foreign-trade zone regulations,
see
4-36-7 NMSA 1978.
For exemption of governmental agencies or instrumentalities from compensating tax,
see
7-9-14 NMSA 1978.
For tax status of lessee's interests in metropolitan redevelopment property,
see
7-36-3.1 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "Chapter 3, Article 64 NMSA 1978" for "This act" at the beginning of the section, and inserted "Community" preceding "Development Incentive Act" at the end of the section.
Laws 2003, ch. 293, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2003, ch. 405, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 64 - Development Incentives › Section 3-64-3 - Exemption of certain commercial personal property from property tax by local bodies.

A. The governing body of a county or a municipality may by a majority vote of the members elected to the governing body adopt a resolution exempting commercial personal property of a new business facility located in the county or municipality from the imposition of any property tax on commercial personal property authorized to be imposed by the respective governing body, subject to the limitations of Subsection B of this section.
B. The exemption authorized by Subsection A of this section may be for up to one hundred percent of the value for property taxation purposes of the property exempted.
C. The exemption authorized by Subsection A of this section may be for any period of time not to exceed twenty years. The effective date of any exemption shall be January 1 of the property tax year in which the new business facility commences commercial operations.
History:
Laws 1991, ch. 163, § 3; 2003, ch. 293, § 3; 2003, ch. 405, § 3.
ANNOTATIONS
Cross references.
— For constitutionally tax exempt property,
see
N.M. Const., art. VIII, § 3.
For the Property Tax Code,
see
Chapter 7, Articles 35 to 38 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, deleted "other than a class A county or a municipality in such county," following "county or a municipality" near the beginning of Subsection A; substituted "up to one hundred" for "fifty" preceding "percent of the value" near the middle of Subsection B; and substituted "twenty" for "five" following "time not to exceed" near the middle of Subsection C.
Laws 2003, ch. 293, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2003, ch. 405, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 64 - Development Incentives › Section 3-64-4 - Transmittal of exemption resolution; action of assessor.

A. After a resolution of exemption of personal property is adopted by a governing body, copies of it shall be certified by the clerk of the entity; one copy shall be delivered immediately to the county assessors; and one copy shall be sent to the taxation and revenue department.
B. Upon receipt of a certified copy of an exemption resolution, the county assessor of the county in which the exempted property is located shall take appropriate action to enter the exemption in the property tax schedule for the property tax year in which the exemption becomes effective and shall also enter the exemption as appropriate for subsequent years during which the exemption remains in effect.
History:
Laws 1991, ch. 163, § 4.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 64 - Development Incentives › Section 3-64-5 - Expiration of exemption; action of assessor.

An exemption granted under Section 3-64-3 NMSA 1978 shall automatically terminate on the last day of the property tax year in which it expires pursuant to the exemption resolution or on the last day of the property tax year in which a new business facility ceases commercial operations, whichever occurs first.
History:
Laws 1991, ch. 163, § 5; 2003, ch. 293, § 4; 2003, ch. 405, § 4.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "3-64-3 NMSA 1978" for "3 of the Development Incentive Act" following "granted under Section" near the beginning of the section.
Laws 2003, ch. 293, § 4 enacted identical amendments to this section. The section was set out as amended by Laws 2003, ch. 405, § 4.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-1 - Short title.

Sections 1 through 11 [3-65-1 to 3-65-10 NMSA 1978] of this act may be cited as the "Minor League Baseball Stadium Funding Act".
History:
Laws 2001, ch. 231, § 1.
ANNOTATIONS
Cross references.
— For exemption to gross receipts tax,
see
7-9-13.3 NMSA 1978.
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
Compiler's notes.
— Laws 2001, Chapter 231 enacted the Minor League Baseball Stadium Funding Act. Section 1 of that act defined the Minor League Baseball Stadium Funding Act as Sections 1 to 11 of Chapter 231, however, Section 11 of Chapter 231 was not codified and appears as a note following 3-65-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-2 - Findings and purpose.

A. The legislature finds that:
(1) the costs of land for and of designing, purchasing, constructing, remodeling, rehabilitating, renovating, improving, equipping, furnishing, operating and maintaining minor league baseball stadiums have increased to a level that local financial resources are inadequate to meet all of the costs;
(2) functional and modern minor league baseball stadiums are essential in retaining and attracting minor league baseball teams to the state; and
(3) even after utilizing local financial resources, municipalities need additional means to provide complete funding for functional and modern minor league baseball stadiums.
B. The purpose of the Minor League Baseball Stadium Funding Act is to provide an additional method of accessing the capital markets with the assistance of the New Mexico finance authority to meet the need for a complete funding package for functional and modern minor league baseball stadiums.
History:
Laws 2001, ch. 231, § 2.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-3 - Definitions.

As used in the Minor League Baseball Stadium Funding Act:
A. "authority" means the New Mexico finance authority;
B. "chief executive officer" means the mayor or chief administrative officer of a municipality when designated in writing by the mayor to perform duties required by the Minor League Baseball Stadium Funding Act;
C. "governing body" means the council, commission or other group of elected officials of a municipality in which is vested the legislative authority of a municipality;
D. "loan" means a loan or other financial arrangement pursuant to which money is lent or otherwise made available by the authority to a municipality to pay for some or all of the costs of land for and designing, purchasing, constructing, remodeling, rehabilitating, renovating, improving, equipping and furnishing a minor league baseball stadium;
E. "loan payments" means all payments of principal, interest, premiums, charges, expenses or other obligations required to be paid by a municipality to the authority to repay the loan;
F. "minor league baseball stadium" means a stadium, including land, buildings and related improvements, primarily designed and intended for use by minor league baseball teams as a venue for playing baseball games;
G. "municipality" means a municipality located in a class A county with a population of more than two hundred thousand according to the 1990 federal decennial census;
H. "stadium surcharge" means a surcharge on tickets, parking, souvenirs, concessions, programs, advertising, merchandise, corporate suites or boxes, broadcast revenues and all other products or services sold at or related to the minor league baseball stadium or related to activities occurring at the stadium;
I. "vendor" means every person, corporation, partnership or other entity, including a division or department of a municipality, providing products or services sold at or related to the minor league baseball stadium; and
J. "vendor contract" means a contract, agreement or other written arrangement between a municipality and a vendor pursuant to which the vendor provides products or services sold at or related to the minor league baseball stadium.
History:
Laws 2001, ch. 231, § 3.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-4 - Authorization of surcharge; use of proceeds.

A. A municipality may impose a stadium surcharge by majority vote of the governing body. If a stadium surcharge has been imposed, the municipality shall include a stadium surcharge in each vendor contract, and each vendor contract shall be signed by the chief executive officer.
B. Before establishing the amount of the stadium surcharge to be included in each vendor contract, the municipality shall notify the authority in writing of the proposed amount of the loan requested for the minor league baseball stadium and of the proposed amount of the surcharge to be included in each vendor contract. The authority shall review the proposed amount of the stadium surcharge and shall make a written recommendation to a municipality setting forth the minimum amount of the surcharge to be set forth in the loan and related documents. The minimum amount of the stadium surcharge shall never be less than five percent and may be any higher percentage recommended by the authority or otherwise established by the municipality.
C. After receipt of the written recommendation from the authority, a municipality shall establish the amount of the stadium surcharge to be included in each vendor contract, provided that the amount of the surcharge to be set forth in the loan and related documents shall be at least the minimum amount recommended by the authority.
D. The receipts from the stadium surcharge may be used by the municipality for all or any portion of:
(1) loan payments;
(2) costs of constructing, renovating, operating, maintaining or improving the minor league baseball stadium; or
(3) costs of collecting and otherwise administering the surcharge.
E. A municipality shall establish a fund for construction, renovation, operation, maintenance and improvement of a minor league baseball stadium for deposit of all receipts from the stadium surcharge that exceed the required loan payments, and all receipts deposited in that fund shall be used for such purposes and may also be used for the costs of collection and otherwise administering the surcharge.
History:
Laws 2001, ch. 231, § 4.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-5 - Collection of surcharge; remittance to the municipality.

A. Every vendor shall collect the stadium surcharge on behalf of the municipality and shall act as a trustee therefor.
B. The stadium surcharge shall be collected by vendors from the users of products or services subject to the surcharge. Users shall be charged separately for the stadium surcharge from the cost of the product or service subject to the surcharge or the vendor shall institute accounting controls or procedures sufficient to identify the amount of the surcharge owed to a municipality for each sale, transaction or exchange subject to the surcharge.
C. All receipts from the stadium surcharge shall be remitted by vendors to the treasurer of the municipality no later than the tenth day of the month following collection of the receipts. The treasurer of the municipality shall deposit the receipts in a separate account and shall act as trustee of the receipts on behalf of the authority so long as any loan is unpaid.
History:
Laws 2001, ch. 231, § 5.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-6 - Audits.

A municipality shall provide by ordinance a method to either audit or otherwise ensure that vendors subject to the stadium surcharge collect and remit to the treasurer of the municipality the full amount of the surcharge receipts due to the municipality.
History:
Laws 2001, ch. 231, § 6.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-7 - Enforcement; penalties.

A. An action to enforce the imposition and collection of a stadium surcharge by a vendor may be brought by a municipality.
B. A district court may issue an appropriate judgment, order or remedy to enforce the provisions of a vendor contract.
C. Any judgment issued by a district court requiring stadium surcharge receipts to be paid to a municipal treasurer by a vendor shall also award interest at twelve percent on past-due amounts, attorney fees and costs to a municipality.
History:
Laws 2001, ch. 231, § 7.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-8 - Authorization of project.

A. Pursuant to the provisions of Section 6-21-6 NMSA 1978, the legislature authorizes the authority to make a loan from the public project revolving fund to a municipality to acquire land for and to design, purchase, construct, remodel, renovate, rehabilitate, improve, equip or furnish a minor league baseball stadium on terms and conditions established by the authority.
B. Prior to receiving the loan, the governing body shall approve the loan and related documents by an ordinance to be adopted by a majority of the members of the governing body. The ordinance shall pledge the stadium surcharge receipts to make the loan payments. In addition to pledging stadium surcharge receipts for making loan payments, the ordinance shall pledge legally available gross receipts tax revenues distributed to a municipality pursuant to Section 7-1-6.4 or 7-1-6.12 NMSA 1978 in an amount satisfactory to the authority and in an amount at least sufficient to make the loan payments. No action shall be brought questioning the legality of the pledge of receipts and revenues, the ordinance, the loan, the proceedings, the stadium surcharge or any other matter concerning the loan after thirty days from the date of publication of the ordinance approving the loan and related documents and pledging stadium surcharge receipts and gross receipts tax revenues of the municipality to make the loan payments.
C. The legislature or a municipality shall not repeal, amend or otherwise modify any law or ordinance that adversely affects or impairs the stadium surcharge or any loan from the authority secured by a pledge of the stadium surcharge and gross receipts tax revenues, unless the loan has been paid in full or provisions have been made for full payment.
History:
Laws 2001, ch. 231, § 8.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-9 - Cumulative and complete authority.

The Minor League Baseball Stadium Funding Act shall be deemed to provide an additional and alternative method for obtaining funding for a minor league baseball stadium, establishing the stadium surcharge and completing the acts authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws of the state, without reference to such other laws of the state, and shall constitute full authority for the exercise of powers granted herein, including but not limited to the pledging of stadium surcharge receipts and gross receipts tax revenues by the governing body to make loan payments to the authority.
History:
Laws 2001, ch. 231, § 9.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 65 - Minor League Baseball Stadium Funding › Section 3-65-10 - Liberal interpretation.

The Minor League Baseball Stadium Funding Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of the act.
History:
Laws 2001, ch. 231, § 10.
ANNOTATIONS
Emergency clause.
— Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, 2001.
Severability.
— Laws 2001, ch. 231, § 11 provided for the severability of the act if any part or application of the Minor League Baseball Stadium Funding Act is held invalid.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-1 - Short title.

Sections 3 through 11 [3-66-1 to 3-66-11 NMSA 1978] of this act may be cited as the "Municipal Event Center Funding Act".
History:
Laws 2005, ch. 351, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 2005, ch. 351 was not enacted as part of the Municipal Code but was included in that code as a convenience to the user.
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-2 - Findings and purpose.

A. The legislature finds that:
(1) the costs of acquiring land for and of designing, purchasing, constructing, remodeling, rehabilitating, renovating, improving, equipping, furnishing, operating and maintaining municipal event centers have increased to a level that local financial resources are inadequate to meet all of the costs;
(2) functional and modern municipal event centers are essential in retaining and attracting cultural, educational, entertainment and sporting events to municipalities and the state and are essential for the economic development and prosperity of municipalities and the state; and
(3) even after using local financial resources, municipalities need additional means to provide complete funding for functional and modern municipal event centers.
B. The purpose of the Municipal Event Center Funding Act is to provide an additional method of accessing the capital markets to meet the need for a complete funding package for functional and modern municipal event centers.
History:
Laws 2005, ch. 351, § 4.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-3 - Definitions.

As used in the Municipal Event Center Funding Act:
A. "bonds" means revenue bonds issued by a municipality to pay for some or all of the costs of acquiring land for and designing, purchasing, constructing, remodeling, rehabilitating, renovating, improving, equipping and furnishing a municipal event center;
B. "chief executive officer" means the mayor or chief administrative officer of a municipality when designated in writing by the mayor to perform duties required by the Municipal Event Center Funding Act;
C. "debt service payments" means rentals, receipts, fees or other charges paid to a municipality for the rights to use, operate or manage a municipal event center by any person, corporation or other entity;
D. "event center revenues" means rentals, receipts, fees or other charges imposed by and paid to a municipality pursuant to the Municipal Event Center Funding Act for the rights to use, operate or manage a municipal event center by any person, corporation or other entity;
E. "event center surcharge" means a surcharge to be included in each vendor contract on tickets, parking, souvenirs, concessions, programs, advertising, merchandise, corporate suites or boxes, broadcast revenues and all other products or services sold at or related to the municipal event center or related to activities occurring at the event center;
F. "governing body" means the council, commission or other group of elected officials of a municipality in which is vested the legislative authority of a municipality;
G. "municipal event center" means an event center providing seating for a minimum of four thousand people, including land, buildings and related improvements, primarily designed and intended for cultural, educational, entertainment and sporting events, but does not include a civic or convention center;
H. "municipality" means a political subdivision of the state, organized and operating under a home-rule charter or the Municipal Code;
I. "vendor" means every person, corporation, partnership or other entity, including a division or department of a municipality, providing products or services sold at or related to the municipal event center; and
J. "vendor contract" means a contract, agreement or other written arrangement between a municipality and a vendor pursuant to which the vendor provides products or services sold at or related to the municipal event center.
History:
Laws 2005, ch. 351, § 5.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-4 - Authorization of surcharge and other fees; use of proceeds; transfer.

A. A municipality in which a municipal event center is located may establish by ordinance an event center surcharge of not less than five percent of each vendor contract entered into by that municipality. As otherwise established by that municipality, the event center surcharge may be any percentage greater than five percent of each vendor contract entered into by the municipality.
B. A municipality shall include an event center surcharge in the terms of each vendor contract into which it enters. A chief executive officer of a municipality shall sign each vendor contract into which that municipality enters.
C. A municipality may establish charges and fees deemed necessary by the governing body or the chief executive officer for the use, operation or management of a municipal event center by a person, corporation or other entity.
D. From the proceeds of the event center surcharge, an amount equal to two percent of each vendor contract entered into by the municipality shall be transferred monthly by the municipality that established the event center surcharge to the tax administration suspense fund.
E. A municipality shall establish a fund for construction, renovation, operation, equipment, maintenance and improvement of a municipal event center for deposit of all event center revenues and event center surcharge proceeds that exceed the required debt service payments, except for event center surcharge proceeds transferred to the tax administration suspense fund pursuant to this section. Money in the fund may be used to pay:
(1) debt service payments;
(2) costs of operating a municipal event center during the life of the bonds issued by the municipality pursuant to the Municipal Event Center Funding Act;
(3) costs of constructing, renovating, equipping, maintaining or improving that municipal event center; or
(4) costs of collecting or administering the event center surcharge.
History:
Laws 2005, ch. 351, § 6.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-5 - Collection of event center surcharge; remittance to municipality.

A. Upon the sale of a product or service subject to the event center surcharge, a vendor shall collect the event center surcharge from the purchaser of that product or service on behalf of the municipality and shall act as a trustee for the surcharge receipts. A purchaser of a product or service subject to the event center surcharge shall be charged separately for the event center surcharge from the cost of the product or service, or the vendor shall institute accounting controls or procedures sufficient to identify the amount of the surcharge owed to a municipality for each sale, transaction or exchange subject to the surcharge. Receipts from the event center surcharge shall be remitted by a vendor to the treasurer of the municipality in which the municipal event center at which the vendor sold the product or service is located no later than the tenth day of the month following the collection of the surcharge.
B. A treasurer of a municipality shall deposit municipal event center revenues and event center surcharge receipts in a separate account and act as trustee of the revenue on behalf of bondholders pursuant to the Municipal Event Center Funding Act so long as any bonds remain outstanding.
History:
Laws 2005, ch. 351, § 7.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-6 - Audits.

A municipality shall provide by ordinance a method to audit or otherwise ensure that vendors subject to the event center surcharge collect and remit to the treasurer of the municipality the full amount of the surcharge receipts due to the municipality.
History:
Laws 2005, ch. 351, § 8.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-7 - Enforcement; penalties.

A. An action to enforce the imposition and collection of an event center surcharge by a vendor may be brought by a municipality.
B. A district court may issue an appropriate judgment, order or remedy to enforce the provisions of a vendor contract.
C. A judgment issued by a district court requiring event center surcharge receipts to be paid to a municipal treasurer by a vendor shall also award interest at an annual rate of twelve percent on past due amounts, attorney fees and costs to a municipality.
History:
Laws 2005, ch. 351, § 9.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-8 - Issuance of bonds.

A. A municipality may issue revenue bonds, in accordance with the procedures set forth in Sections 3-31-3 through 3-31-7 NMSA 1978, to acquire land for and to design, purchase, construct, remodel, renovate, rehabilitate, improve, equip or furnish a municipal event center.
B. Revenue bonds issued by a municipality may be secured by event center revenues, event center surcharge receipts or gross receipts tax revenues distributed to that municipality pursuant to Section 7-1-6.4 or 7-1-6.12 NMSA 1978.
C. An action shall not be brought questioning the legality of the pledge of event center revenues, event center surcharge receipts or gross receipts tax revenues, bonds issued pursuant to the Municipal Event Center Funding Act, issuance of those bonds, an event center surcharge included in a vendor contract or any other matter concerning the bonds after thirty days from the date of publication of the ordinance authorizing issuance of the bonds and the pledging of event center receipts, event center surcharge receipts or gross receipts tax revenues of a municipality to make debt service payments.
D. The legislature or a municipality shall not repeal, amend or otherwise modify any law or ordinance that adversely affects or impairs the event center surcharge or any bonds secured by a pledge of the event center revenues, event center surcharge receipts or gross receipts tax revenues, unless the bonds have been paid in full or provisions have been made for full payment.
History:
Laws 2005, ch. 351, § 10.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-9 - Cumulative and complete authority.

The Municipal Event Center Funding Act shall be deemed to provide an additional and alternative method for obtaining funding for a municipal event center, establishing and collecting event center revenues and the event center surcharge and completing the acts authorized pursuant to that act, and shall be regarded as supplemental and additional to powers conferred by other laws of the state and shall constitute full authority for the exercise of powers granted pursuant to the Municipal Event Center Funding Act.
History:
Laws 2005, ch. 351, § 11.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-10 - Liberal interpretation.

The Municipal Event Center Funding Act shall be liberally construed to carry out its purpose.
History:
Laws 2005, ch. 351, § 12.
ANNOTATIONS
Emergency clause.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 66 - Municipal Event Center Funding › Section 3-66-11 - Severability.

If any part or application of the Municipal Event Center Funding Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
History:
Laws 2005, ch. 351, § 13.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 351, § 14 contained an emergency clause and was approved April 8, 2005.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 1 - Bernalillo County › Section 4-1-2 - [Change in south boundary.]

All that portion of the county of Bernalillo situated south of a line commencing at a point on the east bank of the Rio Grande where the southern foot of the Loma de Isleta strikes the Rio Grande, and running thence to the Canon del Infierno, and then following the old line of both counties to the east, shall be cut off from the county of Bernalillo, and included within the county of Valencia. All the above-described land shall be annexed to and form part of precinct number fifteen of the county of Valencia.
History:
Laws 1869-1870, ch. 16, § 1; C.L. 1884, § 279; C.L. 1897, § 535; Code 1915, § 1118; C.S. 1929, § 33-3002; 1941 Comp., § 15-102; 1953 Comp., § 15-1-2.
ANNOTATIONS
Cross references.
— For original boundaries of Valencia county,
see
4-32-1 NMSA 1978.