2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-3 - Improvement district; purpose.

An improvement district may be created as authorized in Chapter 3, Article 33 NMSA 1978 in order to construct, acquire, repair or maintain in one or more locations any one or any combination of the following projects, including without limitation land served by any project and any right of way, easement or privilege appurtenant or related thereto:
A. a street, road, bridge, walkway, overpass, underpass, pathway, alley, curb, gutter or sidewalk project, including without limitation median and divider strips, parkways and boulevards, ramps and stairways, interchanges, alleys and intersections, arches, support structures and pilings and the grading, regrading, oiling, surfacing, graveling, excavating, macadamizing, paving, repairing, laying, backfilling, leveling, lighting, landscaping, beautifying or in any manner improving of all or any part of one or more streets, roads, bridges, walkways, pathways, curbs, gutters or sidewalks or any combination of the foregoing;
B. a storm sewer project, sanitary sewer project or water project, including without limitation investigating, planning, constructing, acquiring, excavating, laying, leveling, backfilling or in any manner improving all or any part of one or more storm sewers, drains, sanitary sewers, water lines, trunk lines, mains, laterals or property connections and acquiring or improving hydrants, meters, valves, catch basins, inlets, outlets, lift or pumping stations and machinery and equipment incidental thereto or any combination of the foregoing;
C. a flood control or storm drainage project, including without limitation the investigation, planning, construction, improvement, replacement, repair or acquisition of dams, dikes, levees, ditches, canals, basins and appurtenances such as spillways, outlets, syphons and drop structures, channel construction, diversions, rectification and protection with appurtenant structures such as concrete lining, banks, revetments, culverts, inlets, bridges, transitions and drop structures, rundowns and retaining walls, storm sewers and related appurtenances such as inlets, outlets, manholes, catch basins, syphons and pumping stations, appliances, machinery and equipment and property rights connected therewith or incidental thereto convenient and necessary to control floods or provide drainage and lessen their danger and damages;
D. a utility project providing gas, water, electricity or telephone service;
E. railroad spurs, railroad tracks, railyards, rail switches and any necessary real property; or
F. on-site or off-site improvements required as a condition to obtaining required approvals of a development to be served by a project, including the payment of any fees or charges levied as a means of paying for all or part of such on-site or off-site improvements.
History:
1953 Comp., § 14-32-3, enacted by Laws 1965, ch. 300; 1967, ch. 90, § 1; 1981, ch. 211, § 1; 1987, ch. 47, § 2; 1991, ch. 199, § 3; 2001, ch. 312, § 3.
ANNOTATIONS
Cross references.
— For park and recreation construction authorized,
see
3-18-19 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, inserted "land served by any project" in the preliminary language and substituted "or" for "and" preceding "property connections" in Subsection B; and added Subsections E and F.
The 1991 amendment,
effective April 4, 1991, in the introductory paragraph, inserted "acquire, repair or maintain" and added "including without limitation any right of way, easement or privilege appurtenant or related thereto"; rewrote Subsection A; inserted "investigating, planning, constructing" near the beginning of Subsection B; and inserted "water" in Subsection D.
Statutory grant of power to municipalities to improve streets vests
only when the proper method to implement that power is adopted.
Bowdich v. City of Albuquerque
, 1966-NMSC-133, 76 N.M. 511, 416 P.2d 523.
"Paved".
— The term "paved," when used in a municipal resolution, includes the construction of curbs and gutters as a necessary part of the project.
Bowdich v. City of Albuquerque
, 1966-NMSC-133, 76 N.M. 511, 416 P.2d 523.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Street improvements as public utility within constitutional or statutory provision relating to purchase, construction, or repair of same, 9 A.L.R. 1034, 35 A.L.R. 592.
Power of municipality to extend aid to improvement district organized within its own limits, 50 A.L.R. 1208.
Underground conduits for electric wires as local improvements supporting special assessments, 66 A.L.R. 1389.
Levee and flood control acts, constitutionality of, 70 A.L.R. 1289.
"Surfacing" or "resurfacing" of highway, character of improvement contemplated by statute, ordinance, or contract relating to, 84 A.L.R. 1158.