reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-3 - Definitions.

As used in the Municipal Parking Law:
A. "city" means any municipality having a population of five thousand or more. "The city" means the particular city for which a particular authority is created;
B. "authority" or "parking authority" means any agent or agency of a city created pursuant to the Municipal Parking Law;
C. "governing body" means, in the case of a city, that body in which the legislative powers of the city are vested;
D. "bonds" means any obligation issued by a city pursuant to the Municipal Parking Law;
E. "obligee" includes any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority or city property used in connection with a parking facility or any assignee or assignees of such lessor's interest, or any part thereof, and the state or the United States or any agency of either, when a party to any contract with an authority or city by which aid or a loan is given or made to the city;
F. "project" means any acquisition, improvement, construction or undertaking of any kind authorized in the Municipal Parking Law;
G. "ordinance" means ordinance or resolution which may be passed, adopted or entered into by the governing body of a city;
H. "parking facilities" means any space on the streets or off the streets used for the purpose of parking motor vehicles, and includes buildings erected above or below the land when used for the purpose of increasing accommodations for parking motor vehicles;
I. "federal government" includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America; and
J. "real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
History:
1953 Comp., § 14-51-3, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-4 - Creation of parking authorities.

Every city, in addition to other powers conferred by the Municipal Parking Law, shall have power and may by proper ordinance of its governing body:
A. create as an agent of the city, an authority to be known as the "parking authority" of the city;
B. delegate to said authority any or all of the powers conferred on the city by the Municipal Parking Law, except the power to issue bonds and purchase real property; and
C. prescribe the number of members of said authority, the term of office of said members, their appointment and removal and the powers, rights and duties which they shall have and exercise. Said ordinance shall provide that the authority shall file with the governing body of the city, a detailed report of all its transactions, including a statement of all revenues and expenditures at quarterly, semiannual or annual intervals as the governing body may prescribe.
History:
1953 Comp., § 14-51-4, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-6 - Interested officers and employees.

It is declared to be against public policy for any officer or employee of a city to acquire any interest direct or indirect in any parking facilities or related properties or any commercial enterprise connected or incidental thereto, or to have any interest direct or indirect in any contract or proposed contract related to or affecting parking facilities, unless said officer or employee shall first disclose the same in writing to the governing body of the city. Such disclosures shall be entered upon the minutes of the governing body of the city. Upon such disclosure, such officer or employee shall not participate in any action by the city affecting such property or contract. The failure so to disclose such interest shall constitute misconduct in office, and the governing body may take such action with reference to any such contract or interest as it may deem advisable. Any such contract or interest shall be void at the election of the governing body.
History:
1953 Comp., § 14-51-6, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-7 - Planning, zoning and building laws.

All parking facilities of the city shall be subject to planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the parking facility is situated.
History:
1953 Comp., § 14-51-7, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-8 - Lease of parking facilities; bids.

If a city desires to lease any project acquired by it under the provisions of the Municipal Parking Law, it shall do so by publication of notice and award to the highest responsible bidder. The governing body shall by ordinance prescribe the method of giving notice inviting bids. The notice shall distinctly and specifically describe the project and the facilities in connection therewith which are to be leased, the period of time for which the project is to be leased and the minimum rental to be paid under the lease. The governing body may reject any and all bids presented, and readvertise.
History:
1953 Comp., § 14-51-8, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-9 - Power to issue bonds.

A city shall have power to issue bonds from time to time in its discretion to finance in whole or in part the cost of the preparation, acquisition, purchase, lease, construction, reconstruction, improvement, alteration, extension or repair of any project hereunder and including the acquisition, installation and maintenance of parking meters. A city shall also have the power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it hereunder.
History:
1953 Comp., § 14-51-9, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 C.J.S. Municipal Corporations § 1902 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-10 - Liability on bonds.

Neither the governing body of a city nor any person executing the bonds shall be liable personally on any bonds by reason of the issuance thereof hereunder. The bonds issued under the provisions of the Municipal Parking Law shall be payable solely from the sources provided in Section 3-50-11 NMSA 1978. Such bonds shall not be a debt, liability or general obligation of the city issuing them, and they shall so state on their face. The bonds shall not constitute a debt or indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction.
History:
1953 Comp., § 14-51-10, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-11 - Types of bonds; sources from which payable.

In order to carry out the purposes of the Municipal Parking Law, a city may issue upon proper resolution, such types of bonds as it may determine, including bonds on which the principal and interest are payable:
A. from the income and revenues of the projects financed with the proceeds of such bonds; or
B. from such income and revenues, together with financial assistance from the state or federal government in aid of such projects; or
C. from the income and revenues of certain designated parking facilities whether or not they were financed in whole or in part with the proceeds of such bonds; or
D. from any contributions, grants or other financial assistance from the state or federal government or from any other source; or
E. from parking meter revenues of the city which may be appropriated by the governing body of the city; or
F. by any combination of these methods. Any such bonds may be additionally secured by a pledge of any parking meter revenues. The governing body of a city may pledge or allocate such parking meter revenues or special taxes for periods of years for the financing or operation of any project authorized by the Municipal Parking Law and the payment of principal and interest on all or any type of bond issued and outstanding pursuant to the Municipal Parking Law, until all of such bonds have been fully paid.
History:
1953 Comp., § 14-51-11, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-12 - Form and sale of bonds.

Bonds of a city issued hereunder, shall be authorized by its resolution and may be issued in any one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding six percent per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or the bonds so issued may provide.
The bonds shall be sold for cash at not less than par at either public or private sale.
In case any of the officers of the city whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding any bonds issued pursuant to the Municipal Parking Law shall be fully negotiable.
In any suit, action or proceedings involving the validity or enforceability of any bond of a city or the security therefor, any such bond reciting in substance that it has been issued by the city to aid in financing a parking facility project to provide additional facilities for parking motor vehicles off the public streets shall be conclusively presumed to have been issued for a parking facility project of such character, and said project shall be conclusively deemed to have been planned, located and constructed in accordance with the purposes and provisions of the Municipal Parking Law.
History:
1953 Comp., § 14-51-12, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-14 - Construction of bond provisions.

The Municipal Parking Law, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
History:
1953 Comp., § 14-51-14, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-15 - Examination of bond issue by attorney general.

A city may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such bonds and proceedings conform to the provisions of the Municipal Parking Law, and are otherwise regular in form, and if such bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the attorney general shall certify in substance that such bonds are issued in accordance with the constitution and laws of the state of New Mexico.
History:
1953 Comp., § 14-51-15, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-16 - Remedies of an obligee.

An obligee of a city shall have the right in addition to all other rights which may be conferred upon such obligee, subject only to any contractual restrictions binding upon such obligee:
A. by mandamus, suit, action or proceedings at law or in equity to compel said city and the officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said city with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of said city and the fulfillment of all duties imposed under said city by the Municipal Parking Law; and
B. by suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or in violation of any of the rights of such obligee of said city.
History:
1953 Comp., § 14-51-16, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-17 - Additional remedies conferrable to an obligee.

A city shall have the power by its resolution, trust indenture, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may be otherwise conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:
A. to cause possession of any parking facility project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as the city shall continue in default;
B. to obtain the appointment of a receiver of any parking facility project of said city or any part thereof and of the rents and profits therefrom. If such receiver be appointed he may enter and take possession of such parking facility project or any part thereof and so long as the city shall continue in default operate and maintain the same, and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said city as the court shall direct; and
C. to require said city and the officers and agents thereof to account for the money actually received as if it and they were the trustees of an express trust.
History:
1953 Comp., § 14-51-17, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-18 - Bonds; exemption from taxation.

Bonds and other evidences of indebtedness issued under the provisions of the Municipal Parking Law shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
History:
1953 Comp., § 14-51-18, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-19 - Aid from federal government.

In addition to the powers conferred upon a city by other provisions of the Municipal Parking Law, a city is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any parking facility project within its area of operation; and, to these ends, to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of the Municipal Parking Law to authorize every city to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the federal government in the undertaking, acquisition, construction, maintenance or operation of any parking facility project of such city.
History:
1953 Comp., § 14-51-19, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-20 - Contracts; leases; increase of revenue.

Every contract entered into by the authority for the use of any project or the services or facilities thereof acquired, constructed or completed from the proceeds of the sale of revenue bonds shall incorporate by reference the provisions of any ordinance pursuant to which the bonds were issued. Every such contract or lease shall also refer to the provisions of the Municipal Parking Law with respect to the obligation of the city to fix fees and charges to meet the payments provided for in the Municipal Parking Law and the proceedings for the issuance of revenue bonds and all payments required to be made to the authority under such contract shall be subject to increase if and when the authority is required to increase rates or charges to meet its obligations hereunder and under any ordinance providing for the issuance of bonds.
History:
1953 Comp., § 14-51-20, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-21 - Validity of law.

If any provision of the Municipal Parking Law, or the application thereof to any person or circumstance is held invalid, the remainder of the law, or the application of such provision to other persons or circumstances, shall not be affected thereby.
History:
1953 Comp., § 14-51-21, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 50 - Municipal Parking › Section 3-50-22 - Law controlling.

Insofar as the provisions of the Municipal Parking Law are inconsistent with the provisions of any other law, the provisions of the Municipal Parking Law shall be controlling.
History:
1953 Comp., § 14-51-22, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-1 - Greater Municipality Parking Law; short title.

Sections 3-51-1 through 3-51-45 NMSA 1978, may be cited as the "Greater Municipality Parking Law."
History:
1953 Comp., § 14-52-1, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For improvement district for construction of parking facilities,
see
3-33-4, 3-33-5 NMSA 1978.
For the Municipal Parking Law,
see
3-50-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 271 to 284; 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 214, 442.
Off-street public parking facilities, municipal establishment or operation of, 8 A.L.R.2d 373.
Parking meters, installation or operation as within governmental immunity from tort liability, 33 A.L.R.2d 761.
Permissible use of funds from parking meters, 83 A.L.R.2d 625.
Pledging parking-meter revenues as unlawful relinquishment of governmental power, 83 A.L.R.2d 649.
Liability for loss of automobile left at parking lot or garage, 13 A.L.R.4th 362.
Liability for damage to automobile left in parking lot or garage, 13 A.L.R.4th 442.
Parking facility proprietor's liability for criminal attack on patron, 49 A.L.R.4th 1257.
60 C.J.S. Motor Vehicles § 28.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-2 - Finding and declaration of necessity.

It is hereby declared that:
A. there exists in cities in the state of New Mexico serious conditions of congestion of street traffic, preventing free circulation of traffic, obstructing access to and use of both public and private property, increasing traffic hazards, impeding rapid and effective fighting of fires and the disposition of police forces and endangering the public peace, health and safety;
B. this condition is caused in substantial part by insufficiency of space or accommodations for the parking of motor vehicles off the public streets;
C. the installation of parking meters and the establishment of additional parking facilities, together with all undertakings incidental or advantageous thereto for the improvement of traffic control and regulation, are public uses and purposes for which public money may be spent and private property acquired;
D. projects for such purposes will, in addition, confer special benefits on property within their environs; and
E. it is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve traffic congestion; and the necessity in the public interest for the provisions hereinafter enacted, is hereby declared as a matter of legislative determination.
History:
1953 Comp., § 14-52-2, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Off-street public parking facilities, 8 A.L.R.2d 373.
Regulation and licensing of privately owned parking places, 29 A.L.R.2d 856.
Installation or operation of parking meters as within governmental immunity from tort liability, 33 A.L.R.2d 761.
Permissible use of funds from parking meters, 83 A.L.R.2d 625.
Pledging parking-meter revenues as unlawful relinquishment of governmental power, 83 A.L.R.2d 649.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-3 - Definitions.

The following terms, wherever used or referred to in the Greater Municipality Parking Law, shall have the following respective meaning:
A. "city" or "municipality" means any incorporated city, town or village, whether incorporated under general act, special act or special charter, and H class counties. "The city" means the particular city in which a particular parking district is created;
B. "authority" or "parking authority" means any agent or agency of a city created pursuant to the Greater Municipality Parking Law;
C. "district" or "parking district" means the area or portion of a city which shall be benefited and assessed for the improvements made pursuant to the Greater Municipality Parking Law;
D. "governing body" means, in the case of a city, that body in which the legislative powers of the city are vested;
E. "bonds" means any obligation issued by a city pursuant to the Greater Municipality Parking Law;
F. "obligee" includes any bondholder, trustee or trustees for any bondholders, or lessor demising to the city property used in connection with a parking facility or any assignee or assignees of such lessor's interest, or any part thereof, and the state or the United States or any agency of either, when a party to any contract with a city by which aid or a loan is given or made to the city;
G. "project" means the acquisition, improvement or construction of parking facilities and also means parking facilities which have been acquired, improved or constructed within the area of a parking district not more than five years preceding the formation of the district, or any combination of any of the foregoing;
H. "parking facilities" means any space on the streets or off the streets used for the purpose of parking motor vehicles, and includes buildings erected above or below the surface of the ground;
I. "federal government" includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America; and
J. "real property" or "property" includes all lands, including improvements and fixtures thereon.
History:
1953 Comp., § 14-52-3, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 2.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-4 - Creation of parking authorities.

Every city, in addition to other powers conferred by the Greater Municipality Parking Law, shall have power and is hereby authorized by proper ordinance of its governing body:
A. to create as an agent of the city, an authority to be known as the "Parking Authority" of the city; and
B. to prescribe the number of members of said authority, the term of office of said members, their appointment and removal and the powers, rights and duties which they shall have and exercise.
History:
1953 Comp., § 14-52-4, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-5 - Powers of city.

Every city shall have all the powers necessary, convenient, desirable or appropriate to carry out the purposes and provisions of the Greater Municipality Parking Law including the following powers in addition to other powers conferred by the Greater Municipality Parking Law:
A. to purchase and install, maintain, regulate, operate and manage parking meters and parking spaces upon the streets of the city;
B. to purchase, acquire, lease, rent, construct, reconstruct, improve, alter, repair, maintain, operate and manage parking facilities for the parking of motor vehicles off the public streets together with public rights of way necessary or convenient therefor, including the leasing of the operation thereof, and including the leasing of a portion of the space at any such parking facility to private operators for commercial purposes, when in the judgment of the governing body it is convenient or necessary to permit such leasing in order to utilize the balance of the property as a parking facility;
C. to purchase, acquire by gift, grant, bequest or devise or otherwise, any real or personal property or any interest therein, together with the improvement thereon, to be used as parking facilities or incident thereto;
D. to insure or provide for the insurance of any parking facility established by the city against such risks and hazards as the city may deem advisable;
E. to acquire by the exercise of the power of eminent domain any real property or personal property, or any interest therein which it deems necessary for its purposes under the Greater Municipality Parking Law after the adoption by it of an ordinance declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the state of New Mexico and acts amendatory thereof or supplementary thereto. Title to property so acquired shall be taken in the name of the city;
F. to sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of the Greater Municipality Parking Law; and
G. to receive, control, invest, order the expenditure of, any and all moneys and funds pertaining to parking facilities and parking meters, or related properties, if the same are not otherwise committed.
History:
1953 Comp., § 14-52-5, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For condemnation proceedings,
see
42A-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-6 - Interested officers and employees.

It is against public policy for any officer or employee of a city to acquire any interest in any parking facilities or related properties or any commercial enterprise connected or incidental thereto, or to have any interest in any contract or proposed contract related to parking facilities, unless the officer or employee shall first disclose the same in writing to the governing body of the city. Such disclosures shall be entered upon the minutes of the governing body of the city. Upon such disclosure, such officer or employee shall not participate in any action by the city affecting such property or contract. The failure so to disclose such interest shall constitute misconduct in office and the governing body may take such action with reference to any such contract or interest as it deems advisable. Any such contract or interest shall be void at the election of the governing body.
History:
1953 Comp., § 14-52-6, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-7 - Planning, zoning and building laws.

All parking facilities of the city shall be subject to planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the parking facility is situated.
History:
1953 Comp., § 14-52-7, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-8 - Lease of parking facilities.

If a city desires to lease any project acquired by it under the provisions of the Greater Municipality Parking Law it may do so under such procedures as it shall prescribe. The city may accept such lease proposal as it deems to be in the public interest and in furtherance of the purposes of the Greater Municipality Parking Law.
History:
1953 Comp., § 14-52-8, enacted by Laws 1971, ch. 173, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 173, § 3, repealed 14-52-8, 1953 Comp., relating to lease of parking facilities, and enacted the above section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-9 - Formation of district by governing body; provisional order.

A. Whenever the governing body of any city determines that special assessments shall be levied to wholly or partially finance any project, the governing body by resolution shall direct the preparation of:
(1) preliminary plans showing:
(a) a general description of the contemplated project; and
(b) a preliminary estimate of the cost of the project, including incidental costs; and
(2) an assessment plat showing the proposed area to be assessed.
B. The resolution may provide for one or more types of construction and shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as may seem most desirable for the project complete in place.
C. The resolution shall describe and locate the project in general terms.
D. The resolution shall state:
(1) what part or portion of the expense thereof is of special benefit and therefore shall be paid by assessments; and
(2) what part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments.
E. The resolution shall:
(1) by apt description designate the parking district, including the tracts proposed to be assessed; and
(2) state that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
F. It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed district.
G. The preliminary plans and assessment plat shall forthwith be prepared and filed with the city clerk.
H. Upon the filing of the plans and plat, the governing body shall examine the same; and if the plans and plat be found to be satisfactory, the governing body by resolution shall make a provisional order to the effect that such parking district shall be formed.
History:
1953 Comp., § 14-52-9, enacted by Laws 1971, ch. 173, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 173, § 4 repealed 14-52-9, 1953 Comp., relating to formation of district by governing body, and enacted the above section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-10 - Formation of district by petition.

A. A district for the construction of any improvement authorized by the Greater Municipality Parking Law may be formed by the filing of a petition in the office of the clerk of the city in which the district is to be formed, signed by the owners of not less than one-half of the assessed value of all the real property within the tentative boundaries of the proposed district, as shown by the last preceding assessment roll of the county wherein such district is proposed to be formed.
B. The petition may be signed by any private corporation or, upon being authorized by the proper court, by a trustee, guardian, executor or administrator of an estate who is appointed as such under the laws of this state and who as such trustee, guardian, executor or administrator is entitled to exercise the rights of ownership of the real property belonging to the estate which he represents.
C. In determining whether a requisite number of property owners have signed the petition, the governing body of the city may rely upon the names appearing in the records of the county assessor, which shall be prima facie evidence of ownership.
D. The petition shall set forth:
(1) a general description of the proposed boundaries of the district;
(2) a general description of the contemplated project and its proposed location;
(3) a request that the governing body of the city declare the formation of a parking district; and
(4) a statement that the petition is filed pursuant to this section.
E. Upon filing of a petition satisfying the requirements of this section, in the office of the clerk of the city, the governing body shall proceed as if the formation of the district had been initiated by the governing body pursuant to Section 3-51-9 NMSA 1978.
History:
1953 Comp., § 14-52-10, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 5.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-11 - Formation of district; provisional order hearing; notice.

A. In the provisional order the governing body shall set a time at least twenty days thereafter and place at which the owners of the property to be assessed may appear and be heard as to the propriety and advisability of forming the parking district which has been provisionally ordered.
B. Notice shall be given:
(1) by publication in a newspaper of general circulation in the city once each week on the same weekday for two consecutive weeks, the last publication to be at least five days prior to the date of the hearing; and
(2) by mailing a copy of the notice to each of the property owners at his last known address at least ten days before such hearing. The names and addresses of the property owners shall be obtained from the records of the county assessor or from such other sources as the city clerk deems reliable.
C. Proof of publication shall be by affidavit of the publisher.
D. Proof of mailing shall be by affidavit of the person mailing the notice.
E. The notice shall describe:
(1) the project proposed (without mentioning minor details or incidentals);
(2) the estimated cost of the project and the part or portion, if any, to be paid from sources other than assessments;
(3) the fact that assessments shall be in proportion to the special benefits derived to the property comprising the proposed district;
(4) the extent of the proposed district to be assessed (by boundaries or other brief description);
(5) the maximum amount of the preliminary fund assessment, if any, to be levied against the property within the district pursuant to Section 3-51-14 NMSA 1978;
(6) the time and place when and where the governing body will consider the ordering of the proposed project and hear all objections that may be made in writing and filed with the city clerk at least two days prior thereto, or verbally at the hearing, concerning the same, by the owner of any property to be assessed; and
(7) the fact that the description of the property proposed to be assessed and all proceedings in the premises are on file and can be seen and examined at the office of the city clerk during business hours, at any time, by any person so interested.
History:
1953 Comp., § 14-52-10.1, enacted by Laws 1971, ch. 173, § 6.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-12 - Formation of district; provisional order hearing; conduct; appeal.

A. The owner of any property within the proposed district may, not less than two days preceding the hearing, file with the clerk his specific objections in writing. Any objection to the regularity, validity and correctness of the proceedings, including the validity and amount of the preliminary fund assessment, shall be deemed waived unless presented at the time and in the manner specified in this subsection.
B. At the time and place designated for hearing the objections, the governing body of the city shall hear and determine all objections that have been filed. The governing body shall have the power to adjourn the hearing and shall have power by resolution, in its discretion, to revise, correct or confirm any proceedings previously taken.
C. Within fifteen days after the publication of the ordinance forming the parking district, a person who has filed an objection, as provided in Subsection A of this section, shall have the right to appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 14-52-10.2, enacted by Laws 1971, ch. 173, § 7; 1998, ch. 55, § 15; 1999, ch. 265, § 15.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C.
The 1998 amendment,
effective September 1, 1998, in Subsection A, deleted "or owners" following "owner" and "herein" following "manner", and inserted "in this subsection"; in Subsection B, deleted "so" following "place" and "been", substituted "The" for "and said", deleted "from time to time" following "hearing", and substituted "previously" for "theretofore"; and rewrote Subsection C.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-13 - Formation of district; ordinance forming district.

A. If the governing body determines to proceed, it shall by ordinance form the parking district.
B. The ordinance shall prescribe:
(1) the extent of the district to be assessed, by boundaries or other brief description;
(2) the general nature and location of the proposed project (without mentioning minor details); and
(3) the amount or proportion of the total cost to be defrayed by assessments.
History:
1953 Comp., § 14-52-10.3, enacted by Laws 1971, ch. 173, § 8.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-14 - Preliminary fund assessment; purpose; limit.

Upon formation of a parking district, the governing body of the city shall have power by ordinance to levy a uniform special assessment upon all real property within the boundaries for the purpose of paying the expenses of traffic surveys, construction plans and assessment of benefits and damages to the surrounding real property and other incidental expenses incurred prior to receipt of money from the sale of bonds or otherwise. The rate of the assessment authorized by this section shall not exceed six dollars ($6.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon an assessment levied under this section, on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978].
History:
1953 Comp., § 14-52-11, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 9; 1986, ch. 32, § 2.
ANNOTATIONS
The 1986 amendment,
August 19, 1986, deleted "in an amount not to exceed six mills per dollar of assessed valuation to be used" after "real property within the boundaries" in the first sentence and added the last sentence.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-15 - Levying, collecting and use of preliminary fund assessment.

The preliminary fund assessment shall be levied by an ordinance of the governing body. Within thirty days after publication of the levying ordinance the clerk of the city shall serve notice in writing of the amount of each assessment on each of the property owners to be assessed by mailing to his last known address, the names and addresses of such property owners to be obtained from the records of the county assessor or from such other sources as the clerk deems reliable. The notice shall state where and on what terms the assessment must be paid, and that it is a lien upon the property assessed. Within thirty days after the publication of the levying ordinance, the clerk of the city shall prepare, sign, attest with seal of the city, and file for record with the county clerk of the county in which the property is located, a claim of lien for the unpaid amount assessed against each tract or parcel of real property, and penalties or interest which may arise thereon. If the proceeds of such assessments exceed the preliminary expenses, the surplus shall be placed in the general fund of the district and used to pay the cost of the project.
History:
1953 Comp., § 14-52-12, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-16 - Determination of location, size and nature of project.

Upon formation of a parking district, the governing body of the city shall, by means of traffic surveys, investigations and studies of present and future parking needs and other appropriate means, finally determine the proper location, nature and size of the proposed project.
History:
1953 Comp., § 14-52-13, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 10.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-17 - Preparation of plans and estimates.

Upon final determination of the location, nature and size of the proposed project, the governing body of the city shall by resolution direct the city engineer, or some other competent engineer, to prepare detailed plans of the contemplated project and a final cost estimate which shall include the advertising, appraising, engineering, printing and such other expenses as in the judgment of the engineer is necessary or essential to the completion of the project and the payment of the cost thereof. The plans and estimates shall be filed with the clerk of the city upon their completion.
History:
1953 Comp., § 14-52-14, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 11.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-18 - Appraisers; appointment; term of office; duties; pay; qualifications and replacement.

Upon completion of the plans and cost estimates for the proposed project, the governing body of the city shall appoint a board of appraisers which shall consist of three appraisers, whose terms of office shall run until the appraisals of benefits and damages are filed in the office of the clerk of the city and rendered final by failure of the property owners to protest or by approval after hearing on the protest.
The duties of the board of appraisers shall be to appraise all benefits and damages accruing to all real property within or without the tentative boundaries of the district by reason of the making of the proposed project.
The governing body of the city by ordinance shall prescribe the qualifications and the compensation of the appraisers, the government of the board and methods for filling vacancies on the board or for the replacement of members of the board.
History:
1953 Comp., § 14-52-15, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-19 - Appraisal of benefits.

The amount of the special assessment shall be proportional to the benefits conferred upon the property by the project and, in determining a method of apportioning benefits and assessments, the board of appraisers may consider ad valorem valuation, location, size, use, zoning classification, parking requirements, any other basis, or any combination of the foregoing, which it may deem to be equitable.
History:
1953 Comp., § 14-52-16, enacted by Laws 1971, ch. 173, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 173, § 12, repealed 14-52-16, 1953 Comp., relating to appraisal of benefits, and enacted the above section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-20 - Preparation of assessment rolls.

Upon the filing in the office of the clerk of the city of detailed plans and final cost estimates for the project, the board of appraisers shall make out a special assessment roll, entering and describing therein all of the lots and parcels of real property to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, the amount of the benefits conferred thereon, and the amount to be assessed thereon.
History:
1953 Comp., § 14-52-17, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 13.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-21 - Inclusion of benefited property not within the proposed boundaries.

If the special assessment roll includes real property not located within the proposed boundaries of the parking district as being benefited by the proposed project, the governing body of the city shall, if the parking district has been formed by the governing body of the city pursuant to Section 3-51-9 NMSA 1978, by ordinance declare the boundaries of the parking district changed to include such property. If the parking district has been formed by petition, and the special assessment roll includes real property not located within the proposed boundaries of the parking district as benefited by the proposed project, the governing body shall by ordinance declare the boundaries of the parking district changed to include such property if the signatures on the petition were of owners of not less than one-half of the assessed value of all of the real property within the boundaries of the parking district after such change. If the original petition does not contain the signatures of owners of the required amount of property, a supplemental petition may be filed to add signatures of owners of additional property to the original petition. The additional signatures may be of owners of property located within the boundaries as they are proposed to be changed, whether the property is within or without the original proposed boundaries of the parking district.
History:
1953 Comp., § 14-52-18, enacted by Laws 1965, ch. 300.