reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-2 - Definitions.

As used in the Special District Procedures Act:
A. "special district" means any single or multipurpose district organized or that may be organized as a local public body of this state for the purpose of constructing and furnishing any urban-oriented service which another political subdivision of the state is authorized to perform, including but not limited to the services of water for domestic, commercial or industrial uses, sewage, garbage, refuse collection and recreation, but excluding the functions or services of drainage, irrigation, reclamation, soil and water conservation or flood control;
B. "county officer" means an elected county official or a member of the board of county commissioners;
C. "city officer" means a mayor or a member of the governing authority of municipality; and
D. "commission" means a county special district commission.
History:
1953 Comp., § 15-53-2, enacted by Laws 1965, ch. 291, § 2.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-3 - County special district commission.

A. There shall be created in each county of the state a "county special district commission" consisting of five members selected as follows:
(1) two members appointed by the board of county commissioners, each of whom shall represent the county and shall be a county officer;
(2) two members appointed by the mayors or chief executives of all municipalities within the county at a joint meeting, each of whom shall represent the municipalities and shall be a city officer; and
(3) one member appointed by the other four members of the commission, who shall be chairman of the commission and shall represent the general public in the county. If within five days following their appointment, the four other members of the commission fail to appoint the fifth member of the commission, the district court of the county in which the commission is located shall appoint the fifth member of the commission within ten days following the date of the appointment of the four other members of the commission.
B. The term of each member shall be four years and until the appointment and qualification of his successor, except that the term of each county officer and each city officer shall expire upon the termination of his county or city office. Any city or county member may be removed by his appointing authority.
C. Vacancies on the commission shall be filled for the unexpired term by the appointing authority which originally appointed the member whose position has become vacant. Commission members shall serve without compensation but shall be reimbursed the actual amounts for their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office, which amounts shall not exceed the amounts permitted for such purposes in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
D. Prior to establishment of a commission in a county, any proposals for the creation of a special district, or petition for the merger, consolidation or dissolution of an existing special district shall be submitted to the county clerk as otherwise provided in the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978]. Upon receipt of the proposal or petition the clerk shall immediately notify the board of county commissioners of the county and each of the governing authorities of all municipalities in the county of such receipt. The counties and municipalities shall then proceed to establish a commission.
History:
1953 Comp., § 15-53-3, enacted by Laws 1965, ch. 291, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-4 - Powers and duties of commission.

The commission may:
A. review and approve, or disapprove with or without amendment, wholly, partially or conditionally, proposals to create special districts within the county;
B. review and approve, or disapprove petitions for the dissolution, consolidation or merger of special districts within the county; and
C. adopt standards and procedures consistent with the provisions of the Special District Procedures Act for the evaluation of proposals for the creation, dissolution, consolidation and merger of special districts.
History:
1953 Comp., § 15-53-4, enacted by Laws 1965, ch. 291, § 4.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-5 - Proposals for creation of special districts.

A. Any proposal for the creation of a special district shall be submitted to the commission prior to any election or court hearing provided in the law authorizing the creation of the special district by those parties authorized by law to initiate proceedings for the creation of a special district.
B. Upon receiving notice of a proposal to create a special district, the commission shall direct the county clerk to give notice of the proposal to create a special district to:
(1) each municipality within twenty miles of the territory of the proposed district;
(2) each special district with boundaries adjacent to the proposed boundaries of the proposed district and which is performing the same type of service that the proposed district would perform; and
(3) the board of county commissioners.
C. At the same time the commission shall cause to be published in a newspaper of general circulation in the county an announcement of its receipt of the proposal, and notice of intention to hold a public hearing on a proposal to create the proposed district, which hearing shall be held not less than twenty nor more than forty days from receipt of the notification of the proposal to create the special district.
History:
1953 Comp., § 15-53-5, enacted by Laws 1965, ch. 291, § 5.
ANNOTATIONS
Cross references.
— For factors to be considered in creation of district,
see
4-53-8 NMSA 1978.
For multi-county special districts,
see
4-53-9 NMSA 1978.
For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-6 - Merger, consolidation or dissolution of special district.

A. Any municipality, county or special district may by resolution adopted by its governing body, petition the commission requesting the merger, dissolution or consolidation of any special district within the county. Merger or consolidation petitions shall include information as will permit the commission to evaluate the degree to which the proposed action will permit more effective and efficient performance of the service provided by the special district.
B. The resident property owners of any special district may petition the commission requesting the merger, dissolution or consolidation of any special district in which they reside. The petition shall be signed by at least twenty percent of the property owners actually residing within the territory of the special district.
C. Upon receipt of a petition for the merger, dissolution or consolidation of a special district, the commission shall direct the county clerk to notify the governing authorities of each political subdivision specified in Subsection B of Section 5 [4-53-5 NMSA 1978], and the governing body of the special district which is the subject of the petition. At the same time the commission shall cause to be published an announcement of such petition and the hearing to be held thereon in the manner provided in Subsection C of Section 5.
History:
1953 Comp., § 15-53-6, enacted by Laws 1965, ch. 291, § 6.
ANNOTATIONS
Cross references.
— For factors to be considered in merger, consolidation or dissolution of district,
see
4-53-8 NMSA 1978.
For multi-county special districts,
see
4-53-9 NMSA 1978.
For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-7 - Hearings.

At public hearings held pursuant to the Special District Procedures Act, the commission shall hear any interested party having made a written request to be heard, and shall receive any reports on the proposal before it. The commission may make and enforce any rules and regulations as necessary for the orderly and fair hearing on the issues before it.
History:
1953 Comp., § 15-53-7, enacted by Laws 1965, ch. 291, § 7.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-8 - Factors to be considered.

A. Factors to be considered in the review of a proposal for creation, consolidation, merger or dissolution of a special district shall include but not be limited to:
(1) population; population density; land area; land use; per capita assessed valuation; topography, natural boundaries and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas during the next ten years;
(2) need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for such services and controls; probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas; and the probable effect of the proposed action on the total tax and indebtedness burden upon the taxpayers of the area;
(3) the effect of the proposed action, and of alternative actions, on adjacent areas, on mutual social and economic interests and on the local government structure of the county.
B. Any municipality, county or special district receiving notification of hearing to be held by the commission may:
(1) in the case of a petition for creation of a new special district indicate to the commission its willingness and ability to provide the service to be undertaken by the proposed district. The notification shall include references to appropriate statutory authority empowering the municipality, county or special district to assume responsibility for providing the service within the territory of the proposed district and shall include appropriate evidence of its financial ability to provide the services. It may also include reasons why it, rather than the proposed district, should provide the service.
(2) in the case of petition for the dissolution, consolidation or merger of a special district, submit to the commission its recommendations concerning such proposals. If the petition for dissolution, consolidation or merger is based upon a municipality, county or special district assuming the function undertaken by the subject special district, the notification shall include references to appropriate statutory authority empowering the municipality, county or special district to assume responsibility for providing the services with [within] the territory of the subject district and shall include appropriate evidence of its financial ability to provide the services. It may also include reasons why it, rather than the subject district, should provide the services.
History:
1953 Comp., § 15-53-8, enacted by Laws 1965, ch. 291, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-9 - Multi-county special districts.

In the event that the territory of any special district lies in two or more counties, proposals to create, or petitions to merge, consolidate or dissolve special districts shall be forwarded to commissions in each of the counties affected. The commissions shall within ten days agree upon a date and place for a joint public hearing and shall proceed jointly as otherwise directed by the Special District Procedures Act, except that all time spans shall be measured from the date of the agreement.
History:
1953 Comp., § 15-53-9, enacted by Laws 1965, ch. 291, § 9.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-10 - Decisions of commission.

A. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within thirty days following conclusion of the hearing, present its decision. The commission may also adjourn a hearing from time to time, but not to exceed a total of thirty days.
B. If the commission approves the formation of the proposed special district, proceedings for its formation may be continued as otherwise provided by law. If the commission approves the proposed formation with modifications or conditions, further proceedings for the special district's formation may be continued only in compliance with such modifications or conditions. If the commission disapproves the formation of the proposed special district no further action shall be taken to create the special district and notice of intention to create such a district may not be presented to the commission for at least two years after the date of disapproval.
C. The commission may order the merger, dissolution or consolidation of a special district where the factors specified in Section 8 [4-53-8 NMSA 1978] indicate the action is appropriate and [it] finds:
(1) that a petitioning municipality, county or existing special district adjacent to the subject district can provide the service to the residents of the subject district more effectively and more economically; or
(2) where it finds that there is no longer a need for the service provided by a subject district.
D. Decisions approving proposals for the merger, consolidation or dissolution of a special district shall provide for the equitable disposition of the assets of the subject district, for the adequate protection of the legal rights of the employees of the special district and for adequate protection of the legal rights of creditors; provided that no provision of the Special District Procedures Act shall be construed as to relieve any bonded indebtedness of a merged, consolidated or dissolved special district which is subject to any tax levied upon property in the district.
History:
1953 Comp., § 15-53-10, enacted by Laws 1965, ch. 291, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 53 - Special District Procedures › Section 4-53-11 - Administration.

The usual and necessary operating expenses incurred by the commission shall be prorated among the municipalities in the county by an agreement between the county and such municipalities.
History:
1953 Comp., § 15-53-11, enacted by Laws 1965, ch. 291, § 11.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 54 - Community Service Districts › Section 4-54-1 - Short title.

This act [4-54-1 to 4-54-5 NMSA 1978] may be cited as the "Community Service District Act".
History:
1953 Comp., § 15-54-1, enacted by Laws 1965, ch. 283, § 1.
ANNOTATIONS
Cross references.
— For refuse disposal districts,
see
4-52-1 NMSA 1978 et seq.
For the Special District Procedures Act,
see
4-53-1 NMSA 1978 et seq.
For playgrounds and recreational facilities,
see
5-4-1 NMSA 1978 et seq.
For water and sanitation districts,
see
73-21-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 54 - Community Service Districts › Section 4-54-2 - Definitions.

As used in the Community Service District Act:
A. "community service district" means any single or multipurpose special district organized as a local public body of this state for the purpose of constructing and furnishing any urban-oriented service which another political subdivision of this state is authorized to perform, including but not limited to the services of water for domestic, commercial or industrial uses, sewage, garbage, refuse collection and recreation, but not including the function [functions] or services of drainage, irrigation, reclamation, soil and water conservation or flood control;
B. "governing authority" means any board, commission or other governing body responsible for the conduct of the affairs of the community service district; and
C. "negotiable securities" means any security issued by a community service district representing indebtedness of the district and including but not limited to bonds.
History:
1953 Comp., § 15-54-2, enacted by Laws 1965, ch. 283, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 54 - Community Service Districts › Section 4-54-3 - Procedure for issuing negotiable securities.

A. Any community service district issuing negotiable securities for the construction or acquisition of any facilities necessary to carry on the purpose of the district shall issue the negotiable securities in the manner provided in this section.
B. Prior to the issuing of any negotiable securities, the governing authority of the district shall hold a public hearing on the question of issuing the negotiable securities. Notice of the public hearing shall be published once each week for three successive weeks in a newspaper of general circulation within the community service district and the last publication shall not be less than three nor more than ten days before the date of the public hearing. The notice shall state the purpose of the hearing and the date, time and place where it will be conducted by the governing authority.
C. At the date, time and place specified in the notice, the governing authority shall hold the hearing, at which time it shall determine if the negotiable securities shall be issued. If the governing authority determines that the negotiable securities should be issued, it may issue and sell the negotiable securities in conformity with the provisions of the law authorizing the community service district; provided that:
(1) the negotiable securities of the community service district:
(a) shall bear an interest rate of not more than six percent a year;
(b) are sold at par value; and
(c) are sold at public sale after notice of the proposed sale is published in a newspaper of general circulation within the community service district; and
(2) the total value of the outstanding negotiable securities of the community service district do [does] not exceed in the aggregate, at any one time, more than five percent of the assessed valuation of the community service district.
History:
1953 Comp., § 15-54-3, enacted by Laws 1965, ch. 283, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 1 et seq.
20 C.J.S. Counties §§ 208 to 226.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 54 - Community Service Districts › Section 4-54-4 - Tax limitation.

The aggregate total of all taxes levied by a community service district for all purposes shall not exceed a rate of ten dollars ($10.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon taxes levied pursuant to the Community Service District Act, 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], of taxable property within this community service district.
History:
1953 Comp., § 15-54-4, enacted by Laws 1965, ch. 283, § 4; 1986, ch. 32, § 5.
ANNOTATIONS
Issuance of bonds.
— The limiting provisions of this section apply to the issuance of bonds.
El Dorado Utilities, Inc. v. Eldorado Area Water & Sanitation Dist
., 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
Legislative intent to incorporate section.
— A careful reading of 73-21-19 NMSA 1978 makes it clear that the legislature intended to incorporate the limiting provisions of this section into the Water and Sanitation District Act.
El Dorado Utilities, Inc. v. Eldorado Area Water & Sanitation Dist
., 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
Because a water and sanitation district can only levy taxes to pay indebtedness within the limits of this section, a district cannot issue bonds pursuant to a bond resolution that authorizes the levy of taxes beyond what this section allows.
El Dorado Utilities, Inc. v. Eldorado Area Water & Sanitation Dist
., 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 54 - Community Service Districts › Section 4-54-5 - Liberal construction.

The Community Service District Act shall be liberally construed to protect the interests and rights of the owners of the taxable property within the community service district.
History:
1953 Comp., § 15-54-5, enacted by Laws 1965, ch. 283, § 5.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55 - Special Assessment Districts for Improvements in Class A Counties (Repealed.) › Section 4-55-1 to 4-55-34 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 91, § 40, repealed 4-55-1 to 4-55-34 NMSA 1978, relating to special assessment districts for improvements in class A counties, effective March 3, 1980.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-1 - Short title.

Chapter 4, Article 55A NMSA 1978 may be cited as the "County Improvement District Act".
History:
Laws 1980, ch. 91, § 1; 1998, ch. 47, § 1.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, substituted "Chapter 4, Article 55A NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-3 - Improvement district; authorization; limitation.

A. Whenever the board determines that the creation of an improvement district is necessary for the public safety, health or welfare, the board may create an improvement district for any one or any combination of projects authorized in the County Improvement District Act by the:
(1) provisional order method; or
(2) petition method.
B. The board may adopt any ordinance or resolution necessary or proper to accomplish the purposes of the County Improvement District Act.
C. The improvement district shall include for the purpose of assessment or imposition of an improvement district property tax all the property that the board determines is benefited by the improvement authorized by the County Improvement District Act, including property used for public, governmental, charitable or religious purposes, except that of the United States or any agency, instrumentality or corporation thereof in the absence of a consent of congress, but shall not include any property within the exterior boundaries of a municipality except as provided in Section 4-55A-5 NMSA 1978 and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation.
History:
Laws 1980, ch. 91, § 3; 1991, ch. 199, § 32; 1998, ch. 47, § 3.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, in Subsection A, substituted "the County Improvement District Act" for "Chapter 4, Article 55A NMSA 1978"; in Subsection C, inserted "or imposition of an improvement district property tax", substituted "that" for "which", substituted "the County Improvement District Act" for "Sections 4-55A-1 through 4-55A-39 NMSA 1978"; substituted "used" for "utilized" and inserted "and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation".
The 1991 amendment,
effective April 4, 1991, substituted "Chapter 4, Article 55A NMSA 1978" for "Section 4 of the County Improvement District Act" in Subsection A and, in Subsection C, inserted "authorized by Sections 4-55A-1 through 4-55A-39 NMSA 1978" near the beginning, substituted "Section 4-55A-5 NMSA 1978" for "Section 5 of the County Improvement District Act" at the end, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-4.1 - Improvement district; additional purpose.

An improvement district may also be created as authorized in Chapter 4, Article 55A NMSA 1978 in order to construct, repair or maintain improvements in one or more locations as a means to stimulate manufacturing, industrial, commercial or business development or to construct or acquire, repair, operate and maintain one or more of the following inadequacies necessary to bring a premature subdivision into compliance within an improvement district within a municipality:
A. street right-of-way or street access control;
B. drainage easements or right-of-way;
C. park, recreation or open-space areas;
D. overall grading and drainage plan; and
E. adequate subdivision grading both on or off the public right-of-way.
History:
Laws 1991, ch. 17, § 4; Laws 1991, ch. 199, § 34.
ANNOTATIONS
Compiler's notes.
— Laws 1991, ch. 17, § 4 and Laws 1991, ch. 199, § 34 enacted similar versions of this section. The section was set out as enacted by Laws 1991, ch. 199, § 34.
See
12-1-8 NMSA 1978. The introductory paragraph in the Laws 1991, ch. 17, § 4 version read "An improvement district may also be created as authorized in Section 4-55A-3 NMSA 1978 in order to construct or acquire, repair, operate and maintain one or more of the following inadequacies necessary to bring a premature subdivision into compliance within an improvement district within a county". The only other difference was that in the Laws 1991, ch. 17, § 4 version "or" instead of "and" appeared at the end of Subsection D.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-5 - Improvement district; powers of a county.

Every county shall have the power to construct improvements authorized by the County Improvement District Act on any location within the boundaries of the county, a municipality or another county. Improvements shall be constructed pursuant to the powers granted in the County Improvement District Act only if the governing body of the municipality or the board of county commissioners of such other county in which such improvements are to be made has, by resolution submitted to the board of county commissioners of the county, determined:
A. that the construction of such improvements is in the best interests of the municipality or such other county;
B. that the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the municipality or such other county is determined in the same manner as the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the county; and
C. that the owners of real property representing at least fifty-one percent of the total assessed valuation of the property benefited, which lies within the municipality or such other county, have not objected in writing to such improvements within thirty days after having received written notice of the adoption of the provisional order described in Subsection E of Section 4-55A-11 [4-55A-7] NMSA 1978 by the board of county commissioners. The board of county commissioners may enter into a joint powers agreement with the governing body of the municipality or the board of county commissioners of such other county to provide for joint administration of any such improvement district.
History:
Laws 1980, ch. 91, § 5; 1991, ch. 199, § 35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler to correct an apparently erroneous internal reference and is not part of the law.
The 1991 amendment,
effective April 4, 1991, rewrote this section which read "Every county shall have the power to construct improvements authorized by the County Improvement District Act on or through any street or right-of-way one side of which lies within the boundaries of a municipality. The board may enter into a joint powers agreement with the governing body of the municipality to provide for joint administration of any such improvement district".
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-6 - Improvement district; limitations on powers of county with respect to street or right of way under jurisdiction of state transportation commission.

The county shall not construct improvements on or through any street or right of way under the jurisdiction of the state transportation commission unless it receives prior written approval from the state transportation commission to undertake such improvements.
History:
Laws 1980, ch. 91, § 6; 2003, ch. 142, § 2.
ANNOTATIONS
Cross references.
— For jurisdiction of state transportation commission,
see
67-3-14 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-8 - Improvement district; notice of assessment; protests.

A. The notice of the provisional order creating an improvement district shall:
(1) contain the time and place when the board shall hold a hearing on the provisional order creating the improvement district;
(2) describe the improvement to be constructed and the general location thereof; and
(3) state that any interested person may ascertain in the office of the county clerk:
(a) a description of the property to be assessed; and
(b) the maximum amount of benefit estimated to be conferred on each tract or parcel of land.
B. Not more than thirty days nor less than ten days before the day of the hearing, the county clerk, his deputy or the engineer shall mail the notice of the hearing on the provisional order to the owner of the tract or parcel of land being assessed the cost of the improvement at his last known address. The name and address of the owner of each tract of land shall be obtained from the records of the county assessor or any other source the county clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the county clerk, his deputy or the engineer, and shall be filed in the office of the county clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in the County Improvement District Act.
C. Notice of the hearing shall also be published once each week for three consecutive weeks and the last publication shall be at least one week prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the county clerk.
History:
Laws 1980, ch. 91, § 8.
ANNOTATIONS
Cross references.
— For payment of notice of order,
see
14-11-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-9 - Improvement district; provisional order; protest; action in district court.

A. At the hearing of the board on the provisional order creating an improvement district, any interested person or owner of property to be assessed for the improvement may file a written protest or objection questioning the:
(1) propriety and advisability of constructing the improvement;
(2) estimated cost of the improvement;
(3) manner of paying for the improvement; or
(4) estimated maximum benefit to each individual tract or parcel of land.
B. The board may recess the hearing from time to time so that all protestants may be heard.
C. Within thirty days after the board, by adoption of a resolution, has:
(1) concluded the hearing;
(2) determined:
(a) the advisability of constructing the improvement; and
(b) the type and character of the improvement; and
(3) created the improvement district; any person who during the hearing filed a written protest with the board protesting the construction of the improvement may commence an action in district court to correct or set aside the determination of the board. After the lapse of thirty days after adoption of the resolution by the board, any action attacking the validity of the proceedings and the amount of benefit to be derived from the improvement is perpetually barred. Where no person has filed a written protest during the hearing and all owners of property to be assessed, upon conclusion of the hearing submit to the governing body written statements in favor of the creation of the improvement district for the types and character of improvements indicated in the provisional order, such owners shall be deemed to have waived their right to bring any action challenging the validity of the proceedings or the amount of benefit to be derived from the improvements.
History:
Laws 1980, ch. 91, § 9; 1991, ch. 199, § 37.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, substituted "estimated maximum benefit to each" for "amount to be assessed against the" at the beginning of Subsection A(4) and, in Subsection C, inserted "by adoption of a resolution" in the introductory phrase, substituted "adoption of the resolution by" for "the determination of" in the first full sentence in Paragraph (3) and added the final sentence in Paragraph (3).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-10 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

A. Whenever the owners of sixty-six and two-thirds percent or more of the total assessed valuation of the property described in Subsection C of Section 4-55A-3 NMSA 1978, but exclusive of any land owned by the United States or the state of New Mexico, petition the board in writing to create an improvement district and construct the improvement described in the petition, the board may:
(1) create the improvement district;
(2) select the type of material and method of construction to be used; and
(3) proceed with the construction of the improvement as authorized in Section 4-55A-14 NMSA 1978 after complying with the requirements for a preliminary hearing required in this section. A governing body of a municipality, board of county commissioners or local board of education may sign a petition seeking the improvement for any land under its control. The submission of separate petitions for any one improvement district within a six-month period shall be considered as a single petition.
B. The board may:
(1) pay the cost of the improvement;
(2) assess the cost of the improvement against the benefiting tracts or parcels of land;
(3) pay part of the cost of the improvement and assess part of the cost of the improvement against the benefiting tracts or parcels of land; or
(4) impose an improvement district property tax pursuant to the County Improvement District Act.
C. If any part or all of the cost of the improvement sought to be constructed as authorized in this section is to be assessed against the benefiting tracts or parcels of land or paid for by the imposition of an improvement district property tax, the board shall hold a preliminary hearing on the proposed improvement district and give notice of the preliminary hearing.
History:
Laws 1980, ch. 91, § 10; 1991, ch. 199, § 38; 1998, ch. 47, § 4.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, in Subsection A, substituted "described in Subsection C of Section 4-55A-3 NMSA 1978, but" for "to be benefited"; added Subsection B(4); in Subsection C, inserted "or paid for by the imposition of an improvement district property tax"; and made minor stylistic changes.
The 1991 amendment,
effective April 4, 1991, in the introductory paragraph in Subsection A, substituted "total assessed valuation of the property to be benefited" for "front feet of any tracts or parcels of land", deleted "which abuts on a street or road" following "New Mexico" and made a minor stylistic change; in Subsection A(3), substituted "Section 4-55A-14 NMSA 1978" for "Section 14 of the County Improvement District Act" in the first sentence and substituted "for any one improvement district" for "on any one street" in the second sentence; substituted "benefiting tracts or parcels" for "abutting tract or parcel" in Subsections B(2) and B(3); and substituted "tracts or parcels" for "tract or parcel" in Subsection C.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-11 - Improvement district; notice of preliminary hearing.

A. The notice of the preliminary hearing required in Section 4-55A-10 NMSA 1978 shall contain:
(1) the time and place when the board will hold a preliminary hearing on the proposed improvement;
(2) the estimated cost of the improvement;
(3) the boundary of the improvement district;
(4) the route of the improvement by streets or roads or location of the improvements;
(5) the location of the proposed improvement;
(6) a description of each property to be assessed or against which an improvement district property tax is to be imposed;
(7) the estimated amount of the assessment against or property tax imposed upon each tract or parcel of land; and
(8) the amount of the cost to be assumed by the county, if any.
B. If the owners are found within the county, the notices shall be personally served on them at least thirty days prior to the day of the hearing. The notice shall also be published in a newspaper published in the county once each week for four successive weeks. The last publication shall be at least three days before the day of the preliminary hearing.
History:
Laws 1980, ch. 91, § 11; 1991, ch. 199, § 39; 1998, ch. 47, § 5.
ANNOTATIONS
Cross references.
— For payment of notice of hearing,
see
14-11-7 NMSA 1978.
The 1998 amendment,
effective July 1, 1998, in Subsection A(6), inserted "or against which an improvement district property tax is to be imposed" and in Subsection A(7), inserted "or property tax imposed upon".
The 1991 amendment,
effective April 4, 1991, in Subsection A, substituted "Section 4-55A-10 NMSA 1978" for "Section 10 of the County Improvement District Act" in the introductory phrase, added "or location of the improvements" at the end of Paragraph (4), and substituted "location" for "places of commencement and end" in Paragraph (5).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-13 - Improvement district; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

A. Whenever the board:
(1) elects to order the construction of a street or road as authorized in the County Improvement District Act;
(2) uses county owned or leased equipment to construct the street or road; and
(3) determines what portion of the estimated cost of the construction shall be paid by tract or parcel of land benefited or to be benefited by the construction,
the assessment may be levied and the installments collected prior to the commencement of work and as work progresses according to the terms of payment fixed by the board.
B. The construction shall commence within sixty days after the payment of the first installment of the assessment and be diligently prosecuted so that the construction is completed within one year from the date of commencement. At the end of the one-year period, any tract or parcel of land that has not received the benefits provided by this section shall be released of any lien assessed against the tract or parcel of land by reason of this section and all assessment money collected from each owner of a tract or parcel of land so assessed and not benefited shall be returned.
C. All assessment money collected under this section shall be held by the county treasurer in a special account as a separate fund and used only for constructing the improvement, including the purchasing or leasing of necessary equipment. The use of the special fund for any purpose other than that required under this section by any public official, treasurer or member of the board is prohibited and is a felony punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the penitentiary for not more than two years or by both fine and imprisonment in the discretion of the court.
History:
Laws 1980, ch. 91, § 13.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-14 - Improvement district; advertising for bids; county may do work; contribution by governmental agency.

A. If a continuous area proposed to be improved on any one street or road exceeds five hundred feet in length, the board, before using county equipment and employees to construct the improvement, shall advertise for bids for the construction of the improvement and award the contract for the construction of the improvement to the lowest responsible bidder; provided, however, a county may construct the improvement using the same specifications upon which bids were requested if:
(1) the county can guarantee to construct the improvement for an amount less than the lowest bid amount and not assess the benefiting tracts or parcels of land an amount in excess of the lowest responsible bid if a bid is received; or
(2) the county receives no bids for the construction of the improvement.
B. A county using county owned or leased equipment and county employees in constructing an improvement may cooperate with another governmental agency which contributes money, labor or a portion of the cost of materials towards completion of the improvement.
History:
Laws 1980, ch. 91, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Standing of disappointed bidder on public contract to seek damages under 42 USCS § 1983 for public authorities' alleged violation of bidding procedures, 86 A.L.R. Fed. 904.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-15 - Notice of bid; acceptance of bid.

A. After the board creates an improvement district, the board may proceed as authorized in Section 13 or 14 [4-55A-13 or 4-55A-14 NMSA 1978] of the County Improvement District Act or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978.
B. After advertising for bids, the county may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications.
C. The board shall award the contract to the lowest responsible bidder unless the board:
(1) elects to construct the improvement as authorized in Section 13 or 14 [4-55A-13 or 4-55A-14 NMSA 1978] of the County Improvement District Act;
(2) rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner:
(a) if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or
(b) if three or more bids are received, the county may reject any or all bids but shall readvertise and accept new bids; and
(c) if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the board declaring the reasons for the rejection and the county may then purchase the required items on the open market at the best documented price.
History:
Laws 1980, ch. 91, § 15.
ANNOTATIONS
Compiler's notes.
— Section 13-1-11 NMSA 1978, referred to in the second sentence in Subsection A, was repealed in 1984. For present comparable provisions,
see
13-1-105 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-16 - Improvement district; assessment of railroad property.

The board may assess the property of any railroad or street railroad which occupies or abuts any street the whole cost of the improvement between or under the rails or tracks and two feet on each side of the rail or track of the railroad or street railroad. The assessment shall be levied as other assessments are levied and shall constitute a lien coequal with the lien of other taxes and prior and superior to all other liens, claims and titles, and may be enforced by sale of the railroad or street railroad property or by suit against the owner of the railroad or street railroad.
History:
Laws 1980, ch. 91, § 16.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55A - County Improvement Districts › Section 4-55A-17 - Improvement district; assessment roll; notice of assessment hearing.

A. After the contract has been awarded and the board determines the total cost of the improvement to the county, the board shall determine what portion of the total cost of the improvement shall be assessed against the benefited tract or parcel of land. The assessment, including the cost of the improvement at an intersection, shall not exceed the estimated benefit to the tract or parcel of land assessed.
B. With the engineer, the board shall prepare and cause to be filed in the office of the county clerk an assessment roll containing, among other things:
(1) the name of the last known owner of the tract or parcel of land to be assessed, or if his name is unknown, state "unknown";
(2) a description of the tract or parcel of land to be assessed; and
(3) the amount of the assessment against each tract or parcel of land.
C. After the filing of the assessment roll, the board shall, by resolution, set a time and place for the assessment hearing when an owner may object to the amount of the assessment.
D. Not more than thirty days nor less than ten days before the day of the hearing, the county clerk, his deputy or the engineer shall mail the notice of the hearing on the assessment roll to the owner of the tract or parcel of land being assessed the cost of the improvement at his last known address. The name and address of the owner of each tract of land shall be obtained from the records of the county assessor or any other source the county clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the county clerk, his deputy or the engineer and shall be filed in the office of the county clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in the County Improvement District Act. The notice of the hearing shall also be published once each week for three consecutive weeks and the last publication shall be at least one week prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the county clerk.
History:
Laws 1980, ch. 91, § 17.