2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 15 - Tax Increment for Development › Section 5-15-16 - Bonding authority; gross receipts tax increment.

A. A district may issue gross receipts tax increment revenue bonds, the pledged revenue for which is a gross receipts tax increment dedicated in accordance with the provisions of the Tax Increment for Development Act, for any one or more of the purposes authorized by that act.
B. A district may pledge irrevocably the revenue from a gross receipts tax increment received by the district to the payment of the interest on and principal of the gross receipts tax increment bonds for any of the purposes authorized in the Tax Increment for Development Act. A law that imposes or authorizes the imposition of a municipal or county gross receipts tax or that affects the municipal or county gross receipts tax shall not be repealed, amended or otherwise directly or indirectly modified in any manner to adversely impair any outstanding gross receipts tax increment bonds that may be secured by a pledge of any municipal or county option gross receipts tax increment, unless those outstanding bonds have been discharged in full or provision has been fully made for those bonds.
C. Revenues in excess of the annual principal and interest due on gross receipts tax increment bonds secured by a pledge of gross receipts tax increment revenue may be accumulated in a debt service reserve account. The district may appoint a commercial bank trust department to act as paying agent or trustee of the gross receipts tax increment revenue and to administer the payment of principal of and interest on the bonds.
D. Except as otherwise provided in the Tax Increment for Development Act, gross receipts tax increment bonds:
(1) may have interest, principal value or any part thereof payable at intervals or at maturity as may be determined by the governing body;
(2) may be subject to a prior redemption at the district's option at a time and upon terms and conditions, with or without the payment of a premium, as determined by the district board;
(3) may mature at any time not exceeding twenty-five years after the date of issuance;
(4) may be serial in form and maturity, may consist of one bond payable at one time or in installments or may be in another form determined by the district board;
(5) shall be sold for cash at, above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] and the Public Securities Short-Term Interest Rate Act [6-18-1 to 6-18-16 NMSA 1978]; and
(6) may be sold at public or negotiated sale.
E. At a regular or special meeting, the district board may adopt a resolution that:
(1) declares the necessity for issuing gross receipts tax increment bonds;
(2) authorizes the issuance of gross receipts tax increment bonds by an affirmative vote of a majority of all the members of the district board; and
(3) designates the sources of gross receipts increments thereof to be pledged to the repayment of the gross receipts tax increment bonds.
History:
Laws 2006, ch. 75, § 16; 2019, ch. 275, § 4.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, added clarifying language; in Subsection A, after "gross receipts tax increment", added "dedicated in accordance with the provisions of the Tax Increment for Development Act", and after "authorized by", deleted "the Tax Increment for Development"; in Subsection B, after "irrevocably", deleted 'any or all of" and added "the revenue from", and after "municipal or county", added "option"; and in Subsection D, in Paragraph D(5), after "Public Securities Act and the", added "Public Securities".
Applicability.
— Laws 2019, ch. 275, § 10 provided that the provisions of this act shall not apply to dedications of gross receipts tax increments by the state board of finance made prior to July 1, 2019.