A. Whenever a governing body determines that the creation of an improvement district is necessary for the public safety, health or welfare, the governing body may create an improvement district for any one or any combination of projects authorized in Chapter 3, Article 33 NMSA 1978 by the: (1) provisional order method; or (2) petition […]
The municipality shall not construct improvements authorized by Section 3-33-3 NMSA 1978 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: 1953 Comp., § 14-32-3.7, enacted by Laws 1977, ch. 325, […]
A. Whenever the governing body determines that the creation of an improvement district is necessary by the provisional order method, the governing body shall by resolution direct the engineer to prepare preliminary plans and an estimate of cost for the proposed improvement district. B. The resolution shall: (1) describe in general terms the property to […]
A. The notice of the provisional order creating an improvement district shall: (1) contain the time and place when the governing body 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 […]
A. At the hearing of the governing body on the provisional order creating an improvement district, an 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 […]
A. Whenever the owners of sixty-six and two-thirds percent or more of the total assessed valuation of the property to be benefited, exclusive of any land owned by the United States or the state of New Mexico, petition in writing the governing body to create an improvement district and construct the improvement described in the […]
A. If in connection with the creation of the improvement district the governing body determines that it is in the best interest of the municipality to finance the district improvements by the imposition of an improvement district property tax and the issuance of improvement district general obligation bonds, the governing body shall enact an ordinance […]
A. The notice of the preliminary hearing required in Section 3-33-14 NMSA 1978 shall contain: (1) the time and place when the governing body 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 […]
A. At the preliminary hearing of the governing body on the question of creating an improvement district as authorized in Section 3-33-14 NMSA 1978, an owner of a tract or parcel of land to be assessed or upon which it is proposed to impose an improvement district property tax may contest: (1) the proposed assessment […]
A. Whenever the governing body of a municipality having a population of less than twenty-five thousand persons: (1) elects to order the construction of a street as authorized in Sections 3-33-1 through 3-33-43 NMSA 1978; (2) uses municipally owned or leased equipment to construct the street; and (3) determines what portion of the estimated cost […]
A. If a continuous area proposed to be improved on any one street exceeds five hundred feet in length, the governing body, before using municipal 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 […]
A. After the governing body creates an improvement district, the governing body may proceed as authorized in Section 3-33-17 or 3-33-18 NMSA 1978, 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 [repealed]. B. After […]
As used in Chapter 3, Article 33 NMSA 1978: A. “adjustment of assessment” means the adjustment in the estimated maximum benefit or assessment resulting from the division of the property to be assessed or assessed into smaller tracts or parcels or the combining of smaller parcels into one or more larger parcels or the changing […]
The governing body 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 […]
A. After the contract has been awarded and the governing body determines the total cost of the improvement to the municipality, the governing body 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 […]
A. Not later than three days before the date of the hearing on the assessment roll, an owner of a tract or parcel of land that is listed on the assessment roll may file his specific objections in writing with the municipal clerk. Unless presented as required in this section, an objection to the regularity, […]
A. The governing body may, by ordinance: (1) establish the time and terms of paying the assessment or installments on the assessment, including but not limited to any provision for differing optional time periods over which installments of assessments for the same district may be paid and, at the discretion of the governing body, differing […]
A. To pay all or any part of the cost of the improvement, including those items set out in Subsection C of Section 3-33-11 NMSA 1978, the governing body may proceed pursuant to the provisions of Section 3-33-14.1 NMSA 1978 or may issue in the name of the municipality bonds in such form as the […]
A. If the governing body fails or refuses to foreclose and sell a tract or parcel of land for the delinquent assessment or installment of the assessment as required in Section 3-33-26 NMSA 1978, any holder of a bond or assignable certificate secured by the assessment may foreclose the assessment lien on such delinquent property […]
A. Whenever an improvement district has been created and bonds or assignable certificates have been issued to finance the improvement, a municipality shall: (1) act as agent for the collection of the assessments; (2) collect the assessments when due; (3) act as trustee for the benefit of the holders of the bonds or assignable certificates; […]
