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 responsible bidder; provided, however, a municipality may construct the improvement using the same specifications upon which bids were requested if:
(1) the municipality 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 municipality receives no bids for the construction of the improvement.
B. A municipality using municipally owned or leased equipment and municipal 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: 1953 Comp., § 14-32-11, enacted by Laws 1965, ch. 300.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of "changed conditions" clause in public works or construction contract with state or its subdivision, 56 A.L.R.4th 1042.
63 C.J.S. Municipal Corporations §§ 1150, 1157.
Structure 2021 New Mexico Statutes
Article 33 - Improvement Districts
Section 3-33-1 - Improvement district; authorization.
Section 3-33-2 - Improvement district; definitions.
Section 3-33-3 - Improvement district; purpose.
Section 3-33-4 - Improvement district; additional purpose.
Section 3-33-4.1 - Improvement district; additional purpose.
Section 3-33-5 - Improvement district; powers of municipality.
Section 3-33-6 - Improvement district; additional purpose.
Section 3-33-6.1 - Improvement district; additional purpose.
Section 3-33-7 - Improvement district; powers of and restrictions upon a county.
Section 3-33-8 - Improvement district; powers of a municipality outside its boundaries.
Section 3-33-12 - Improvement district; notice of assessment; protests.
Section 3-33-13 - Improvement district; provisional order; protest; appeal to district court.
Section 3-33-14.1 - Imposition of improvement district property tax; limitations.
Section 3-33-15 - Improvement district; notice of preliminary hearing.
Section 3-33-19 - Notice of bid; acceptance of bid.
Section 3-33-20 - Improvement district; assessment of railroad property.
Section 3-33-21 - Improvement district; assessment roll; notice of assessment hearing.
Section 3-33-23 - Improvement district; assessments; terms of payment; liens.
Section 3-33-24 - Improvement district; authority to issue bonds or assignable certificates.
Section 3-33-26 - Improvement district; additional duties imposed on municipality.
Section 3-33-27 - Improvement district; acceptance of deed in lieu of foreclosure.
Section 3-33-29 - Improvement district; title subject to redemption vests in trustee.
Section 3-33-31 - Improvement district; assessment funds; expenditures; misuse; penalties.
Section 3-33-32 - Transfer of improvement district funds.
Section 3-33-33 - Improvement district; reassessment after voiding of assessments; procedure.
Section 3-33-34 - Improvement district; reassessment; defects waived; credit for previous payment.
Section 3-33-35 - Improvement district; notice of appeal; appeal to district court.
Section 3-33-37 - Improvement district; appeal of reassessment; procedure exclusive.
Section 3-33-40 - Refunding bonds; escrow; detail.
Section 3-33-41 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.
Section 3-33-43 - Improvement district; construction of Sections 3-33-39 through 3-33-42 NMSA 1978.