2021 New Mexico Statutes
Article 55A - County Improvement Districts
Section 4-55A-4 - Improvement district; purpose.

An improvement district may be created as authorized in the County Improvement District Act in order to construct, acquire, repair or maintain in one or more locations any one or any combination of the following projects, including land served by any project and any right of way, easement or privilege appurtenant or related thereto:
A. a street, road, bridge, walkway, overpass, underpass, parkway, alley, curb, gutter or sidewalk project, including median and divider strips, parkways and boulevards, ramps and stairways, interchanges, alleys and intersections, arches, support structures and pilings and the grading, regrading, oiling, surfacing, graveling, excavating, macadamizing, paving, repairing, laying, backfilling, leveling, lighting, landscaping, beautifying or in any manner improving of all or any part of one or more streets, roads, bridges, walkways, pathways, curbs, gutters or sidewalks or any combination of the foregoing;
B. any utility project for providing gas, water, electricity or telephone service;
C. any storm sewer project, sanitary sewer project or water project, including investigating, planning, constructing, acquiring, excavating, laying, leveling, backfilling or in any manner improving all or any part of one or more storm sewers, drains, sanitary sewers, water lines, trunk lines, mains, laterals and property connections and acquiring or improving hydrants, meters, valves, catch basins, inlets, outlets, lift or pumping stations and machinery and equipment incidental thereto or any combination of the foregoing;
D. a flood control or storm drainage project, including the investigation, planning, construction, improvement, replacement, repair or acquisition of dams, dikes, levees, ditches, canals, basins and appurtenances such as spillways, outlets, syphons and drop structures, channel construction, diversions, rectification and protection with appurtenant structures such as concrete lining, banks, revetments, culverts, inlets, bridges, transitions and drop structures, rundowns and retaining walls, storm sewers and related appurtenances such as inlets, outlets, manholes, catch basins, syphons and pumping stations, appliances, machinery and equipment and property rights connected therewith or incidental thereto convenient and necessary to control floods or to provide drainage and lessen their danger and damages;
E. railroad spurs, railroad tracks, railyards, rail switches and any necessary real property; or
F. on-site or off-site improvements required as a condition to obtaining required approvals of a development to be served by a project, including the payment of any fees or charges levied as a means of paying for all or part of such on-site or off-site improvements.
History: Laws 1980, ch. 91, § 4; 1987, ch. 47, § 4; 1991, ch. 199, § 33; 2000, ch. 63, § 1; 2001, ch. 312, § 10.
The 2001 amendment, effective June 15, 2001, inserted "land served by any project and" to the preliminary language and added Subsection F.
The 2000 amendment, effective July 1, 2000, deleted "without limitation" following "including" from the preliminary language of the section, deleted "without limitation" preceding "median and driver strips" in Subsection A, substituted "investigating" for "without limitation investigation" in Subsection C, deleted "without limitation" preceding "the investigation" in Subsection D, and added Subsection E.
The 1991 amendment, effective April 4, 1991, rewrote this section to the extent that a detailed comparison would be impracticable.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 4 - Counties

Article 55A - County Improvement Districts

Section 4-55A-1 - Short title.

Section 4-55A-2 - Improvement district; definitions.

Section 4-55A-3 - Improvement district; authorization; limitation.

Section 4-55A-4 - Improvement district; purpose.

Section 4-55A-4.1 - Improvement district; additional purpose.

Section 4-55A-5 - Improvement district; powers of a county.

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.

Section 4-55A-7 - Improvement district; provisional order method; procedure; preliminary lien; notice of pendency of district; effect.

Section 4-55A-8 - Improvement district; notice of assessment; protests.

Section 4-55A-9 - Improvement district; provisional order; protest; action in district court.

Section 4-55A-10 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

Section 4-55A-11 - Improvement district; notice of preliminary hearing.

Section 4-55A-12 - Improvement district; preliminary hearing; protest; action of the board; action in district court.

Section 4-55A-12.1 - Imposition of improvement district property tax; limitations.

Section 4-55A-13 - Improvement district; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

Section 4-55A-14 - Improvement district; advertising for bids; county may do work; contribution by governmental agency.

Section 4-55A-15 - Notice of bid; acceptance of bid.

Section 4-55A-16 - Improvement district; assessment of railroad property.

Section 4-55A-17 - Improvement district; assessment roll; notice of assessment hearing.

Section 4-55A-18 - Improvement district; filing of objections; assessment hearing; action of the board; appeal to district court.

Section 4-55A-19 - Improvement district; assessments; terms of payment; liens.

Section 4-55A-20 - Improvement district; authority to issue bonds or assignable certificates.

Section 4-55A-21 - Improvement district; rights of negotiable bondholders or assignable certificate holders.

Section 4-55A-22 - Improvement district; additional duties imposed on county.

Section 4-55A-23 - Improvement district; acceptance of deed in lieu of foreclosure.

Section 4-55A-24 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Section 4-55A-25 - Improvement district; title subject to redemption vests in trustee.

Section 4-55A-26 - Improvement district; private or public sale of property; redemption period; application for authorization; appraisement; disposition of proceeds.

Section 4-55A-27 - Improvement district; assessment funds; expenditures; misuse; penalties.

Section 4-55A-28 - Transfer of improvement district funds.

Section 4-55A-29 - Improvement district; reassessment after voiding of assessments; procedure.

Section 4-55A-30 - Improvement district; reassessment; defects waived; credit for previous payment.

Section 4-55A-31 - Improvement district; appeal to district court.

Section 4-55A-32 - Improvement district; payment of reassessment; continuing proceedings to collect assessment.

Section 4-55A-33 - Improvement district; appeal of reassessment; procedure exclusive.

Section 4-55A-34 - Improvement district; application of reassessment fund to outstanding indebtedness.

Section 4-55A-35 - Improvement district; refunding improvement bonds; authority.

Section 4-55A-36 - Refunding bonds; escrow; detail.

Section 4-55A-37 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.

Section 4-55A-38 - Improvement district; payment of assessment for refunding bond; maximum term; interest; prepayment; liens.

Section 4-55A-39 - Improvement district; construction of sections.

Section 4-55A-40 - Street and road improvement fund authorization.

Section 4-55A-41 - Street and road improvement fund; use.

Section 4-55A-42 - Street and road improvement fund; repurchasing bonds or certificates; pledging income.

Section 4-55A-43 - Street and road improvement fund; diverting proceeds from tax.