2021 New Mexico Statutes
Article 11 - Public Improvement District
Section 5-11-16 - Project approval.

A. Before constructing or acquiring any public infrastructure improvement, the district board shall have approved a study of the feasibility and benefits of the public infrastructure improvement project to be prepared, which shall include:
(1) a description of the public infrastructure improvement to be constructed or acquired and enhanced services to be provided and estimated costs thereof, if any, and other information reasonably necessary to understand the project;
(2) a map showing, in general, the location of the project within the district;
(3) an estimate of the cost to construct, acquire, operate and maintain the project;
(4) an estimated schedule for completion of the project, a map or description of the area to be benefited by the project and a plan for financing the project;
(5) an estimated or projected annual mill or special levy for all owners in the proposed district;
(6) the current, direct and overlapping tax and assessment burden on taxable property that is proposed to be taxed and the assessed valuation of the taxable property as shown on the most recent assessment roll;
(7) the expected market absorption of the development within the district and the effect of the bond issuance by the district on tax rates within the district, calculated at the beginning, middle and end of the market absorption period or based on the phasing of the project to be financed, as applicable;
(8) projections of working capital needs for a period that shall be the longer of:
(a) thirty years following the creation of a tax upon the district taxable property; or
(b) the final maturity date of any bonds issued by the district;
(9) an analysis of:
(a) the impact of the proposed debt financing, operation and maintenance costs, user charges and other district costs on the ultimate end users of the property, including projected property tax rates, special levies, fees, charges and other costs that would be borne by the property in the district;
(b) the impact that the costs described in Subparagraph (a) of this paragraph will have on the marketability of the private development; and
(c) a comparison of proposed tax rates and charges in adjoining and similar areas outside of the proposed district;
(10) a financing plan for any private development in the district that is not to be dedicated to the municipality or county; and
(11) a market absorption study for the private development in the district prepared by an independent consultant, which shall include the ability of the market to absorb the private development and a market absorption calendar for the private development.
B. Prior to approval of a project, the district board shall provide notice and opportunity to comment to the owners and the municipality or county.
C. In the event that project approval and formation of the public improvement district are occurring concurrently, a single feasibility study may be used to satisfy the requirement in Subsection A of this section and Paragraph (3) of Subsection A of Section 10 [5-11-2.1 NMSA 1978] of this 2013 act.
D. For public infrastructure improvement projects undertaken by a district after formation, the district board shall hold a public hearing on the study and provide notice of the hearing by publication not less than two weeks in advance in the official newspaper of the municipality or county or, if there are none in the municipality or county, a newspaper of general circulation in the county. If the district board is composed of members other than the governing body, the notice shall be mailed to the governing body of the municipality or county in which the district is located. After the hearing, the district board may reject, amend or approve the report. If the report is amended substantially, a new hearing shall be held before approval. If the report is approved, the district board shall adopt a resolution approving the public infrastructure improvement of the project, identifying the areas benefited, the expected method of financing and an appropriate system of providing revenues to operate and maintain the project.
History: Laws 2001, ch. 305, § 16; 2013, ch. 45, § 6.
The 2013 amendment, effective July 1, 2013, expanded the issues that must be addressed in a feasibility and benefits study to include issues related to taxes and assessments, market absorption, working capital needs and debt financing; required a public improvement district to provide notice and an opportunity to comment on the study; in Subsection A, in the introductory sentence, after "public infrastructure", added "improvement" and after "district board shall", deleted "cause" and added "have approved"; added Paragraphs (5) through (11) of Subsection A; and added Subsections B and C.
Applicability. — Laws 2013, ch. 45, § 12 provided that the provisions of Laws 2013, ch. 45, §§ 1 through 4 and 6 through 10, do not apply to an application for formation of a public improvement district submitted to a governing body prior to January 1, 2014.