A. The election official designated by the approving authority shall conduct the organization election pursuant to this section and Section 20 [5-17-20 NMSA 1978] of the Infrastructure Development Zone Act.
B. At the election, the eligible electors shall vote for or against the organization of the proposed infrastructure development zone, shall vote for five eligible electors of the infrastructure development zone who shall be the initial directors of the board of the infrastructure development zone, if organized and shall vote for or against general obligation bonds or other general obligations if the petition filed pursuant to Section 3 [5-17-3 NMSA 1978] of the Infrastructure Development Zone Act requests that the questions be submitted at the organization election.
C. If the majority of the votes cast at the election are in favor of the organization, the approving authority shall, by resolution, declare the infrastructure development zone organized and give the infrastructure development zone the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and designate the first board elected. Thereupon the infrastructure development zone shall be a quasi-municipal corporation and a political subdivision of the state with all the powers thereof.
D. The resolution declaring the infrastructure development zone organized shall be deemed final and shall finally and conclusively establish the regular organization of the infrastructure development zone against all persons. No appeal or other remedy shall challenge the resolution except in an action by the attorney general within thirty days after the resolution is passed, and the organization of the infrastructure development zone shall not be directly or collaterally questioned in any suit, action or proceeding except as expressly authorized in this subsection.
History: Laws 2009, ch. 136, § 10.
Effective dates. — Laws 2009, ch. 136 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
Structure 2021 New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 17 - Infrastructure Development Zone
Section 5-17-3 - Organization of infrastructure development zone; submission of service plan.
Section 5-17-4 - Public hearing required.
Section 5-17-5 - Objecting petition; plan to be disapproved.
Section 5-17-6 - Request for exclusion.
Section 5-17-7 - Action on petition and service plan; criteria.
Section 5-17-8 - Approval of service plan; petition granted; election scheduled.
Section 5-17-9 - Designation of approving authority.
Section 5-17-10 - Organization election.
Section 5-17-11 - Filing resolution and service plan.
Section 5-17-12 - Service area of infrastructure development zones; overlapping districts.
Section 5-17-13 - Approval by an annexing municipality.
Section 5-17-14 - Service plan; compliance; modification; enforcement.
Section 5-17-15 - Inclusion of territory; procedure.
Section 5-17-16 - Effect of inclusion order.
Section 5-17-17 - Exclusion of territory.
Section 5-17-18 - Effect of exclusion order.
Section 5-17-19 - Dissolution.
Section 5-17-21 - Directors; terms; organization of board.
Section 5-17-22 - General powers.
Section 5-17-23 - Park and recreational services; additional powers; limitations.
Section 5-17-24 - Sanitation, water and sanitation or water services; additional powers.
Section 5-17-25 - Subdistricts.
Section 5-17-27 - State capital outlay projects prohibited.
Section 5-17-28 - General obligation bonds; tax levy; exception.
Section 5-17-29 - Special assessment; bonds; imposition.
Section 5-17-30 - Revenue bonds; fees and charges.
Section 5-17-31 - Term of bonds.
Section 5-17-33 - Bonds not obligation of state.
Section 5-17-34 - Exemption from Community Service District Act and Special District Procedures Act.