A. Territory excluded from an infrastructure development zone pursuant to the provisions of Section 17 [5-17-17 NMSA 1978] of the Infrastructure Development Zone Act shall not be subject to any property tax levied by the board for the operating costs of the infrastructure development zone. For the purpose of retiring the infrastructure development zone's outstanding indebtedness and the interest thereon existing at the effective date of the exclusion order, the infrastructure development zone shall remain intact, and the excluded territory shall be obligated to the same extent as all other property within the infrastructure development zone but only for that proportion of the outstanding indebtedness and the interest thereon existing immediately prior to the effective date of the exclusion order. The board shall levy annually a property tax on all the excluded and remaining property sufficient, together with other funds and revenues of the infrastructure development zone, to pay the outstanding indebtedness and the interest thereon. The board may also establish, maintain, enforce and, from time to time, modify the service charges, tap fees and other rates, fees, tolls and charges, upon residents or users in the area of the infrastructure development zone as it existed prior to the exclusion as may in the discretion of the board be necessary to supplement the proceeds of the tax assessments in the payment of the outstanding indebtedness and the interest thereon. In no event shall excluded territory of an infrastructure development zone become obligated for the payment of any bonded indebtedness created after the date of the court's exclusion order.
B. The change of boundaries of the infrastructure development zone shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it might be liable or chargeable had the change of boundaries not been made.
History: Laws 2009, ch. 136, § 18.
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.