A. The board may divide the infrastructure development zone into one or more areas consistent with the services to be furnished therein. However, any facility operated by the infrastructure development zone within the area may be used by any resident of the infrastructure development zone for the same fee charged to persons residing within the area. Whenever the board divides the infrastructure development zone into one or more areas pursuant to this section, the board shall provide notification of the action to each governing body with zoning jurisdiction over territory included in the infrastructure development zone. Each governing body that is entitled to the notification may elect, within thirty days after the notification, to treat the action as a material modification of the infrastructure development zone service plan in accordance with Section 14 [5-17-14 NMSA 1978] of the Infrastructure Development Zone Act.
B. Any area created pursuant to this section shall be a subdistrict of the infrastructure development zone. A subdistrict shall be an independent political subdivision, shall act pursuant to the provisions of the Infrastructure Development Zone Act and shall possess all of the rights, privileges and immunities of the infrastructure development zone. The subdistrict shall be subject to the service plan of the infrastructure development zone.
C. The board of the infrastructure development zone shall constitute ex officio the board of directors of the subdistrict. The presiding officer of the board shall be ex officio the presiding officer of the subdistrict, the secretary of the board shall be ex officio the secretary of the subdistrict and the treasurer of the board shall be ex officio the treasurer of the subdistrict. The debt of the subdistrict shall be treated separately from the debt of the infrastructure development zone and shall not be treated as debt of the infrastructure development zone; provided that the total debt of the infrastructure development zone and all subdistricts shall not exceed any debt limits specified in the service plan of the infrastructure development zone.
D. The board shall make any determination specified in Subsection A of this section by resolution adopted at a regular or special meeting of the board after publication of notice of the purpose of the public meeting and the place, time and date of the meeting.
E. No resolution dividing the infrastructure development zone into one or more subdistricts shall be adopted by the board if a petition objecting to the division is signed by the owners of taxable real and personal property, consisting of more than fifty percent of the total valuation for assessment of all taxable real and personal property within the proposed subdistrict boundaries, and is filed with the board no later than five days prior to the public meeting; provided, however, that the board may change the geographical boundaries of the subdistrict at the public meeting.
F. If taxes are to be levied or debt is to be created within a subdistrict of the infrastructure development zone, the board shall submit a ballot issue approving the taxes or debt to the eligible electors within the subdistrict at a regular infrastructure development zone election or at a special election.
History: Laws 2009, ch. 136, § 25.
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.