A. After the governing body creates an improvement district, the governing body may proceed as authorized in Section 3-33-17 or 3-33-18 NMSA 1978, or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978 [repealed].
B. After advertising for bids, the municipality may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications.
C. The governing body shall award the contract to the lowest responsible bidder unless the governing body:
(1) elects to construct the improvement as authorized in Section 3-33-17 or 3-33-18 NMSA 1978; or
(2) rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner:
(a) if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or
(b) if three or more bids are received, the municipality may reject any or all bids but shall readvertise and accept new bids; and
(c) if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the governing body declaring the reasons for such rejection and the municipality may then purchase the required items on the open market at the best documented price.
History: 1953 Comp., § 14-32-12, enacted by Laws 1965, ch. 300; 1977, ch. 325, § 5.
Bracketed material. — The bracketed material was inserted by the compiler and is not a part of the law. Laws 1984, ch. 65, § 175 repealed 13-1-11 NMSA 1978, effective November 1, 1984. For present provisions relating to notice of invitation for sealed bids, see 13-1-104 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Extension of time for completion of improvement, municipality's right to exact of contractor additional consideration as condition of, 71 A.L.R. 904.
Construction of paving contractor's contract in respect of contractor's obligation as to repairs, 72 A.L.R. 644.
Invalid or unenforceable contract, right of contractor to return in specie of consideration received by political subdivision, or to declaration of trust in respect of, or right to assert claim upon, property into which consideration has been converted, 93 A.L.R. 441.
Mandatory or permissive character of legislation in relation to payment for services rendered to public by contractor, 103 A.L.R. 818.
Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.
Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.
Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 A.L.R.5th 747.
Structure New Mexico Statutes
Article 33 - Improvement Districts
Section 3-33-1 - Improvement district; authorization.
Section 3-33-2 - Improvement district; definitions.
Section 3-33-3 - Improvement district; purpose.
Section 3-33-4 - Improvement district; additional purpose.
Section 3-33-4.1 - Improvement district; additional purpose.
Section 3-33-5 - Improvement district; powers of municipality.
Section 3-33-6 - Improvement district; additional purpose.
Section 3-33-6.1 - Improvement district; additional purpose.
Section 3-33-7 - Improvement district; powers of and restrictions upon a county.
Section 3-33-8 - Improvement district; powers of a municipality outside its boundaries.
Section 3-33-12 - Improvement district; notice of assessment; protests.
Section 3-33-13 - Improvement district; provisional order; protest; appeal to district court.
Section 3-33-14.1 - Imposition of improvement district property tax; limitations.
Section 3-33-15 - Improvement district; notice of preliminary hearing.
Section 3-33-19 - Notice of bid; acceptance of bid.
Section 3-33-20 - Improvement district; assessment of railroad property.
Section 3-33-21 - Improvement district; assessment roll; notice of assessment hearing.
Section 3-33-23 - Improvement district; assessments; terms of payment; liens.
Section 3-33-24 - Improvement district; authority to issue bonds or assignable certificates.
Section 3-33-26 - Improvement district; additional duties imposed on municipality.
Section 3-33-27 - Improvement district; acceptance of deed in lieu of foreclosure.
Section 3-33-29 - Improvement district; title subject to redemption vests in trustee.
Section 3-33-31 - Improvement district; assessment funds; expenditures; misuse; penalties.
Section 3-33-32 - Transfer of improvement district funds.
Section 3-33-33 - Improvement district; reassessment after voiding of assessments; procedure.
Section 3-33-34 - Improvement district; reassessment; defects waived; credit for previous payment.
Section 3-33-35 - Improvement district; notice of appeal; appeal to district court.
Section 3-33-37 - Improvement district; appeal of reassessment; procedure exclusive.
Section 3-33-40 - Refunding bonds; escrow; detail.
Section 3-33-41 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.
Section 3-33-43 - Improvement district; construction of Sections 3-33-39 through 3-33-42 NMSA 1978.