Improvements shall be constructed pursuant to the powers granted in Section 3-33-8 NMSA 1978 and assessments shall be levied against property lying without the municipality only if the board of county commissioners of the county in which such improvements are to be made has, by resolution, submitted to the governing body of the municipality, determined:
A. that the construction of such improvements is in the best interests of the county;
B. that the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the county but without the municipality constructing the improvements is determined in the same manner as the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the municipality; and
C. that the owners of real property representing at least fifty-one percent of the total assessed valuation of the property benefited which lies within the county but outside the municipal boundary have not objected in writing to the construction of such improvements within thirty days after having received written notice of the adoption of the provisional order described in Subsection E of Section 3-33-11 NMSA 1978 by the governing body of the municipality. The governing body of the municipality may enter into a joint powers agreement with the board of county commissioners to provide for joint administration of any such improvement district.
History: 1953 Comp., § 14-32-3.6, enacted by Laws 1977, ch. 325, § 3; 1991, ch. 199, § 7.
The 1991 amendment, effective April 4, 1991, deleted the former first sentence which read "Assessments shall be levied against property lying without the municipality only where the improvements conferring the benefit are located on or through a street or right-of-way which is described in Section 14-32-3.5 NMSA 1953"; substituted "3-33-8 NMSA 1978 and assessments shall be levied against property lying without the municipality" for "14-32-3.5 NMSA 1953" in the second sentence; in Subsection C substituted "adoption of the provisional order described in Subsection E of Section 3-33-11 NMSA 1978" for "passage of the approving resolution adopted" and added the final sentence.
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.