A. A district for the construction of any improvement authorized by the Greater Municipality Parking Law may be formed by the filing of a petition in the office of the clerk of the city in which the district is to be formed, signed by the owners of not less than one-half of the assessed value of all the real property within the tentative boundaries of the proposed district, as shown by the last preceding assessment roll of the county wherein such district is proposed to be formed.
B. The petition may be signed by any private corporation or, upon being authorized by the proper court, by a trustee, guardian, executor or administrator of an estate who is appointed as such under the laws of this state and who as such trustee, guardian, executor or administrator is entitled to exercise the rights of ownership of the real property belonging to the estate which he represents.
C. In determining whether a requisite number of property owners have signed the petition, the governing body of the city may rely upon the names appearing in the records of the county assessor, which shall be prima facie evidence of ownership.
D. The petition shall set forth:
(1) a general description of the proposed boundaries of the district;
(2) a general description of the contemplated project and its proposed location;
(3) a request that the governing body of the city declare the formation of a parking district; and
(4) a statement that the petition is filed pursuant to this section.
E. Upon filing of a petition satisfying the requirements of this section, in the office of the clerk of the city, the governing body shall proceed as if the formation of the district had been initiated by the governing body pursuant to Section 3-51-9 NMSA 1978.
History: 1953 Comp., § 14-52-10, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 5.
Structure New Mexico Statutes
Article 51 - Greater Municipality Parking
Section 3-51-1 - Greater Municipality Parking Law; short title.
Section 3-51-2 - Finding and declaration of necessity.
Section 3-51-4 - Creation of parking authorities.
Section 3-51-5 - Powers of city.
Section 3-51-6 - Interested officers and employees.
Section 3-51-7 - Planning, zoning and building laws.
Section 3-51-8 - Lease of parking facilities.
Section 3-51-9 - Formation of district by governing body; provisional order.
Section 3-51-10 - Formation of district by petition.
Section 3-51-11 - Formation of district; provisional order hearing; notice.
Section 3-51-12 - Formation of district; provisional order hearing; conduct; appeal.
Section 3-51-13 - Formation of district; ordinance forming district.
Section 3-51-14 - Preliminary fund assessment; purpose; limit.
Section 3-51-15 - Levying, collecting and use of preliminary fund assessment.
Section 3-51-16 - Determination of location, size and nature of project.
Section 3-51-17 - Preparation of plans and estimates.
Section 3-51-19 - Appraisal of benefits.
Section 3-51-20 - Preparation of assessment rolls.
Section 3-51-21 - Inclusion of benefited property not within the proposed boundaries.
Section 3-51-22 - Notice of hearing; revision or confirmation of assessment; levy; court action.
Section 3-51-23 - Alternative assessment procedure; annual levies.
Section 3-51-24 - Lien for assessments.
Section 3-51-25 - Payment; interest; penalties.
Section 3-51-26 - Personal liability of owners for indebtedness.
Section 3-51-27 - Recording of claim of lien.
Section 3-51-28 - Enforcement of lien.
Section 3-51-29 - Real property in more than one district.
Section 3-51-30 - Real property in more than one district; maximum assessments.
Section 3-51-31 - Real property in more than one district; objections; notice; hearing.
Section 3-51-32 - Power to issue bonds.
Section 3-51-33 - Refunding bonds.
Section 3-51-34 - Liability of bonds; prohibition on impairment of payment.
Section 3-51-35 - Bonds; special funds from which payable.
Section 3-51-36 - Form and sale of bonds.
Section 3-51-37 - Provisions of bonds and trust indentures.
Section 3-51-38 - Construction of bond provisions.
Section 3-51-39 - Filing proceedings with attorney general.
Section 3-51-40 - Remedies of an obligee.
Section 3-51-41 - Additional remedies conferrable to an obligee.
Section 3-51-42 - Bonds; exemption from taxation.
Section 3-51-43 - Aid from federal government.
Section 3-51-44 - Contracts; leases; increase of revenue.
Section 3-51-45 - Greater Municipality Parking Law controlling.
Section 3-51-46 - Passenger motor vehicle of a person with a disability; parking privilege.