A. In the provisional order the governing body shall set a time at least twenty days thereafter and place at which the owners of the property to be assessed may appear and be heard as to the propriety and advisability of forming the parking district which has been provisionally ordered.
B. Notice shall be given:
(1) by publication in a newspaper of general circulation in the city once each week on the same weekday for two consecutive weeks, the last publication to be at least five days prior to the date of the hearing; and
(2) by mailing a copy of the notice to each of the property owners at his last known address at least ten days before such hearing. The names and addresses of the property owners shall be obtained from the records of the county assessor or from such other sources as the city clerk deems reliable.
C. Proof of publication shall be by affidavit of the publisher.
D. Proof of mailing shall be by affidavit of the person mailing the notice.
E. The notice shall describe:
(1) the project proposed (without mentioning minor details or incidentals);
(2) the estimated cost of the project and the part or portion, if any, to be paid from sources other than assessments;
(3) the fact that assessments shall be in proportion to the special benefits derived to the property comprising the proposed district;
(4) the extent of the proposed district to be assessed (by boundaries or other brief description);
(5) the maximum amount of the preliminary fund assessment, if any, to be levied against the property within the district pursuant to Section 3-51-14 NMSA 1978;
(6) the time and place when and where the governing body will consider the ordering of the proposed project and hear all objections that may be made in writing and filed with the city clerk at least two days prior thereto, or verbally at the hearing, concerning the same, by the owner of any property to be assessed; and
(7) the fact that the description of the property proposed to be assessed and all proceedings in the premises are on file and can be seen and examined at the office of the city clerk during business hours, at any time, by any person so interested.
History: 1953 Comp., § 14-52-10.1, enacted by Laws 1971, ch. 173, § 6.
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.