A. The approving authority shall be:
(1) for an infrastructure development zone located entirely within one county and outside a municipality, the governing body of that county;
(2) for an infrastructure development zone located entirely within a municipality, the governing body of that municipality;
(3) except as provided in Subsection B of this section, for an infrastructure development zone that is not described in Paragraph (1) or (2) of this subsection and of which the majority of its acreage lies outside a municipality, the governing body of the county containing the most acreage outside of a municipality; or
(4) except as provided in Subsection B of this section, for an infrastructure development zone that is not described in Paragraph (1) or (2) of this subsection and of which the majority of its acreage lies within a municipality, the governing body of that municipality.
B. For an infrastructure development zone that is not described in Paragraph (1) or (2) of Subsection A of this section, in lieu of the approving authority designated pursuant to Paragraph (3) or (4) of that subsection, all of the governing bodies that approved the petition and service plan of the infrastructure development zone may jointly designate a governing body, in the zoning jurisdiction of which lies any portion of the infrastructure development zone, as the approving authority.
History: Laws 2009, ch. 136, § 9.
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 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.