New Mexico § 5-11-10 - Powers of a public improvement district

§ 5-11-10. Powers of a public improvement district

A. In addition to the powers otherwise granted to a district pursuant to the Public

Improvement District Act, the district board, in implementing the general plan, may: (1) enter into contracts and expend money for any public infrastructure purpose with

respect to the district; (2) enter into development agreements with municipalities, counties or other local

government entities in connection with property located within the boundaries of the

district; (3) enter into intergovernmental agreements as provided in the Joint Powers Agreements

Act for the planning, design, inspection, ownership, control, maintenance, operation

or repair of public infrastructure or the provision of enhanced services by the municipality

or the county in the district and any other purpose authorized by the Public Improvement

District Act; (4) sell, lease or otherwise dispose of district property if the sale, lease or conveyance

is not a violation of the terms of any contract or bond covenant of the district; (5) reimburse the municipality or county in which the district is located for providing

enhanced services in the district; (6) operate, maintain and repair public infrastructure; (7) establish, impose and collect special levies for the purposes of funding public

infrastructure improvements or enhanced services; (8) employ staff, counsel and consultants; (9) reimburse the municipality or county in which the district is located for staff

and consultant services and support facilities supplied by the municipality or county; (10) accept gifts or grants and incur and repay loans for any public infrastructure

purpose; (11) enter into agreements with owners concerning the advance of money by owners for

public infrastructure purposes or the granting of real property by the owner for public

infrastructure purposes; (12) levy property taxes, impose special levies or fees and charges for any public

infrastructure purpose on any real property located in the district and, in conjunction

with the levy of such taxes, fees and charges, set and collect administrative fees; (13) pay the financial, legal and administrative costs of the district; (14) enter into contracts, agreements and trust indentures to obtain credit enhancement

or liquidity support for its bonds and process the issuance, registration, transfer

and payment of its bonds and the disbursement and investment of proceeds of the bonds; (15) with the consent of the governing body of the municipality or county that formed

the district, enter into agreements with persons outside of the district to provide

enhanced services to persons and property outside of the district; and (16) use public easements and rights of way in or across public property, roadways,

highways, streets or other thoroughfares and other public easements and rights of

way, whether in or out of the geographical limits of the district, the municipality

or the county. B. Public infrastructure improvements other than personalty may be located only in

or on lands, easements or rights of way owned by the state, a county, a municipality

or the district, whether in or out of the district, the municipality or the county. C. An agreement pursuant to Paragraph (11) of Subsection A of this section may include

agreements to repay all or part of such advances, fees and charges from the proceeds

of bonds if issued or from advances, fees and charges collected from other owners

or users or those having a right to use any public infrastructure. A person does not have authority to compel the issuance or sale of the bonds of

the district or the exercise of any taxing power of the district to make repayment

under any agreement. D. Notwithstanding the provisions of the Procurement Code, or local procurement requirements

that may otherwise be applicable to the municipality or county in which the district

is located, the district board, whether appointed or composed of members of the governing

body, ex officio, may enter into contracts to carry out any of the district's authorized

powers, including the planning, design, engineering, financing, construction and acquisition

of public improvements for the district, with a contractor, an owner or other person

or entity, on such terms and with such persons as the district board determines to

be appropriate.