New Mexico § 5-11-3 - Resolution declaring intention to form district

§ 5-11-3. Resolution declaring intention to form district

A. If the public convenience and necessity require, and on presentation of an application

required by Section 10 of this 2013 act that is supported by a petition signed by

the owners of at least twenty-five percent of the real property by assessed valuation

proposed to be included in the district, the governing body may adopt a resolution

declaring its intention to form a public improvement district to include contiguous

or noncontiguous property, which shall be wholly within the corporate boundaries of

the municipality or county. If the governing body fails to act within ninety days following presentation of

a petition to create a public improvement district, the petition shall be deemed to

have been accepted by the governing body, which shall adopt a resolution and hold

a public hearing pursuant to this section. The resolution shall state the following: (1) the area or areas to be included in the district; (2) the purposes for which the district is to be formed; (3) that a general plan for the district is on file with the clerk that includes a

map depicting the boundaries of the district and the real property proposed to be

included in the district, a general description of anticipated improvements and their

locations, general cost estimates, proposed financing methods and anticipated tax

levies, special levies or charges, and that may include possible alternatives, modifications

or substitutions concerning locations, improvements, financing methods and other information

provided in the general plan; (4) the rate, method of apportionment and manner of collection of a special levy,

if one is proposed, in sufficient detail to enable each owner or resident within the

district to estimate the maximum amount of the proposed levy; (5) a notice of public hearing in conformity with the requirements of Section 5-11-4 NMSA 1978; (6) the place where written objections to the formation of the district may be filed

by an owner; (7) that formation of the district may result in the levy of property taxes or the

imposition of special levies to pay the costs of public infrastructure constructed

by the district and for their operation and maintenance and may result in the assessment

of fees or charges to pay the cost of providing enhanced services; (8) a reference to the Public Improvement District Act; and (9) whether the district will be governed by a district board comprised of the members

of the governing body, ex officio, or comprised of five directors initially appointed

by the governing body. B. The resolution shall direct that a hearing on formation of the district be scheduled

and that notice be mailed and published as provided in Section 5-11-4 NMSA 1978 . C. Before adopting a resolution pursuant to this section, a general plan for the district

shall be filed with the clerk.