New Mexico § 5-11-4 - Notice and public hearing

§ 5-11-4. Notice and public hearing

A. The notice of public hearing to be held concerning the formation of a public improvement

district pursuant to the Public Improvement District Act shall be mailed by registered

or certified United States mail, postage prepaid, to all owners of real property in

the proposed district at least thirty days prior to the date of the hearing. In addition, notice shall be published once each week for two successive weeks in

a newspaper of general circulation in the municipality or county in which the proposed

district lies. The last publication shall be at least three days before the date of the hearing. The notice shall comply with requirements of Subsections B and C of this section. B. The clerk shall execute a notice, which shall read substantially as follows: “To whom it may concern: The governing body of the (municipality) (county) of __________, on (Date), adopted the attached resolution declaring its intention to form a tax-levying

public improvement district. A hearing on formation will be held on (Date), at (Time) at (Location). All persons owning or claiming an interest in property in the proposed district

who object to the inclusion of their land in the district, to the formation of the

district or to the contents of the general plan must file a written objection with

the undersigned at the following address before the time set for the hearing. (Date)__________ __________ Clerk __________ Address (Name of municipality or county)”. C. A summary of the resolution declaring the governing body's intention to form the

district shall be attached to the notice, and the clerk shall cause a copy to be mailed

to the owners of real property in the district and to all other persons claiming an

interest in such property who have filed a written request for a copy of the notice

within the six months preceding or at any time following the adoption of the resolution

of intent to form the district. The clerk shall also publish a copy of the notice and resolution summary at least

twice in a newspaper of general circulation in the municipality or county in which

the proposed district lies. The clerk shall execute an affidavit of mailing stating the date of mailing and

the names and addresses of the persons to whom the notices and copies of the resolutions

were mailed. The clerk shall obtain an affidavit from the newspaper in which the publication

was made. The clerk shall cause both affidavits to be placed in the official records of the

municipality or county. The affidavits are conclusive evidence of the mailing and publishing of notice. Notice shall not be held invalid for failure of delivery to the addressee. D. If the clerk is informed that the person listed on the assessment roll is no longer

the owner and the name and address of the successor owner become known, the clerk

shall cause a copy of the notice and resolution to be mailed to the successor owner

as soon as practicable after learning of the change of ownership.