New Mexico § 5-11-6 - Order forming district; formation determination; election

§ 5-11-6. Order forming district; formation determination; election

A. After the hearing, the governing body shall determine whether the district should

be formed based upon the interests, convenience or necessity of the owners, residents

of the district and citizens of the municipality or county in which the proposed district

would be located. If the governing body determines that the district should be formed, it shall adopt

a resolution ordering that the district be formed, deleting any property determined

not to be directly or indirectly benefited by the district or modifying the general

plan and then ordering that a formation determination be conducted and an election

be held on the question whether to form the district. A resolution ordering a formation of the district shall state that the district

will be governed by a district board consisting of members of the governing body,

ex officio, or, upon determination of the governing body, five directors appointed

by the governing body, and shall contain the names of the five initial directors and

the terms of office of each. If the governing body appoints a district board, it shall appoint a treasurer and

a clerk from the appointed members. B. Before submitting the question of formation of the district to the qualified electors

of the proposed district, a formation determination shall be conducted by the governing

body among the owners unless a petition is presented to the governing body pursuant

to Subsection F of Section 5-11-7 NMSA 1978 . In the formation determination, each owner shall have the number of votes or portions

of votes equal to the number of acres or portions of acres rounded upward to the nearest

one-fifth of an acre owned by that owner in the submitted district. C. A formation or other determination shall not be a local election for purposes of

the Local Election Act. The governing body or the district board may establish local procedures for noticing,

conducting and canvassing determinations, which may include determinations made by

unanimous written approval of the owners in affidavits executed by the owners and

confirmed in a review by the district board. D. Should the formation determination by the owners result in a three-fourths' majority

vote in favor of formation, the question shall also be submitted to a vote of the

qualified electors of the proposed district. The conduct of a formation election by qualified electors shall meet the requirements

of Section 5-11-7 NMSA 1978 . E. The right of the qualified electors to vote on the question of formation of the

district shall not be assigned or delegated to the property owners, or related entities

of the property owners, signing a petition submitted to the governing body for formation

of a district.