Chapter 3 — Chapter 3

The Metropolitan Redevelopment Code [3-60A-1 to 3-60A-13, 3-60A-14 to 3-60A-48 NMSA 1978] shall be liberally construed to carry out its purposes. History: Laws 1979, ch. 391, § 48.

gross receipts tax increment. A. In addition to all other requirements of the Metropolitan Redevelopment Code, prior to issuing bonds that are issued in whole or in part against a gross receipts tax increment attributable to the state gross receipts tax within a metropolitan rede…

Sections 5 through 18 [3-60A-5 to 3-60A-13, 3-60A-14 to 3-60A-18 NMSA 1978] of the Metropolitan Redevelopment Code may be cited as the "Redevelopment Law." History: Laws 1979, ch. 391, § 5.

A local government, to the greatest feasible extent, shall afford maximum opportunity for the rehabilitation or redevelopment of the metropolitan redevelopment areas by private enterprise. A local government shall give consideration to this objective in exercising its powers prov…

No local government shall exercise any of the powers conferred upon local governments by the Redevelopment Law [3-60A-5 to 3-60A-18 NMSA 1978] until the local government has adopted a resolution finding that: A. one or more slum areas or blighted areas exist in the local governme…

A. A local government shall not prepare a metropolitan redevelopment plan for an area unless the local government has, by resolution, determined the area to be a slum area or a blighted area or a combination thereof and designated the area as appropriate for a metropolitan redeve…

A. When a local government has complied with the provisions of the Redevelopment Law [3-60A-5 to 3-60A-18 NMSA 1978] concerning public hearing and designation of an area as a metropolitan redevelopment area, it may prepare or cause to be prepared a metropolitan redevelopment plan…

Chapter 3, Article 60B NMSA 1978 may be cited as the "Main Street Act". History: Laws 1985, ch. 88, § 1; 2013, ch. 60, § 1; 2013, ch. 62, § 1.

The purpose of the Main Street Act is to provide for the revitalization of central business districts in New Mexico communities based on the preservation and rehabilitation of existing structures of unique historical and architectural character and the development of progressive …

As used in the Main Street Act: A. "program" means the state main street program developed in conjunction with the national trust for historic preservation; and B. "coordinator" means the person responsible for coordinating the program and state and federal activities relevant to…

duties. A. There is created the "main street program" in the economic development department. The secretary of economic development shall employ a coordinator to oversee the program. B. The coordinator shall: (1) carry out state responsibilities pursuant to contract with the nati…

Chapter 3, Article 60C NMSA 1978 may be cited as the "Main Street Revolving Loan Act". History: Laws 2007, ch. 103, § 1; 2009, ch. 185, § 1.

The purpose of the Main Street Revolving Loan Act is to provide owners of eligible properties with low-cost financial assistance, through the creation of a self-sustaining revolving loan program, in the restoration, rehabilitation and repair of those properties if they meet certa…

As used in the Main Street Revolving Loan Act: A. "committee" means the main street revolving loan committee; B. "division" means the historic preservation division of the cultural affairs department; C. "eligible property" means a site, structure, building or object that is subj…

division duties. A. The "main street revolving loan committee" is created, consisting of six members as follows: (1) the director of the division or the director's designee; (2) the coordinator of the main street program under the Main Street Act [3- 60B-1 to 3-60B-4 NMSA 1978] o…

A. The "main street revolving loan fund" is created in the state treasury. The fund shall consist of appropriations, loan payments, federal funds received for the purpose of making loans, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credit…

A. The division shall administer a program to make direct loans or loan subsidies and shall contract with one or more lending institutions for deposits to be used for the purpose of making or subsidizing loans to property owners for the restoration, rehabilitation or repair of el…

power. In addition to all other powers granted to municipalities and counties, the board of county commissioners of any county and the governing board of any municipality lying totally or partially within the boundaries of that county may, by the passage of identical ordinances t…

A. Except as provided in Subsection B of this section, a metropolitan water board shall be composed of the following: (1) seven elected members as provided in Subsection C of this section; (2) one member who is a registered voter of the municipality appointed by the governing bod…

A metropolitan water board created by this act [3-61-1 to 3-61-4 NMSA 1978] may incur reasonable costs and expenses in carrying out its power; the budget of the water board shall be included in the budget of the municipality and the county creating the water board and shall be su…

A metropolitan water board may acquire, construct and operate a water utility and to accomplish this purpose shall be deemed a municipality for the purpose of Chapter 62 NMSA 1978 and for Articles 23 and 27 of Chapter 3 NMSA 1978. History: 1978 Comp., § 3-61-3, enacted by Laws 19…

A metropolitan water board shall not use the power of eminent domain or dominant eminent domain to condemn the private property of the primary privately owned water company serving a municipality in the area in which a metropolitan water board has jurisdiction. History: 1978 Comp…

No water board created under this act [3-61-1 to 3-61-4 NMSA 1978] shall have the power to enter into a contract which by its terms prohibits any governing body or any local subdivision from abolishing the water board by repeal of the ordinance or ordinances by which the water bo…

Any insurance authorized by law to be purchased, obtained or provided by a municipality or other political subdivision or local public body or any insurance which a subdivision or body may assist in providing to its employees may be provided by: A. self-insurance which may be fun…

A. Two or more municipalities or other political subdivisions or local public bodies may provide insurance for any purpose by any one or more of the methods specified in Chapter 3, Article 62 NMSA 1978. Self-insurance or the pooling of self-insured reserves, claims or losses amon…

This act [3-63-1 to 3-63-16 NMSA 1978] may be cited as the "Business Improvement District Act". History: Laws 1988, ch. 32, § 1.

A. The notice of public hearing required by the Business Improvement District Act shall contain: (1) the time and place where the planning committee will hold a hearing on the proposed district and improvements; (2) the estimated cost of improvements; (3) the boundary of the dist…

A. The council, upon adoption of an ordinance creating a district, shall appoint a management committee that shall be responsible for the operation of the district in one of the following manners: (1) the council shall appoint an existing downtown, community or central business d…

A. An incorporated municipality shall have power to issue business improvement district revenue bonds from time to time in its discretion to finance the undertaking of any improvement within a district or the exercise of any power, authorized or delegated under the Business Impro…

A. The council, upon recommendation of the management committee, may annually assess a business improvement benefit fee as defined by the ordinance upon all real property owners and business owners, exclusive of: (1) governmentally owned real property; (2) residential real proper…

A. The council shall by ordinance: (1) establish the time and terms of paying the business improvement benefit fee or installments on the fee; (2) set any rate or rates of interest upon deferred payments of the fee, which shall commence from the last date of publication of the or…

The council shall review each district every five years, and prior to the issuance of business improvement district revenue bonds other than those issued or committed during the first five-year period, to determine whether the district should remain in existence. If a majority of…

The business improvement benefit fee shall be distributed to the management committee on an annual basis pursuant to rules and guidelines established by the council and in accordance with the approved budget of the management committee. History: Laws 1988, ch. 32, § 16. ARTICLE 6…

The purpose of the Business Improvement District Act is to: A. promote and restore the economic vitality of areas within municipalities by allowing the establishment of business improvement districts with the powers to provide for the administration and financing of additional an…

As used in the Business Improvement District Act: A. "business" means a fixed place of business within an incorporated municipality where one or more persons are employed or engaged in the purchase, sale, provision or manufacturing of commodities, products or services, and includ…

A district may be created pursuant to the Business Improvement District Act to provide services that shall attempt to restore or promote the economic vitality of the district and the general welfare of the incorporated municipality. History: Laws 1988, ch. 32, § 4.

A. A district shall assess a business improvement benefit fee on any real property or business located within the district. B. A district shall include any real property or business that benefits by the improvements set out in the business improvement district plan and that is lo…

A. Whenever ten or more business owners comprising at least fifty-one percent of the total business owners in the proposed district or whenever five or more real property owners comprising at least fifty-one percent of the total real property owners in the proposed district, excl…

The ordinance to create a district shall include: A. a list of improvements to be provided by the district; B. the amount of benefit estimated to be conferred on each tract or parcel of real property; C. a description of the real property or businesses to be assessed a business i…

ANNOTATIONS Repeals. — Laws 1999, ch. 204, § 8 repealed 3-63-8 NMSA 1978, as enacted by Laws 1988, ch. 32, § 8, relating to petitions to oppose the creation of a business improvement district, effective April 6, 1999. For provisions of former section, see the 1998 NMSA 1978 on NM…

Upon the initiation of a proposed district, the council shall appoint a planning group consisting of not more than five members, not less than one of which shall be a business owner and not less than two of which shall be real property owners, subject to the assessment, located w…

Chapter 3, Article 64 NMSA 1978 may be cited as the "Community Development Incentive Act". History: Laws 1991, ch. 163, § 1; 2003, ch. 293, § 1; 2003, ch. 405, § 1.

A. As used in the Community Development Incentive Act: (1) "commencement of commercial operations" occurs when the new business facility is first available for use by the taxpayer or first capable of being used by the taxpayer in the revenue-producing enterprise in which the taxp…

property tax by local bodies. A. The governing body of a county or a municipality may by a majority vote of the members elected to the governing body adopt a resolution exempting commercial personal property of a new business facility located in the county or municipality from th…

A. After a resolution of exemption of personal property is adopted by a governing body, copies of it shall be certified by the clerk of the entity; one copy shall be delivered immediately to the county assessors; and one copy shall be sent to the taxation and revenue department. …

An exemption granted under Section 3-64-3 NMSA 1978 shall automatically terminate on the last day of the property tax year in which it expires pursuant to the exemption resolution or on the last day of the property tax year in which a new business facility ceases commercial opera…

Sections 1 through 11 [3-65-1 to 3-65-10 NMSA 1978] of this act may be cited as the "Minor League Baseball Stadium Funding Act". History: Laws 2001, ch. 231, § 1.

The Minor League Baseball Stadium Funding Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of the act. History: Laws 2001, ch. 231, § 10.

A. The legislature finds that: (1) the costs of land for and of designing, purchasing, constructing, remodeling, rehabilitating, renovating, improving, equipping, furnishing, operating and maintaining minor league baseball stadiums have increased to a level that local financial r…

As used in the Minor League Baseball Stadium Funding Act: A. "authority" means the New Mexico finance authority; B. "chief executive officer" means the mayor or chief administrative officer of a municipality when designated in writing by the mayor to perform duties required by th…