Chapter 5 — Chapter 5

A. Before constructing or acquiring any public infrastructure improvement, the district board shall have approved a study of the feasibility and benefits of the public infrastructure improvement project to be prepared, which shall include: (1) a description of the public infrastr…

The projects to be constructed or acquired as shown in the general plan may be financed from the following sources of revenue: A. proceeds received from the sale of bonds of the district; B. money of the municipality or county contributed to the district; C. annual property taxes…

A. The district shall file and record with the county clerk the resolution ordering formation of the district, the general plan of the district and the canvass of any general obligation bond election. B. Upon formation of a district, and within thirty days before June 1 and Decem…

A. Prior to accepting an offer to purchase, a seller or an agent or broker of a seller of residential real property that is located in a district established pursuant to the Public Improvement District Act has an affirmative duty to provide to the purchaser of the property a writ…

A. At any time after the hearing on formation of the district, the district board, or, if before formation, the governing body may from time to time order that the question of authorizing the issuance of general obligation bonds to provide money for public infrastructure purposes…

As used in the Public Improvement District Act: A. "allowable base" means the sum of the appraised value, not including the value of public infrastructure improvements, of: (1) taxable property in a district that is owned by persons other than the applicant or the applicant's rel…

requirements. A. An application for the formation of a district shall be submitted to the governing body. Each application shall be 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 t…

A. At any time after the hearing on formation of the district, the district board may from time to time order that a hearing be held to determine whether a special levy should be imposed and special levy bonds issued to provide money for any public infrastructure purpose consiste…

A. At any time after the hearing on formation of the district, the district board may hold a hearing on the question of authorizing the district board to issue one or more series of revenue bonds of the district to provide money for any public infrastructure purposes consistent w…

For any bonds issued in connection with Section 19, 20 or 21 [5-11-19, 5-11-20 or 5- 11-21 NMSA 1978] of the Public Improvement District Act, the district board shall prescribe the denominations of the bonds, the principal amount of each issue and the form of the bonds and shall …

estimate and budget; certification to local government division. A. All property taxes for the operation and maintenance expenses of the district shall not exceed an amount equal to three dollars ($3.00) per one thousand dollars ($1,000) of net taxable value for all real and pers…

A. The district shall be dissolved by the district board by a resolution of the district board upon a determination that each of the following conditions exist: (1) all improvements owned by the district have been, or provision has been made for all improvements to be, conveyed t…

Neither any member of the board of directors of a district nor any person acting on behalf of the district, while acting within the scope of his authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority. History: Laws 200…

The Public Improvement District Act shall be deemed to provide an additional and alternative method for the doing of things authorized by that act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of …

The Public Improvement District Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of that act. History: Laws 2001, ch. 305, § 27.

A. If the public convenience and necessity require, and on presentation of an application required by Section 10 [5-11-2.1 NMSA 1978] 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 p…

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 dist…

A. Any person claiming an interest in real property that the resolution discloses is situated in the district may file a written objection with the clerk before 5:00 p.m. on the business day preceding the date and time set for the hearing. The objection may raise one or more of t…

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. I…

A. Any election by qualified electors pursuant to the Public Improvement District Act shall be a nonpartisan election called, conducted and canvassed pursuant to the provisions of the Election Code [Chapter 1 NMSA 1978]. In addition to those matters required for notice as provide…

For any election conducted pursuant to the Public Improvement District Act, in addition to the notice requirements set forth in Section 5-11-7 NMSA 1978, the owners shall ensure that notices shall be posted in three conspicuous public places within the boundaries of the district …

A. If the formation of the district is approved by at least a three-fourths' majority of the votes cast at the election, the governing body shall cause a copy of the resolution ordering formation of the district to be delivered to the county assessor, the county treasurer and the…

of governance by governing body. A. The governing body, at its option, may authorize the appointment of a separate district board. In the case of an appointed district board, three of the appointed directors shall serve an initial term to expire following a regular local election…

A. Amateur radio antenna towers constructed prior to the effective date of this section are exempted from subsequent changes in zoning regulations by the municipality or county and may be repaired as required. B. A municipality or county should reasonably accommodate amateur radi…

Chapter 5, Article 13 NMSA 1978 may be cited as the "Convention Center Financing Act". History: Laws 2003, ch. 87, § 1; 2014, ch. 15, § 1.

A. A local governmental entity shall by ordinance provide that a vendor is liable for the payment of the proceeds of convention center fees that the vendor failed to remit to the local governmental entity. Failure of the vendor to collect the fee is not cause for the local govern…

A. The convention center fee assessed by a local governmental entity constitutes a lien in favor of that local governmental entity upon the personal and real property of the vendor providing lodging facilities in that local governmental entity. The lien may be enforced as provide…

The ordinance imposing a convention center fee or any ordinance amending the imposition of a convention center fee shall: A. state: (1) the rate of the convention center fee to be imposed; (2) the times, place and method for the payment of the convention center fee proceeds to th…

A. Revenue bonds may be issued at any time by a qualified municipality that has imposed a convention center fee to defray wholly or in part the costs authorized in Paragraph (1) of Subsection E of Section 4 [5-13-4 NMSA 1978] of the Convention Center Financing Act. The revenue bo…

A. A qualified municipality having issued revenue bonds as authorized in the Convention Center Financing Act may issue refunding revenue bonds payable from pledged revenues authorized for the payment of revenue bonds at the time of the refunding or at the time of the issuance of …

A local governmental entity shall by ordinance provide for penalties by creating a misdemeanor and imposing a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both for a violation by any person of the provisions of the convention …

As used in the Convention Center Financing Act: A. "convention center" includes a civic center or convention center that includes space for rent by the public for the primary purpose of increasing tourism; B. "convention center fee" means the fee imposed by a local governmental e…

A. The following local governmental entities are authorized to impose convention center fees: (1) a qualified municipality if the governing body of the qualified municipality has enacted an ordinance to impose a convention center fee; and (2) a county in which a qualified municip…

A. A local governmental entity may impose by ordinance a fee on the use of a room within a lodging facility within the local governmental entity. The fee may be referred to as the "convention center fee". The amount of the convention center fee shall not exceed two dollars fifty …

The convention center fee shall not apply: A. if a vendee: (1) has been a permanent resident of the lodging facility for a period of at least fifteen consecutive days; or (2) enters into or has entered into a written agreement for a room at a lodging facility for a period of at l…

A. A vendor providing rooms in a local governmental entity that has imposed a convention center fee shall collect the proceeds on behalf of the local governmental entity and shall act as a trustee for the fees collected. B. The convention center fee shall be collected from vendee…

A local governmental entity assessing a convention center fee shall include verification of the collection of the correct convention center fee in any audit of a vendor conducted pursuant to Section 3-38-17.1 NMSA 1978. History: Laws 2003, ch. 87, § 7.

The chief executive officer of a local governmental entity assessing a convention center fee shall report to the local government division of the department of finance and administration on a quarterly basis any expenditure of convention center fee funds. History: Laws 2003, ch. …

A. An action to enforce the Convention Center Financing Act may be brought by: (1) the attorney general or the district attorney in the county of jurisdiction; or (2) a vendor who is collecting the proceeds of a convention center fee in the county of jurisdiction. B. A district c…

This act [5-13A-1 to 5-13A-14 NMSA 1978] may be cited as the "Sports and Recreation Facility Financing Act". History: Laws 2008, ch. 76, § 1.

A. A local governing body shall by ordinance provide that a vendor is liable for the payment of the proceeds of sports and recreation facility fees that the vendor failed to remit to the local governing body. Failure of the vendor to collect the fee is not cause for the local gov…

certificate of lien. A. The sports and recreation facility fee assessed by a local governing body constitutes a lien in favor of that local governing body upon the personal and real property of the vendor providing lodging facilities in that qualified municipality. The lien may b…

The ordinance imposing a sports and recreation facility fee or any ordinance amending the imposition of a sports and recreation facility fee: A. shall state: (1) the rate of the sports and recreation facility fee to be imposed; (2) the time, place and method for the payment of th…

A. Revenue bonds may be issued at any time by a qualified municipality that has imposed a sports and recreation facility fee to defray wholly or in part the costs authorized by the Sports and Recreation Facility Financing Act. The revenue bonds may be payable from, and payment ma…

A. A qualified municipality having issued revenue bonds may issue refunding bonds payable from pledged revenues authorized for the payment of the revenue bonds at the time of the refunding or at the time of the issuance of the bonds being refunded, as the local governing body may…

As used in the Sports and Recreation Facility Financing Act: A. "local governing body" means the governing body of a qualified municipality authorized pursuant to the provisions of the Sports and Recreation Facility Financing Act to impose sports and recreation facility fees; B. …

imposition; local governing body. A local governing body may impose a sports and recreation facility fee if the local governing body has enacted an ordinance to impose a sports and recreation facility fee and the ordinance has been approved by referendum as required in the Sports…

proceeds; referendum. A. A local governing body may impose by ordinance a fee on the use of a room located within a qualified municipality. The fee may be referred to as the "sports and recreation facility fee". The amount of the sports and recreation facility fee shall not excee…

The sports and recreation facility fee shall not apply: A. if the local governing body by ordinance exempts lodging facilities whose maximum daily room charge is less than an amount stated in the ordinance; B. to rooms at institutions of the federal government, the state or any p…

A. A vendor providing rooms in a qualified municipality in which the local governing body has imposed a sports and recreation facility fee shall collect the fee on behalf of the local governing body and shall remit the fees collected to the local governing body on or before the t…