Chapter 5 — Chapter 5

Occupation taxes authorized by Section 3-38-3 NMSA 1978 may be pledged for the retirement of revenue bonds issued pursuant to the Joint City-County Building Law. History: 1953 Comp., § 6-9-23.1, enacted by Laws 1965, ch. 90, § 1.

Bonds issued by any municipality pursuant hereto and the income therefrom shall at all times be free from taxation by the state of New Mexico and any subdivision thereof, except for any estate, inheritance and transfer taxes. History: 1953 Comp., § 6-9-24, enacted by Laws 1959, c…

This act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978], without reference to other statutes of the state except as herein otherwise specifically provided or necessarily implied, shall constitute full authority for the acquisition, improvement, operation and maintenance of any pro…

This act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes. History: 1953 Comp., § 6-9-26, enacted by Laws 1959, ch. 300, § 26. ARTICLE 6 Dances (Repea…

As used in the Joint City-County Building Law, the following words or phrases shall be defined as follows: A. "city" means any incorporated city, town or village that is a county seat in the state of New Mexico, whether incorporated or governed under a general act, special act or…

Any county and city shall have the power, if so authorized by a resolution adopted at any regular or special meeting by at least two-thirds of all commissioners and by an ordinance adopted at any regular or special meeting by at least three-fifths of all councilmen, to acquire a …

Every county and city having been authorized to acquire any building, in addition to other powers conferred by the Joint City-County Building Law, shall thereafter have the following powers, jointly and severably [severally]: A. to improve, equip, use, supervise, maintain, contro…

A county and a city may from time to time enter into agreements, long terms and short terms, with each other concerning any project, including but not necessarily limited to agreements concerning any power granted to either or both by this act [5-5-1 to 5-5- 23, 5-5-25 to 5-5-27 …

Any county and city shall each have the power, separately and severably from time to time to borrow money and issue the following securities to evidence such loans, to finance in whole or in part the cost of any project or any part thereof: short-term notes; general obligation bo…

A municipality, upon the affirmative vote of at least two-thirds of the members of its governing body present and constituting a quorum, is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term n…

No general obligation bonds or other evidences of indebtedness, the payment of which is secured wholly or in part by a pledge of any proceeds of general ad valorem property taxes or to which the full faith and credit of a municipality are pledged, shall be issued, except as follo…

This act [5-7-1 to 5-7-7 NMSA 1978] may be cited as the "Fire District Bond Act". History: Laws 1983, ch. 162, § 1.

As used in the Fire District Bond Act: A. "fire district bonds" means the bonds authorized in the Fire District Bond Act; B. "governing body" means the board of county commissioners of a county or the city council, city commission or board of trustees of a municipality; C. "pledg…

limitation on time of issuance. A. In addition to any other law authorizing a county or municipality to issue revenue bonds, a county or municipality may issue fire district bonds pursuant to the Fire District Bond Act for the purposes specified in this section. B. Fire district …

It is unlawful to divert, use or expend any money received from the issuance of fire district bonds for any purpose other than the purposes for which the bonds were issued. History: Laws 1983, ch. 162, § 4.

County or municipal fire district bonds: A. shall bear interest at a coupon rate or coupon rates not exceeding the maximum coupon rate which is permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; provided that interest shall be payable annually or semiannually an…

required. A. At a regular or special meeting called for the purpose of issuing fire district bonds as authorized in Section 3 [5-7-3 NMSA 1978] of the Fire District Bond Act, the governing body may adopt an ordinance that: (1) declares the necessity for issuing fire district bond…

obligations; authentication. A. Fire district bonds or refunding bonds issued as authorized in the Fire District Bond Act are: (1) not general obligations of the county or municipality; and (2) collectible only from the proper pledged revenues, and each bond shall state that it i…

This act [5-8-1 to 5-8-42 NMSA 1978] may be cited as the "Development Fees Act". History: Laws 1993, ch. 122, § 1.

A municipality or county is authorized to enter into an agreement with the owner of a tract of land for which a plat has been recorded providing for a method of payment of the impact fees over an extended period of time otherwise in compliance with the Development Fees Act. Histo…

Impact fees may be assessed but shall not be collected unless the: A. collection is made to pay for a capital improvement or facility expansion that has been identified in the capital improvements plan and the municipality or county commits to complete construction within seven y…

Any new development for which an impact fee has been paid is entitled to the permanent use and benefit of the services for which the fee was exacted and is entitled to receive prompt service from any existing facilities with actual capacity to serve the new service units. History…

into agreements to reduce fees. Municipalities or counties may spend funds from any lawful source or pay for all or a part of the capital improvements or facility expansions to reduce the amount of impact fees. A developer and a municipality or county may agree to offset or reduc…

Governmental entities shall pay all impact fees imposed under the Development Fees Act. History: Laws 1993, ch. 122, § 14.

Any construction of, contributions to or dedications of on-site or off-site facilities, improvements, or real or personal property with off-site benefits not required to serve the new development, in excess of minimum municipal and county standards established by a previously ado…

A. The order, ordinance or resolution imposing an impact fee shall provide that all money collected through the adoption of an impact fee shall be maintained in separate interest-bearing accounts clearly identifying the payor and the category of capital improvements or facility e…

A. Upon the request of an owner of the property on which an impact fee has been paid, the municipality or county shall refund the impact fee if existing facilities are available and service is not provided or the municipality or county has, after collecting the fee when service w…

Except as otherwise provided by the Development Fees Act, a municipality or county shall comply with that act to levy an impact fee. History: Laws 1993, ch. 122, § 18.

To impose an impact fee, a municipality or county shall schedule and publish notice of a public hearing to consider land use assumptions within the designated service area that will be used to develop the capital improvements plan. History: Laws 1993, ch. 122, § 19.

As used in the Development Fees Act: A. "affordable housing" means any housing development built to benefit those whose income is at or below eighty percent of the area median income; and who will pay no more than thirty percent of their gross monthly income towards such housing;…

On or before the date of the first publication of the notice of the hearing on land use assumptions, the municipality or county shall make available to the public its land use assumptions, the time period of the projections and a description of the general nature of the capital i…

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice shall contain: (1) a headline to read as follows: "NOTICE OF PUBLIC HEARING O…

A. A municipality or county may adopt system-wide land use assumptions for water supply and treatment facilities in lieu of adopting land use assumptions for each service area for such facilities. B. Prior to adopting system-wide land use assumptions, a municipality or county sha…

use assumptions. If the governing body adopts an ordinance, order or resolution approving the land use assumptions, the municipality or county shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and plannin…

Upon completion of the capital improvements plan, the governing body shall schedule and publish notice of a public hearing to discuss the adoption of the capital improvements plan and imposition of the impact fee. The public hearing must be held by the governing body of the munic…

On or before the date of the first publication of the notice of the hearing on the capital improvements plan and impact fee, the plan shall be made available to the public. History: Laws 1993, ch. 122, § 25.

fee. A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice must contain the following: (1) a headline to read as follows: "NOTICE O…

plan and impact fees. The advisory committee created under Section 37 [5-8-37 NMSA 1978] of the Development Fees Act shall file its written comments on the proposed capital improvements plan and impact fees before the fifth business day before the date of the public hearing on th…

required. A. The municipality or county, within thirty days after the date of the public hearing on the capital improvements plan and impact fee, shall approve, disapprove or modify the adoption of the capital improvements plan and imposition of an impact fee. B. An ordinance, or…

improvements plan. A. In lieu of separately adopting the land use assumptions and capital improvements plan for a service area containing not greater than three hundred units, a municipality or county may consolidate the land use assumptions and the capital improvements plan, and…

A. Unless otherwise specifically authorized by the Development Fees Act, no municipality or county may enact or impose an impact fee. B. If it complies with the Development Fees Act, a municipality or county may enact or impose impact fees on land within its respective corporate …

improvements plan required. A. A municipality or county imposing an impact fee shall update the land use assumptions and capital improvements plan at least every five years. The initial five- year period begins on the day the capital improvements plan is adopted. B. The municipal…

improvements plan. The governing body of the municipality or county shall, within sixty days after the date it receives the update of the land use assumptions and the capital improvements plan, schedule and publish notice of a public hearing to discuss and review the update and s…

improvements plan or impact fee. A public hearing shall be held by the governing body of the municipality or county to discuss the proposed ordinance, order or resolution amending land use assumptions, the capital improvements plan or the impact fee. On or before the date of the …

capital improvements plan or impact fee. A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice must contain the following: (1) a he…

The advisory committee created under Section 37 [5-8-37 NMSA 1978] of the Development Fees Act shall file its written comments with the applicable municipality or county on the proposed amendments to the land use assumptions, capital improvements plan or impact fees before the fi…

A. The municipality or county, within thirty days after the date of the public hearing on the amendments, shall approve, disapprove, revise or modify the amendments to the land use assumptions, the capital improvements plan or impact fees. B. An ordinance, order or resolution app…

capital improvements plan or impact fee is needed. A. If at the time an update under Section 30 [5-8-30 NMSA 1978] of the Development Fees Act is required, the governing body determines that no changes to the land use assumptions, capital improvements plan or impact fees are need…

A. On or before the date on which the order, ordinance or resolution is adopted under Section 19 [5-8-19 NMSA 1978] of the Development Fees Act, the governing body of a municipality or county shall appoint a capital improvements advisory committee. B. The advisory committee shall…

If the governing body of the municipality or county does not perform a duty imposed under the Development Fees Act within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request…