HOUSE BILL 60
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Brian K. Moore
AN ACT
RELATING TO LOCAL GOVERNMENT; AMENDING SECTIONS OF THE PUBLIC IMPROVEMENT DISTRICT ACT TO PROVIDE FOR OWNERS AND RESIDENTS TO ELECT A DISTRICT BOARD AND TO PROVIDE FOR LIMITATION OF PROPERTY TAX LEVIES TO PAY DEBT SERVICE ON BONDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 5-11-2 NMSA 1978 (being Laws 2001, Chapter 305, Section 2) is amended to read:
"5-11-2. DEFINITIONS.--As used in the Public Improvement District Act:
A. "clerk" means the clerk of the municipality or county, or any person appointed by the district board to be the district clerk pursuant to Section [6 of the Public Improvement District Act] 5-11-6 NMSA 1978;
B. "county" means a county that forms a public
improvement district pursuant to the Public Improvement District Act in an unincorporated area or in an incorporated area with the municipality's consent;
C. "debt service" means the principal of, interest on and premium, if any, on the bonds, when due, whether at maturity or prior redemption; [and] the fees and costs of registrars, trustees, paying agents or other agents necessary to handle the bonds; and the costs of credit enhancement or liquidity support;
D. "development agreement" means an agreement between a property owner or developer and the county, [or] municipality or district, concerning the improvement of specific property within the district, which agreement may be used to establish obligations of the owner or developer, the county or municipality or the district concerning the zoning, subdivision, improvement, impact fees, financial responsibilities and other matters relating to the development, improvement and use of real property within a district;
E. "district" means a public improvement district formed pursuant to the Public Improvement District Act by a municipality or by a county in an unincorporated area or in an incorporated area with the municipality's consent;
F. "district board" means the board of directors of the district, which shall be comprised of members of the governing body, ex officio, or, at the option of the governing body, five directors appointed by the governing body of the municipality or county in which the district is located, until replaced by elected directors, which shall occur not later than six years after the date on which the resolution establishing the district is enacted, as provided in Section [9 of the Public Improvement District Act] 5-11-9 NMSA 1978;
G. "election" means an election held in compliance with the provisions of Sections [6 and 7 of the Public Improvement District Act] 5-11-6 and 5-11-7 NMSA 1978;
H. "enhanced services" means public services provided by a municipality or county within the district at a higher level or to a greater degree than otherwise available to the land located in the district from the municipality or county, including such services as public safety, fire protection, street or sidewalk cleaning or landscape maintenance in public areas. "Enhanced services" does not include the basic operation and maintenance related to infrastructure improvements financed by the district pursuant to the Public Improvement District Act;
I. "general plan" means the general plan described in Section [3 of the Public Improvement District Act] 5-11-3 NMSA 1978, as the plan may be amended from time to time;
J. "governing body" means the body or board that by law is constituted as the governing body of the municipality or county in which the public improvement district is located;
K. "municipality" means an incorporated city, village or town;
L. "owner" means:
(1) the person who is listed as the owner of real property in the district on the current property tax assessment roll in effect at the time that the action, proceeding, hearing or election has begun. For purposes of voting in elections held pursuant to the Public Improvement District Act, when the owner of record title is a married person, only one spouse in whose name title is held may vote at such election. Where record title is held in more than one name, each owner may vote the number of fractions of acres represented by [his] the owner's legal interest or proportionate share of and in the lands within the district;
(2) the administrator or executor of an estate holding record title to land within the district;
(3) the guardian of a minor or incompetent person holding record title to land within the district, appointed and qualified under the laws of the state;
(4) an officer of a corporation holding record title to land within the district, which officer has been authorized by resolution of the corporation's board of directors to act with respect to such land;
(5) the general partner of a partnership holding record title to land within the district; [and]
(6) the trustee of a trust holding record title to land within the district; or
(7) the manager of a limited liability company;
M. "public infrastructure improvements" means all improvements listed in this subsection and includes both on-site improvements and off-site improvements that directly or indirectly benefit the district. Such improvements include necessary or incidental work, whether newly constructed, renovated or existing, and all necessary or desirable appurtenances. "Public infrastructure improvements" includes:
(1) sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge;
(2) drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge;
(3) water systems for domestic, commercial, office, hotel or motel, industrial, irrigation, municipal or fire protection purposes, including production, collection, storage, treatment, transport, delivery, connection and dispersal;
(4) highways, streets, roadways, bridges, crossing structures and parking facilities, including all areas for vehicular use for travel, ingress, egress and parking;
(5) trails and areas for pedestrian, equestrian, bicycle or other nonmotor vehicle use for travel, ingress, egress and parking;
(6) pedestrian malls, parks, recreational facilities and open space areas for the use of members of the public for entertainment, assembly and recreation;
(7) landscaping, including earthworks, structures, lakes and other water features, plants, trees and related water delivery systems;
(8) public buildings, public safety facilities and fire protection and police facilities;
(9) electrical generation, transmission and distribution facilities;
(10) natural gas distribution facilities;
(11) lighting systems;
(12) cable or other telecommunications lines and related equipment;
(13) traffic control systems and devices, including signals, controls, markings and signage;
(14) school sites and facilities with the consent of the governing board of the public school district for which the site or facility is to be acquired, constructed or renovated;
(15) library and other public educational or cultural facilities;
(16) equipment, vehicles, furnishings and other personalty related to the items listed in this subsection; and
(17) inspection, construction management and program management costs;
N. "public infrastructure purpose" means:
(1) planning, design, engineering, construction, acquisition or installation of public infrastructure, including the costs of applications, impact fees and other fees, permits and approvals related to the construction, acquisition or installation of such infrastructure;
(2) acquiring, converting, renovating or improving existing facilities for public infrastructure, including facilities owned, leased or installed by an owner;
(3) acquiring interests in real property or water rights for public infrastructure, including interests of an owner;
(4) establishing, maintaining and replenishing reserves in order to secure payment of debt service on bonds;
(5) funding and paying from bond proceeds interest accruing on bonds for a period not to exceed three years from their date of issuance;
(6) funding and paying from bond proceeds fiscal, financial and legal consultant fees, trustee fees, discount fees, district formation and election costs and all costs of issuance of bonds issued pursuant to the Public Improvement District Act, including, but not limited to, fees and costs for bond counsel, financial advisors, consultants and underwriters, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit and other credit enhancement costs and printing costs;
(7) providing for the timely payment of debt service on bonds or other indebtedness of the district;
(8) refinancing any outstanding bonds with new bonds, including through the formation of a new public improvement district; and
(9) incurring expenses of the district incident to and reasonably necessary to carry out the purposes specified in this subsection;
O. "resident qualified elector" means a person who resides within the boundaries of a district or proposed district and who is qualified to vote in the general elections held in the state pursuant to Section 1-1-4 NMSA 1978;
P. "special levy" means a levy imposed against real property within a district that may be apportioned according to direct or indirect benefits conferred upon affected real property, as well as acreage, front footage, the cost of providing public infrastructure for affected real property, or other reasonable method, as determined by the governing body or district board, as applicable; and
Q. "treasurer" means the treasurer of the governing body or the person appointed by the district board as the district treasurer pursuant to Section [6 of the Public Improvement District Act] 5-11-6 NMSA 1978."
Section 2. Section 5-11-9 NMSA 1978 (being Laws 2001, Chapter 305, Section 9) is amended to read:
"5-11-9. APPOINTMENT OF DIRECTORS--QUALIFICATIONS-- TERMS--RESUMPTION 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 of six years. Two of the appointed directors shall serve an initial term of four years. The resolution forming the district shall state which directors shall serve four-year terms and which shall serve six-year terms. If a vacancy occurs on the district board because of death, resignation or inability of the director to discharge the duties of director, the governing body shall appoint a director to fill the vacancy, who shall hold office for the remainder of the unexpired term until [his] a successor is appointed or elected.
B. A director may be a director of more than one district.
C. At the end of the appointed directors' initial term, the governing body shall resume governance of the district as its board or, at its option, shall hold an election of new directors by majority vote of the residents and owners. 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. The question shall also be submitted to a vote of the resident qualified electors. The conduct of a board of directors election shall meet the requirements of Section 5-11-7 NMSA 1978."
Section 3. Section 5-11-19 NMSA 1978 (being Laws 2001, Chapter 305, Section 19) is amended to read:
"5-11-19. GENERAL OBLIGATION BONDS--TAX LEVY--
EXCEPTION.--
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 and call a general obligation bond election to submit to the owners and resident qualified electors the question of authorizing the district to issue general obligation bonds of the district to provide money for any public infrastructure purposes consistent with the general plan. The question shall include authorization for a levy, including a limitation on the levy, of a property tax to pay debt service on the bonds. The election may be held in conjunction with the formation election.
B. If general obligation bonds are approved at an election, the district board may issue and sell general obligation bonds of the district.
C. Bonds may be sold in a public offering or in a negotiated sale.
D. After the bonds are issued, the district board shall enter in its minutes a record of the bonds sold and their numbers and dates and shall annually levy and cause a property tax to be collected, at the same time and in the same manner as other property taxes are levied and collected on all taxable property in the district, sufficient, together with any money from the sources described in Section [17 of the Public Improvement District Act] 5-11-17 NMSA 1978 to pay debt service on the bonds when due. Money derived from the levy of property taxes that are pledged to pay the debt service on the bonds shall be kept separately from other funds of the district. Property tax revenues not pledged to pay debt service on bonds may be used to pay other costs of the district, including costs of formation, administration, operation and maintenance, services or enhanced services. A district's levy of property taxes shall constitute a lien on all taxable property within the district, including, without limitation, all leased property or improvements to leased land, which shall be subject to foreclosure in the same manner as other property tax liens under the laws of this state. The lien shall include delinquencies and interest thereon at a rate not to exceed ten percent per year, the actual costs of foreclosure and any other costs of the district resulting from the delinquency. The proceeds of any foreclosure sale shall be deposited in the special bond fund for payment of any obligations secured thereby.
E. Subject to the election requirements of this section, a district may issue general obligation bonds at such times and in such amounts as the district deems appropriate to carry out a project or projects in phases.
F. Pursuant to this section, the district may issue and sell refunding bonds to refund general obligation bonds of the district authorized by the Public Improvement District Act. No election is required in connection with the issuance and sale of refunding bonds. Refunding bonds issued pursuant to this section shall have a final maturity date no later than the final maturity date of the bonds being refunded."
Section 4. Section 5-11-26 NMSA 1978 (being Laws 2001, Chapter 305, Section 26) is amended to read:
"5-11-26. CUMULATIVE AUTHORITY.--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 any powers now existing; provided that the issuance of bonds under the provisions of the Public Improvement District Act need not comply with the requirements of any other law applicable to the issuance of bonds, except the Public Securities Limitation of Action Act, which shall apply."
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