Improvements shall be constructed pursuant to the powers granted in Section 3-33-8 NMSA 1978 and assessments shall be levied against property lying without the municipality only if the board of county commissioners of the county in which such improvements are to be made has, by resolution, submitted to the governing body of the municipality, determined:

A. that the construction of such improvements is in the best interests of the county;

B. that the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the county but without the municipality constructing the improvements is determined in the same manner as the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the municipality; and

C. that the owners of real property representing at least fifty-one percent of the total assessed valuation of the property benefited which lies within the county but outside the municipal boundary have not objected in writing to the construction of such improvements within thirty days after having received written notice of the adoption of the provisional order described in Subsection E of Section 3-33-11 NMSA 1978 by the governing body of the municipality. The governing body of the municipality may enter into a joint powers agreement with the board of county commissioners to provide for joint administration of any such improvement district.

History: 1953 Comp., § 14-32-3.6, enacted by Laws 1977, ch. 325, § 3; 1991, ch. 199, § 7.

The 1991 amendment, effective April 4, 1991, deleted the former first sentence which read "Assessments shall be levied against property lying without the municipality only where the improvements conferring the benefit are located on or through a street or right-of-way which is described in Section 14-32-3.5 NMSA 1953"; substituted "3-33-8 NMSA 1978 and assessments shall be levied against property lying without the municipality" for "14-32-3.5 NMSA 1953" in the second sentence; in Subsection C substituted "adoption of the provisional order described in Subsection E of Section 3-33-11 NMSA 1978" for "passage of the approving resolution adopted" and added the final sentence.