A. Whenever the board determines that the creation of an improvement district is necessary for the public safety, health or welfare, the board may create an improvement district for any one or any combination of projects authorized in the County Improvement District Act by the:

(1) provisional order method; or

(2) petition method.

B. The board may adopt any ordinance or resolution necessary or proper to accomplish the purposes of the County Improvement District Act.

C. The improvement district shall include for the purpose of assessment or imposition of an improvement district property tax all the property that the board determines is benefited by the improvement authorized by the County Improvement District Act, including property used for public, governmental, charitable or religious purposes, except that of the United States or any agency, instrumentality or corporation thereof in the absence of a consent of congress, but shall not include any property within the exterior boundaries of a municipality except as provided in Section 4-55A-5 NMSA 1978 and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation.

History: Laws 1980, ch. 91, § 3; 1991, ch. 199, § 32; 1998, ch. 47, § 3.

The 1998 amendment, effective July 1, 1998, in Subsection A, substituted "the County Improvement District Act" for "Chapter 4, Article 55A NMSA 1978"; in Subsection C, inserted "or imposition of an improvement district property tax", substituted "that" for "which", substituted "the County Improvement District Act" for "Sections 4-55A-1 through 4-55A-39 NMSA 1978"; substituted "used" for "utilized" and inserted "and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation".

The 1991 amendment, effective April 4, 1991, substituted "Chapter 4, Article 55A NMSA 1978" for "Section 4 of the County Improvement District Act" in Subsection A and, in Subsection C, inserted "authorized by Sections 4-55A-1 through 4-55A-39 NMSA 1978" near the beginning, substituted "Section 4-55A-5 NMSA 1978" for "Section 5 of the County Improvement District Act" at the end, and made a minor stylistic change.