Every county shall have the power to construct improvements authorized by the County Improvement District Act on any location within the boundaries of the county, a municipality or another county. Improvements shall be constructed pursuant to the powers granted in the County Improvement District Act only if the governing body of the municipality or the board of county commissioners of such other county in which such improvements are to be made has, by resolution submitted to the board of county commissioners of the county, determined:

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

B. that the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the municipality or such other county 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 county; 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 municipality or such other county, have not objected in writing to such improvements within thirty days after having received written notice of the adoption of the provisional order described in Subsection E of Section 4-55A-11 [4-55A-7] NMSA 1978 by the board of county commissioners. The board of county commissioners may enter into a joint powers agreement with the governing body of the municipality or the board of county commissioners of such other county to provide for joint administration of any such improvement district.

History: Laws 1980, ch. 91, § 5; 1991, ch. 199, § 35.

Bracketed material. — The bracketed material was inserted by the compiler to correct an apparently erroneous internal reference and is not part of the law.

The 1991 amendment, effective April 4, 1991, rewrote this section which read "Every county shall have the power to construct improvements authorized by the County Improvement District Act on or through any street or right-of-way one side of which lies within the boundaries of a municipality. The board may enter into a joint powers agreement with the governing body of the municipality to provide for joint administration of any such improvement district".