Formation of district; provisional order hearing; conduct; appeal.

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A. The owner of any property within the proposed district may, not less than two days preceding the hearing, file with the clerk his specific objections in writing. Any objection to the regularity, validity and correctness of the proceedings, including the validity and amount of the preliminary fund assessment, shall be deemed waived unless presented at the time and in the manner specified in this subsection.

B. At the time and place designated for hearing the objections, the governing body of the city shall hear and determine all objections that have been filed. The governing body shall have the power to adjourn the hearing and shall have power by resolution, in its discretion, to revise, correct or confirm any proceedings previously taken.

C. Within fifteen days after the publication of the ordinance forming the parking district, a person who has filed an objection, as provided in Subsection A of this section, shall have the right to appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

History: 1953 Comp., § 14-52-10.2, enacted by Laws 1971, ch. 173, § 7; 1998, ch. 55, § 15; 1999, ch. 265, § 15.

ANNOTATIONS

Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C.

The 1998 amendment, effective September 1, 1998, in Subsection A, deleted "or owners" following "owner" and "herein" following "manner", and inserted "in this subsection"; in Subsection B, deleted "so" following "place" and "been", substituted "The" for "and said", deleted "from time to time" following "hearing", and substituted "previously" for "theretofore"; and rewrote Subsection C.


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