A. Following formation of the district, an area may be deleted from the district only following a hearing on notice to the owners of land in the district given in the manner prescribed for the formation hearing, adoption of a resolution of intention to do so by the district board, a determination by the owners and voter approval by the qualified electors as provided in the local [Local] Election Act [Chapter 1, Article 22 NMSA 1978] and the Public Improvement District Act. Lands within the district that are subject to the lien of property taxes, special levies or other charges imposed pursuant to the Public Improvement District Act shall not be deleted from the district while there are bonds outstanding that are payable by such taxes, special levies or charges.
B. Following formation of the district, an area may be added to the district upon a determination by the owners of land in the proposed addition area and the approval of the qualified electors residing therein, as well as a determination by the owners of land in the district and approval of the qualified electors of the district, as provided in the Local Election Act and the Public Improvement District Act.
C. The district board, following a hearing on notice to the owners of real property located in the district given in the manner prescribed for the formation hearing, may amend the general plan in any manner that it determines will not substantially reduce the benefits to be received by any land in the district from the public infrastructure on completion of the work to be performed under the general plan. No election shall be required solely for the purposes of this subsection.
History: Laws 2001, ch. 305, § 13; 2019, ch. 212, § 196.
ANNOTATIONSThe 2019 amendment, effective April 3, 2019, provided that changes in district boundaries shall comply with provision of the Local Election Act; in Subsection A, after "as provided in", deleted "Sections 6 and 7 of the Public Improvement District Act" and added "the Local Election Act and the Public Improvement District Act"; and in Subsection B, after "qualified electors", deleted "in the same manner as required for the formation of a district" and added "of the district, as provided in the Local Election Act and the Public Improvement District Act".