5-15-12. District powers; limitations.
586 words·~3 min read·
/nm/chapter-5-municipalities-and-counties/article-15-tax-increment-for-development/5-15-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. In addition to other express or implied authority granted by law, a district shall have the power to:
(1)enter into contracts or expend money for any public purpose with respect to the district;
(2)enter into agreements with a municipality, county or other local government entity in connection with real property located within the district;
(3)enter into an intergovernmental agreement in accordance with the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] for the planning, design, inspection, ownership, control, maintenance, operation or repair of public infrastructure or the provision of enhanced services by the municipality or county in which the district lies or for any other purpose authorized by the Tax Increment for Development Act;
(4)sell, lease or otherwise dispose of district property if the sale, lease or conveyance is not a violation of the terms of any contract or bond covenant of the district;
(5)reimburse a municipality or county in which the tax increment development district is located for providing services within the tax increment development area;
(6)operate, maintain and repair public infrastructure until dedicated to the governing body;
(7)employ staff, counsel, advisors and consultants;
(8)reimburse a municipality or county in which the district is located for staff and consultant services and support facilities supplied by the municipality or county;
(9)accept gifts or grants and incur and repay loans for a public purpose;
(10)enter into an agreement with an owner concerning the advance of money by an owner for a public purpose or the granting of real property by the owner for a public purpose;
(11)levy property taxes in accordance with election requirements of the Tax Increment for Development Act for a public purpose on real property located in the district;
(12)pay the financial, legal and administrative costs of the district;
(13)enter into contracts, agreements and trust indentures to obtain credit enhancement or liquidity support for its bonds and process the issuance, registration, transfer and payment of its bonds and the disbursement and investment of proceeds of the bonds in accordance with the provisions for investment of funds by municipal treasurers;
(14)borrow money within the limits of the Tax Increment for Development Act to fund the construction, operation and maintenance of public improvements until dedicated to the governing body or for any other lawful public purposes related to the purposes of the Tax Increment for Development Act; and
(15)use public easements and rights of way in or across public property, roadways, highways, streets or other thoroughfares and other public easements and rights of way of the district, municipality or county.
B. Notwithstanding the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] or local procurement requirements that may otherwise be applicable to the municipality or county in which the district is located, the district board may enter into contracts to carry out any of the tax increment development district's authorized powers, including the planning, design, engineering, financing, construction and acquisition of public improvements for the district, with a contractor, an owner or other person or entity, on such terms and with such persons as the district board determines to be appropriate.
C. A district shall not have the power of eminent domain for any purpose.
D. A casino shall not be located in a district, and a district shall not use the proceeds of property tax increment bonds or gross receipts tax increment bonds to finance public improvements for a casino.
History: Laws 2006, ch. 75, § 12.