5-15-6. Notice of public hearing.
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/nm/chapter-5-municipalities-and-counties/article-15-tax-increment-for-development/5-15-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Upon adoption of a resolution indicating an intent to form a tax increment development district, a governing body shall set a date no sooner than thirty days and no later than sixty days after the adoption of the resolution for a public hearing regarding the formation of the district.
B. Notice of the hearing shall be provided by the governing body by:
(1)publication once each week for two consecutive weeks in a newspaper of general circulation in the municipality or county in which the proposed district is located;
(2)posting in a prominent location on property located within the proposed tax increment development area for fourteen days prior to the hearing; and
(3)written notice via registered or certified United States mail, postage prepaid, no later than ten days prior to the hearing to:
(a)all owners of real property within the proposed tax increment development area; and
(b)the secretary of taxation and revenue, the secretary of finance and administration and the director of the legislative finance committee.
C. The notice of the hearing shall contain:
(1)the date, time and place of the hearing;
(2)information regarding alternative methods for submission of objects or comments;
(3)a statement that the formation of a district is proposed;
(4)a map showing the boundaries of the proposed district;
(5)a statement that a tax increment development plan is on file with the clerk of the governing body and may be reviewed upon request;
(6)a summary of the resolution as set forth in Subsection D of this section; and
(7)a copy of the application.
D. A summary of the resolution declaring the governing body's intent to form a tax increment development district shall be attached to a notice issued pursuant to this section. The clerk of the governing body shall mail a copy of the notice to each owner of real property within the proposed tax increment development area and to all other persons claiming an interest in the property who have filed a written request for a copy of the notice within the six months preceding or at any time following the adoption of the resolution.
The clerk of the governing body shall publish a copy of the notice and resolution summary at least twice in a newspaper of general circulation in the municipality or county in which the proposed tax increment development district is located. The clerk of the governing body shall obtain an affidavit from that newspaper after each publication is made. The clerk of the governing body shall cause the affidavits to be placed in the official records of the municipality or county. The affidavits are conclusive evidence of the mailing and publishing of notice.
Notice shall not be held invalid for failure of delivery to the addressee.
E. A clerk of a governing body who is informed of a transfer of ownership of real property within a proposed district and who obtains the name and address of the current property owner shall mail a copy of the notice and resolution as soon as practicable after learning of the transfer.
History: Laws 2006, ch. 75, § 6; 2009, ch. 179, § 3.