Special District Procedures

NMSA 1978 ch. 4, art. 53

in effect

NMSA 1978, § 4-53-1 Short title

4-53-1. Short title Chapter 4, Article 53 NMSA 1978 may be cited as the "Special District Procedures Act". 1953 Comp., § 15-53-1, enacted by Laws 1965, ch. 291, § 1; 1978 Comp., § 4-53-1, 2025, ch. 83, § 14.

NMSA 1978, § 4-53-2 Definitions

4-53-2. Definitions As used in the Special District Procedures Act: A. "special district" means any single or multipurpose district organized or that may be organized as a local public body of this state for the purpose of constructing and furnishing any urban-oriented service which another political subdivision of the state is authorized to perform, including but not limited to the services of water for domestic, commercial or industrial uses, sewage, garbage, refuse collection and recreation, but excluding the functions or services of drainage, irrigation, reclamation, soil and water conservation or flood control; B. "county officer" means an elected county official or a member of the board of county commissioners; C. "city officer" means a mayor or a member of the governing authority of municipality; and D. "commission" means a county special district commission. 1953 Comp., § 15-53-2, enacted by Laws 1965, ch. 291, § 2.

NMSA 1978, § 4-53-3 County special district commission

4-53-3. County special district commission A. There shall be created in each county of the state a "county special district commission" consisting of five members selected as follows: (1) two members appointed by the board of county commissioners, each of whom shall represent the county and shall be a county officer; (2) two members appointed by the mayors or chief executives of all municipalities within the county at a joint meeting, each of whom shall represent the municipalities and shall be a city officer; and (3) one member appointed by the other four members of the commission, who shall be chairman of the commission and shall represent the general public in the county. If within five days following their appointment, the four other members of the commission fail to appoint the fifth member of the commission, the district court of the county in which the commission is located shall appoint the fifth member of the commission within ten days following the date of the appointment of the four other members of the commission. B. The term of each member shall be four years and until the appointment and qualification of his successor, except that the term of each county officer and each city officer shall expire upon the termination of his county or city office. Any city or county member may be removed by his appointing authority. C. Vacancies on the commission shall be filled for the unexpired term by the appointing authority which originally appointed the member whose position has become vacant. Commission members shall serve without compensation but shall be reimbursed the actual amounts for their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office, which amounts shall not exceed the amounts permitted for such purposes in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. D. Prior to establishment of a commission in a county, any proposals for the creation of a special district, or petition for the merger, consolidation or dissolution of an existing special district shall be submitted to the county clerk as otherwise provided in the Special District Procedures Act. Upon receipt of the proposal or petition the clerk shall immediately notify the board of county commissioners of the county and each of the governing authorities of all municipalities in the county of such receipt. The counties and municipalities shall then proceed to establish a commission. 1953 Comp., § 15-53-3, enacted by Laws 1965, ch. 291, § 3.

NMSA 1978, § 4-53-4 Powers and duties of commission

4-53-4. Powers and duties of commission The commission may: A. review and approve, or disapprove with or without amendment, wholly, partially or conditionally, proposals to create special districts within the county; B. review and approve, or disapprove petitions for the dissolution, consolidation or merger of special districts within the county; and C. adopt standards and procedures consistent with the provisions of the Special District Procedures Act for the evaluation of proposals for the creation, dissolution, consolidation and merger of special districts. 1953 Comp., § 15-53-4, enacted by Laws 1965, ch. 291, § 4.

NMSA 1978, § 4-53-5 Proposals for creation of special districts

4-53-5. Proposals for creation of special districts A. Any proposal for the creation of a special district shall be submitted to the commission prior to any election or court hearing provided in the law authorizing the creation of the special district by those parties authorized by law to initiate proceedings for the creation of a special district. B. Upon receiving notice of a proposal to create a special district, the commission shall direct the county clerk to give notice of the proposal to create a special district to: (1) each municipality within twenty miles of the territory of the proposed district; (2) each special district with boundaries adjacent to the proposed boundaries of the proposed district and which is performing the same type of service that the proposed district would perform; and (3) the board of county commissioners. C. At the same time the commission shall cause to be published in a newspaper of general circulation in the county an announcement of its receipt of the proposal, and notice of intention to hold a public hearing on a proposal to create the proposed district, which hearing shall be held not less than twenty nor more than forty days from receipt of the notification of the proposal to create the special district. 1953 Comp., § 15-53-5, enacted by Laws 1965, ch. 291, § 5.

NMSA 1978, § 4-53-6 Merger, consolidation or dissolution of special district

4-53-6. Merger, consolidation or dissolution of special district A. Any municipality, county or special district may by resolution adopted by its governing body, petition the commission requesting the merger, dissolution or consolidation of any special district within the county. Merger or consolidation petitions shall include information as will permit the commission to evaluate the degree to which the proposed action will permit more effective and efficient performance of the service provided by the special district. B. The resident property owners of any special district may petition the commission requesting the merger, dissolution or consolidation of any special district in which they reside. The petition shall be signed by at least twenty percent of the property owners actually residing within the territory of the special district. C. Upon receipt of a petition for the merger, dissolution or consolidation of a special district, the commission shall direct the county clerk to notify the governing authorities of each political subdivision specified in Subsection B of Section 5 [4-53-5 NMSA 1978], and the governing body of the special district which is the subject of the petition. At the same time the commission shall cause to be published an announcement of such petition and the hearing to be held thereon in the manner provided in Subsection C of Section 5. 1953 Comp., § 15-53-6, enacted by Laws 1965, ch. 291, § 6.

NMSA 1978, § 4-53-7 Hearings

4-53-7. Hearings At public hearings held pursuant to the Special District Procedures Act, the commission shall hear any interested party having made a written request to be heard, and shall receive any reports on the proposal before it. The commission may make and enforce any rules and regulations as necessary for the orderly and fair hearing on the issues before it. 1953 Comp., § 15-53-7, enacted by Laws 1965, ch. 291, § 7.

NMSA 1978, § 4-53-8 Factors to be considered

4-53-8. Factors to be considered A. Factors to be considered in the review of a proposal for creation, consolidation, merger or dissolution of a special district shall include but not be limited to: (1) population; population density; land area; land use; per capita assessed valuation; topography, natural boundaries and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas during the next ten years; (2) need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for such services and controls; probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas; and the probable effect of the proposed action on the total tax and indebtedness burden upon the taxpayers of the area; (3) the effect of the proposed action, and of alternative actions, on adjacent areas, on mutual social and economic interests and on the local government structure of the county. B. Any municipality, county or special district receiving notification of hearing to be held by the commission may: (1) in the case of a petition for creation of a new special district indicate to the commission its willingness and ability to provide the service to be undertaken by the proposed district. The notification shall include references to appropriate statutory authority empowering the municipality, county or special district to assume responsibility for providing the service within the territory of the proposed district and shall include appropriate evidence of its financial ability to provide the services. It may also include reasons why it, rather than the proposed district, should provide the service. (2) in the case of petition for the dissolution, consolidation or merger of a special district, submit to the commission its recommendations concerning such proposals. If the petition for dissolution, consolidation or merger is based upon a municipality, county or special district assuming the function undertaken by the subject special district, the notification shall include references to appropriate statutory authority empowering the municipality, county or special district to assume responsibility for providing the services with [within] the territory of the subject district and shall include appropriate evidence of its financial ability to provide the services. It may also include reasons why it, rather than the subject district, should provide the services. 1953 Comp., § 15-53-8, enacted by Laws 1965, ch. 291, § 8.

NMSA 1978, § 4-53-9 Multi-county special districts

4-53-9. Multi-county special districts In the event that the territory of any special district lies in two or more counties, proposals to create, or petitions to merge, consolidate or dissolve special districts shall be forwarded to commissions in each of the counties affected. The commissions shall within ten days agree upon a date and place for a joint public hearing and shall proceed jointly as otherwise directed by the Special District Procedures Act, except that all time spans shall be measured from the date of the agreement. 1953 Comp., § 15-53-9, enacted by Laws 1965, ch. 291, § 9.

NMSA 1978, § 4-53-10 Decisions of commission

4-53-10. Decisions of commission A. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within thirty days following conclusion of the hearing, present its decision. The commission may also adjourn a hearing from time to time, but not to exceed a total of thirty days. B. If the commission approves the formation of the proposed special district, proceedings for its formation may be continued as otherwise provided by law. If the commission approves the proposed formation with modifications or conditions, further proceedings for the special district's formation may be continued only in compliance with such modifications or conditions. If the commission disapproves the formation of the proposed special district no further action shall be taken to create the special district and notice of intention to create such a district may not be presented to the commission for at least two years after the date of disapproval. C. The commission may order the merger, dissolution or consolidation of a special district where the factors specified in Section 8 [4-53-8 NMSA 1978] indicate the action is appropriate and [it] finds: (1) that a petitioning municipality, county or existing special district adjacent to the subject district can provide the service to the residents of the subject district more effectively and more economically; or (2) where it finds that there is no longer a need for the service provided by a subject district. D. Decisions approving proposals for the merger, consolidation or dissolution of a special district shall provide for the equitable disposition of the assets of the subject district, for the adequate protection of the legal rights of the employees of the special district and for adequate protection of the legal rights of creditors; provided that no provision of the Special District Procedures Act shall be construed as to relieve any bonded indebtedness of a merged, consolidated or dissolved special district which is subject to any tax levied upon property in the district. 1953 Comp., § 15-53-10, enacted by Laws 1965, ch. 291, § 10.

NMSA 1978, § 4-53-11 Administration

4-53-11. Administration The usual and necessary operating expenses incurred by the commission shall be prorated among the municipalities in the county by an agreement between the county and such municipalities. 1953 Comp., § 15-53-11, enacted by Laws 1965, ch. 291, § 11.

NMSA 1978, § 4-53-12 Exemption

4-53-12. Exemption The state fairgrounds district and the provisions of the State Fairgrounds District Act [Chapter 6, Article 35 NMSA 1978] are exempt from the provisions of the Special District Procedures Act. Laws 2025, ch. 83, § 15.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18505/index.doFetched: 10/20/2026