Section 22-26A-6 - Authorizing lease purchase arrangements; resolution. - New Mexico Statutes

22-26A-6. Authorizing lease purchase arrangements; resolution.

A.     If a local school board proposes to acquire a building or other real property through a lease purchase arrangement, it shall comply with the requirements of this section and the provisions of the Open Meetings Act [10-15-1.1 NMSA 1978].

B.     At a regular meeting or at a special meeting called for the purpose of considering the acquisition of a building or other real property through a lease purchase arrangement, a local school board shall:

(1)     make a determination of the necessity for acquiring the building or other real property through a lease purchase arrangement;

(2)     determine the estimated cost of the buildings or other real property needed;

(3)     review a summary of the terms of the proposed lease purchase arrangement;

(4)     identify the source of funds for the lease purchase payments;

(5)     if obtaining all or part of the funds needed requires or anticipates the imposition of a property tax, determine the estimated rate of the tax and what, if any, the percentage increase in property taxes will be for real property owners in the school district; and

(6)     if the board determines that the lease purchase arrangement is in the best interest of the school district, forward a copy of the arrangement to the department pursuant to Section 22-26A-4 NMSA 1978.

C.     After receiving department approval of the lease purchase arrangement, the local school board may adopt a final resolution approving the lease purchase of the building or other real property. 

D.     If the local school board finds that obtaining all or part of the funds needed for the lease purchase arrangement requires the imposition of a property tax, the board may also adopt a resolution to be presented to the voters pursuant to Section 22-26A-8 NMSA 1978, provided that:

(1)     if a charter school that is located within the school district has notified the local school board that the charter school has been approved to enter into a lease purchase arrangement and has identified revenue from the proposed tax as a source of needed funds, the local school board:

(a)     shall include the tax revenue needed by the charter school in the resolution if the charter school is a locally chartered or state-chartered charter school whose charter has been renewed at least once; and

(b)     may, in its discretion, include the tax revenue needed by the charter school in the resolution if the charter school is a locally chartered charter school prior to its first renewal term; and

(2)     if the tax revenue for a charter school is included in the resolution and, if the tax is approved in an election pursuant to Sections 22-26A-8 through 22-26A-12 NMSA 1978, the local school board shall distribute an amount of the tax revenue, as established in its resolution, to the charter school to be used in the lease purchase arrangement.

E.     The local school board shall not adopt a resolution for or approve a lease purchase arrangement for a term that exceeds thirty years.