Section 3-51-10 - Formation of district by petition. - New Mexico Statutes

3-51-10. Formation of district by petition.

A.     A district for the construction of any improvement authorized by the Greater Municipality Parking Law [3-51-1 to 3-51-45 NMSA 1978] may be formed by the filing of a petition in the office of the clerk of the city in which the district is to be formed, signed by the owners of not less than one-half of the assessed value of all the real property within the tentative boundaries of the proposed district, as shown by the last preceding assessment roll of the county wherein such district is proposed to be formed.   

B.     The petition may be signed by any private corporation or, upon being authorized by the proper court, by a trustee, guardian, executor or administrator of an estate who is appointed as such under the laws of this state and who as such trustee, guardian, executor or administrator is entitled to exercise the rights of ownership of the real property belonging to the estate which he represents.   

C.     In determining whether a requisite number of property owners have signed the petition, the governing body of the city may rely upon the names appearing in the records of the county assessor, which shall be prima facie evidence of ownership.   

D.     The petition shall set forth:   

(1)     a general description of the proposed boundaries of the district;   

(2)     a general description of the contemplated project and its proposed location;   

(3)     a request that the governing body of the city declare the formation of a parking district; and   

(4)     a statement that the petition is filed pursuant to this section.   

E.     Upon filing of a petition satisfying the requirements of this section, in the office of the clerk of the city, the governing body shall proceed as if the formation of the district had been initiated by the governing body pursuant to Section 3-51-9 NMSA 1978.