Section 3-51-11 - Formation of district; provisional order hearing; notice. - New Mexico Statutes

3-51-11. Formation of district; provisional order hearing; notice.

A.     In the provisional order the governing body shall set a time at least twenty days thereafter and place at which the owners of the property to be assessed may appear and be heard as to the propriety and advisability of forming the parking district which has been provisionally ordered.   

B.     Notice shall be given:   

(1)     by publication in a newspaper of general circulation in the city once each week on the same weekday for two consecutive weeks, the last publication to be at least five days prior to the date of the hearing; and   

(2)     by mailing a copy of the notice to each of the property owners at his last known address at least ten days before such hearing. The names and addresses of the property owners shall be obtained from the records of the county assessor or from such other sources as the city clerk deems reliable.   

C.     Proof of publication shall be by affidavit of the publisher.   

D.     Proof of mailing shall be by affidavit of the person mailing the notice.   

E.     The notice shall describe:   

(1)     the project proposed (without mentioning minor details or incidentals);   

(2)     the estimated cost of the project and the part or portion, if any, to be paid from sources other than assessments;   

(3)     the fact that assessments shall be in proportion to the special benefits derived to the property comprising the proposed district;   

(4)     the extent of the proposed district to be assessed (by boundaries or other brief description);   

(5)     the maximum amount of the preliminary fund assessment, if any, to be levied against the property within the district pursuant to Section 3-51-14 NMSA 1978;   

(6)     the time and place when and where the governing body will consider the ordering of the proposed project and hear all objections that may be made in writing and filed with the city clerk at least two days prior thereto, or verbally at the hearing, concerning the same, by the owner of any property to be assessed; and   

(7)     the fact that the description of the property proposed to be assessed and all proceedings in the premises are on file and can be seen and examined at the office of the city clerk during business hours, at any time, by any person so interested.