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NEW MEXICO STATUTES AND CODES

Section 5-15-10 - Governance of the district.

5-15-10. Governance of the district.

A.     Following formation of a tax increment development district, a district board shall administer in a reasonable manner the implementation of the tax increment development plan as approved by the governing body.

B.     The district shall be governed by the governing body that adopted a resolution to form the district or by a five-member board composed of four members appointed by that governing body; provided, however, that the fifth member of the five-member board is the secretary of finance and administration or the secretary's designee with full voting privileges.

C.     Two of the appointed directors shall serve an initial term of six years.  Two of the appointed directors shall serve an initial term of four years.  The resolution forming the district shall state which directors shall serve four-year terms and which shall serve six-year terms.  If a vacancy occurs on the district board because of the death, resignation or inability of the director to discharge the duties of the director, the governing body shall appoint a director to fill the vacancy, and the director shall hold office for the remainder of the unexpired term until a successor is appointed or elected.

D.     A director may be a director of more than one district.

E.     In the case of an appointed board of directors that is not the governing body, at the end of the appointed directors' initial terms, the board shall hold an election of new directors by majority vote of owners and qualified resident electors in accordance with the Tax Increment for Development Act [5-15-1 NMSA 1978].  Each owner shall have the number of votes or portion of votes equal to the number of acres or portion of acres rounded upward to the nearest one-fifth of an acre owned in the district by that owner.

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