Section 5-16-4 - Creation of district. - New Mexico Statutes

5-16-4. Creation of district.

A.     A combination may create a regional spaceport district by contract.  Upon the issuance by the authority of a certificate stating that the district has been duly organized according to the provisions of the Regional Spaceport District Act [5-16-1 NMSA 1978], the district may exercise the functions conferred by the provisions of that act.  The authority shall issue the certificate within thirty days of the filing with the authority of a copy of a contract that fulfills all the requirements set forth in this section and a copy of the bylaws and operating procedures of the district.  The authority shall cause the certificate to be recorded in each county having territory included in the boundaries of the district.  Upon issuance of the certificate by the authority, the district shall constitute a separate political subdivision of the state and shall have all of the duties, privileges, immunities, rights, liabilities and disabilities of a political subdivision.  

B.     A contract establishing a district shall specify the: 

(1)     name and purpose of the district; 

(2)     establishment and organization of the board in which all legislative power of the district is vested; 

(3)     manner of the appointment, term of service and qualifications, if any, of the directors and the procedure for filling vacancies; 

(4)     officers of the district, the manner of their appointment and their duties; 

(5)     voting requirements for action by the board; 

(6)     provisions for the distribution, disposition or division of the assets of the district; 

(7)     term of the contract and the method by which it may be terminated or rescinded, but the contract shall not be terminated or rescinded so long as the authority has bonds outstanding; 

(8)     provisions for amendment of the contract; 

(9)     limitations on the powers granted by the Regional Spaceport District Act that may be exercised by the district; and 

(10)     conditions required when adding or deleting parties to the contract.  

C.     A governmental unit shall not enter into a contract establishing a district without holding at least three public hearings in addition to other requirements imposed by law for public notice.  The governmental unit shall give notice of the time, place and purpose of the public hearing by publication in a newspaper of general circulation in the governmental unit at least ten days prior to the date of the public hearing.  

D.     Upon the approval of the governor and the combination, the state may join in a contract creating a district.  The number of directors of the board to which the state is entitled shall be established in the contract, but in no case shall the state be entitled to less than one director.  The governor shall appoint, with the confirmation of the senate, the director or directors representing the state on the board for a term as established by the contract that created the district.