Section 5-16-6 - Powers of the district. - New Mexico Statutes

5-16-6. Powers of the district.

A.     A district is a body politic and corporate.  In addition to other powers granted to the district pursuant to the Regional Spaceport District Act [5-16-1 NMSA 1978], the district may: 

(1)     have perpetual existence, except as otherwise provided in the contract; 

(2)     sue and be sued; 

(3)     enter into contracts and agreements affecting the affairs of the district; 

(4)     pledge all or a portion of the revenues to the payment of bonds of the authority; and 

(5)     construct, in connection with the authority, a regional spaceport within the boundaries of the district.  

B.     After the creation of a district, the board may include property within or exclude property from the boundaries of the district in the manner provided in this section.  Property shall not be included within the boundaries of the district unless it is within the boundaries of the members of the combination at the time of the inclusion.  Prior to inclusion of property in or exclusion of property from the boundaries of the district, the board shall cause notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the district and cause the notice to be mailed to the authority.  The notice shall: 

(1)     describe the property to be included in or excluded from the boundaries of the district; 

(2)     specify the date, time and place at which the board shall hold a public hearing on the proposed inclusion or exclusion; provided that the date of the public hearing contained in the notice shall be not less than twenty days after publication of the notice; and 

(3)     state that persons having objections to the inclusion or exclusion may appear at the public hearing to object to the proposed inclusion or exclusion.  

C.     The board shall hear all objections to the proposed inclusion or exclusion of property at the time and place designated in the notice.  The board, upon the affirmative vote of two-thirds of the directors, may adopt a resolution including or excluding all or a portion of the property described in the notice.  Upon the adoption of the resolution, the property shall be included within or excluded from the boundaries of the district as set forth in the resolution.  The board may adopt the resolution without amending the district's enabling contract.  The board shall file the resolution with the authority, which shall cause the resolution to be recorded in the real estate records of each county having territory included in the boundaries of the district.