2017 New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 15 - Tax Increment for Development
Section 5-15-7 - Public hearing.
5-15-7. Public hearing.
A. At a public hearing conducted pursuant to the Tax Increment for Development Act, the governing body shall hear all relevant evidence and testimony and make findings. A record of the hearing shall be kept and may consist of a transcription by a court reporter, an electronic recording or minutes taken by a designated person. The record shall be preserved in the official records of the governing body and shall be open to public inspection pursuant to the Inspection of Public Records Act [14-2-1 through 14-2-12 NMSA 1978].
B. Testimony at a hearing is not required to be given under oath.
C. At the conclusion of a hearing, the governing body shall determine whether the tax increment development district should be formed based upon the interests, convenience or necessity of the owners, the residents of the proposed tax increment development district and the residents of the municipality or county in which the proposed tax increment development district is to be located. The governing body shall make the following findings before adopting a resolution to approve the formation of a district:
(1) the tax increment development plan reasonably protects the interests of the governing body in meeting its goals to support:
(a) job creation;
(b) workforce housing;
(c) public school facility creation and improvement, including the creation and improvement of facilities for charter schools; and
(d) underdeveloped area or historical area redevelopment;
(2) the tax increment development plan demonstrates elements of innovative planning techniques, including mixed-use transit-oriented development, traditional neighborhood design or sustainable development techniques, that are deemed by the governing body to benefit community development;
(3) the tax increment development plan incorporates sustainable development considerations; and
(4) the tax increment development plan conforms to general or long-term planning of the governing body.
D. If the governing body determines that the district should be formed, it shall adopt a resolution ordering that the tax increment development district be formed and shall set the matter for an election or declare that an election is waived, as provided in the Tax Increment for Development Act.
History: Laws 2006, ch. 75, 7.
