N.M. Stat. § 3-41-2
Flood control; tax levy; limitations; election; result; bond
issue may supplement; levy.
A. A municipality may levy a tax upon all property subject to property taxation within
the municipality for such length of time as is necessary to accomplish the purpose
authorized in Sections 3-41-1 and 3-41-3 NMSA 1978. The rate of the tax authorized by
this subsection shall not exceed five dollars ($5.00), or any lower maximum amount
required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978
upon a tax levied under this section, on each one thousand dollars ($1,000) of net
taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to
38 NMSA 1978].
B. Before levying the tax, the municipality shall submit to the qualified electors of the
municipality the question of levying the tax. The question may be submitted at any
regular or special local election called for that purpose. Notice of the election shall be
given as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978].
C. The municipality shall print the words "For tax levy for flood protection purposes"
and "Against tax levy for flood protection purposes" or words of like import. The vote
upon the question shall be separately canvassed as other municipal elections are
canvassed.
D. If a majority of the votes cast favors the levy of the tax, the governing body shall
levy and certify the levy as any other tax is levied for municipal purposes.
E. Nothing in this section shall be construed as prohibiting the issuance of
negotiable bonds as authorized in Section 3-30-5 NMSA 1978 to pay the cost of
preventing flood damage.
F. If a county has levied a tax for flood control purposes as authorized in Sections
4-50-1 through 4-50-9 NMSA 1978 or any other law, the municipality is not prohibited
from levying a tax as authorized in this section.