N.M. Stat. § 3-63-6
Creation by petition.
A. Whenever ten or more business owners comprising at least fifty-one percent of
the total business owners in the proposed district or whenever five or more real property
owners comprising at least fifty-one percent of the total real property owners in the
proposed district, exclusive of any real property owned by the United States or the state
or any of its political subdivisions, petition the council in writing to create a district, the
council shall refer the petition to a planning group to prepare a plan pursuant to the
provisions of the Business Improvement District Act to implement the creation of the
district. The plans shall:
(1)
state the purpose for the creation of the district;
(2)
describe in general terms the real property to be included in the district;
(3)
provide an assessment plat of the area to be included in the district
showing an estimate of the benefits to such real property and an amount estimated to
be assessed against each parcel of real property;
(4)
provide such other information as the council deems necessary for the
proper evaluation of the plan;
(5)
in the case of a petition brought by a majority of business owners within a
proposed district, describe in general terms both the real property and the businesses
included in the district; and
(6)
in the case of a petition brought by a majority of business owners within a
proposed district, provide a formula to be used to assess businesses in the district for
the business improvement benefit fee to be collected along with the municipal property
tax.
B. After the completion of the plan, the planning group shall have the municipal
clerk give notice of a hearing on the proposed plan.
C. If after the hearing the planning group recommends to the council the creation of
the district as proposed or amended, the council may adopt by ordinance the proposed
district requested by petition and as described by the plan.