N.M. Stat. § 5-15-20
General bonding authority of a tax increment development
district; other limitations.
A. A district board shall not issue bonds against gross receipts tax increments
attributable to:
(1)
the state gross receipts tax without:
(a) the state board of finance adopting a resolution dedicating a gross
receipts tax increment attributable to the state gross receipts tax for the purpose of
securing the gross receipts tax increment bonds pursuant to Subsection G of Section 5-
15-15 NMSA 1978; and
(b) the approval required by Section 5-15-21 NMSA 1978; and
(2)
a gross receipts tax imposed by a taxing entity without the agreement of
the taxing entity as evidenced by a resolution adopted pursuant to Subsection B or C of
Section 5-15-15 NMSA 1978.
B. Except as otherwise provided in this section, a district board shall not issue
bonds against either gross receipts tax increments or property tax increments without
the express written authorization of the department of finance and administration, as
evidenced by a letter signed by the secretary of finance and administration. A district
formed and approved by a class A county or by a municipality within a class A county if
the municipality has a population of more than sixty-five thousand persons, according to
the most recent federal decennial census, is not required to obtain express written
authorization of the department of finance and administration for the issuance of gross
receipts tax increment bonds or property tax increment bonds.
C. Prior to the issuance of indebtedness evidenced by the gross receipts tax
increment bonds or property tax increment bonds issued by a district pursuant to the
Tax Increment for Development Act, the property owners within the district shall
contribute a minimum of twenty percent of the initial public infrastructure costs, which
may be reimbursed with proceeds of gross receipts tax increment or property tax
increment bonds; unless the project to be financed with gross receipts tax increment
bonds or property tax increment bonds is a metropolitan redevelopment project
pursuant to the Metropolitan Redevelopment Code [Chapter 3, Article 60A NMSA 1978].
D. The amount of indebtedness evidenced by the gross receipts tax increment
bonds or property tax increment bonds issued pursuant to the Tax Increment for
Development Act shall not exceed the estimated cost of the public improvements plus
all costs connected with the public infrastructure purposes and the issuance and sale of
bonds, including, without limitation, formation costs, credit enhancement and liquidity
support fees and costs.
E. The indebtedness evidenced by the gross receipts tax increment bonds or
property tax increment bonds shall not affect the general obligation bonding capacity of
the municipality or county in which the tax increment development district is located.
F. The indebtedness evidenced by the gross receipts tax increment bonds or
property tax increment bonds shall be payable only from the special funds into which
are deposited the gross receipts tax increments and property tax increments as set forth
in the Tax Increment for Development Act.
G. Bonds issued by a tax increment development district shall not be a general
obligation of the state, the county or the municipality in which the tax increment
development district is located and shall not pledge the full faith and credit of the state,
the county or the municipality in which the tax increment development district is located.