Section 3-33-12 - Improvement district; notice of assessment; protests.
3-33-12. Improvement district; notice of assessment; protests.
A. The notice of the provisional order creating an improvement district shall:
(1) contain the time and place when the governing body shall hold a hearing on the provisional order creating the improvement district;
(2) describe the improvement to be constructed and the general location thereof; and
(3) state that any interested person may ascertain in the office of the municipal clerk:
(a) a description of the property to be assessed; and
(b) the maximum amount of benefit estimated to be conferred on each tract or parcel of land.
B. Not more than thirty days nor less than ten days before the day of the hearing, the municipal clerk, his deputy or the engineer shall mail the notice of the hearing on the provisional order to the owner of the tract or parcel of land being assessed the cost of the improvement at his last-known address. The name and address of the owner of each tract of land shall be obtained from the records of the county assessor or any other source the municipal clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the municipal clerk, his deputy or the engineer, which shall be filed in the office of the municipal clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in Sections 3-33-1 through 3-33-43 NMSA 1978.
C. Notice of the hearing shall also be published once each week for three consecutive weeks and the last publication shall be at least one week prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the municipal clerk.