Legal Notices-Government

NOTICE OF

DETERMINATION

LOS DIAMANTES PUBLIC IMPROVEMENT DISTRICT

BOUNDARY AMENDMENT

DETERMINATION

MARCH 1, 2024

Notice is hereby given that the Los Diamantes Public Improvement District (the “District”) seeks to change the boundaries of to the District in order to add two, noncontiguous areas (each an “Addition Area” or collectively the “Addition Areas”) to the District.

The legal description for Addition Areas are as follows: Addition Area #1 (A portion of Tract 3-A-2, Los Diamantes Subdivision Phase 1, comprising approximately 5.8073 acres at the northwest boundary of such parcel); and Addition Area #2 (Lots 64, 65, 66, 67, and 68 of Block 10 and Tract 63A, Los Diamantes Subdivision Phase 2).

The Addition Areas are adjacent to the current boundaries of the District. Addition Area #1 is undeveloped. Addition Area #2 is developed and the street addresses located in this area are as follows: 696 Turmalina Drive SE, 692 Turmalina Drive SE, 688 Turmalina Drive SE, 684 Turmalina Drive SE, 680 Turmalina Drive SE, and 676 Turmalina Drive SE.

The District must seek the approval or disapproval by both eligible qualified electors (in the municipal election) and land owners (in an owners’ determination) as to the change in District boundaries. One or both of the Addition Areas may be added to the District boundaries upon achieving, as to each Addition Area, the required three-fourths’ majority of the votes cast. The votes of owners and qualified electors will be tallied separately in the Addition Area and the existing District to determine approval.

The District will run the determination. Ballots will be mailed to all owners of the land in the District and the owners of the land in the Addition Areas not later than the close of business on February 12, 2024. A property owner shall receive a ballot for each one-fifth of an acre owned, as identified in the most recent assessment roll. The District shall calculate the actual number of acres or portions of acres owned by a property owner as required by the Public Improvement District Act.

Ballots must be received by the Office of the District Clerk no later than 5:00 p.m. on March 1, 2024. The Office of the District Clerk is located at the Office of the Special Districts Administrator of the City of Rio Rancho, 3200 Civic Center Circle, Rio Rancho, New Mexico 87144.

Separately, the City of Rio Rancho will present a ballot question to qualified electors of the District at the Municipal Officer Election taking place on March 5, 2024.

The inclusion of the Addition Areas within the boundaries of the District will result in the imposition of a special levy on properties within the Addition Areas by the District. Once imposed, the owner of any portion of the Addition Areas will be obligated to pay the special levy in accordance with the District’s Amended and Restated Rate and Method of Special Levy Apportionment, as approved by the District in its Resolution No. 2023-04. Failure by an owner of property in the Addition Area to pay the special levy, once imposed by the District, and, if applicable, any other property tax, could result in the foreclosure of the applicable property.

Observer: February 1, 8, 2024