Chapter 3 — Chapter 3

Chapter 3 NMSA 1978 [except Article 66] may be cited as the "Municipal Code". History: 1953 Comp., § 14-1-1, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 1.

As used in the Municipal Code: A. "acquire" or "acquisition" means purchase, construct, accept or any combination of purchasing, constructing or accepting; B. "business" means any person, occupation, profession, trade, pursuit, corporation, institution, establishment, utility, ar…

municipality. Any municipality may be known as the: A. "city of ............"; B. "town of ............"; or C. "village of ............"; but no municipality which changes its name or incorporates shall adopt the name of an existing municipality. History: 1953 Comp., § 14-1-3, e…

judicial notice. A. Whenever a municipality changes its name as authorized in Sections 3-6-1 and 3-6-2 NMSA 1978 or reorganizes its government as provided in Sections 3-3-1 through 3-3-4, 3-14-1 through 3-14-19 and 3-15-1 through 3-15-16 NMSA 1978, the municipal clerk shall file …

review. A. All petitions, filing of petitions, verification of petitions and all other acts to be performed by petitioners, public officers or employees, regarding only those petitions that trigger a municipal special or regular election as authorized in the Municipal Code [Chapt…

Whenever the last day for performing an administrative duty, filing a petition or declaration in a county or municipal office, or other similar act falls on a Saturday, Sunday or holiday, the next succeeding day on which the county or municipal office is open during regular busin…

money for census. A. The residents of territory proposed to be incorporated as a municipality may petition the board of county commissioners of the county in which the greatest portion of the territory proposed to be incorporated lies to incorporate the territory as a municipalit…

municipality. A. A territory proposed to be incorporated as a municipality shall: (1) not be within the boundary of another municipality; (2) have a population density of not less than one person per acre, except for a class B county with a net taxable value of property for prope…

territory. A. Urbanized territory is that territory within the same county and within five miles of the boundary of any municipality having a population of five thousand or more persons and that territory within the same county and within three miles of a municipality having a po…

certain circumstances. Notwithstanding any provisions of Sections 3-2-3, 3-2-5 and 3-57-9 NMSA 1978 to the contrary, the residents of a contiguous, undivided territory within a class A county may incorporate that territory into a new municipality with boundaries closer than five …

petition to act; population data required; election; right of appeal to district court. A. After the petition for incorporation, together with the accompanying map or plat and the municipal services and revenue plan have been filed with the board of county commissioners, the boar…

vote; appointment of election officials; conduct of election; question to be submitted; location of voting places. A. The notice of election shall contain: (1) a description of the territory proposed to be incorporated as a municipality; (2) a statement that a plat or map of the …

posting; filing of results; limitation on resubmission. A. The board of county commissioners shall file a copy of the election results in the office of the county clerk. B. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county cler…

county commissioners and county clerk; selection of terms of first officers. A. If a majority of the votes cast favors the incorporation of the territory as a municipality, the board of county commissioners shall call an election for the purpose of electing municipal officers at …

incorporation; appeal. A. After certified copies of the papers relating to the incorporation of a municipality have been filed in the offices of the county clerk and the secretary of state and after the municipal officers have been elected and qualified, the incorporation of the …

applicable. Any municipality, incorporated by special act previous to April 1, 1884, which chooses to retain such organization and charter, shall, in the enforcement of the powers or the exercise of the duties conferred by the special act or charter, proceed in all respects as pr…

reorganization; election. Any municipality incorporated under a special act may abandon its organization and organize itself under the provisions of the general law relating to municipalities. A. If a petition signed by qualified electors of the municipality equal in number to no…

election; ballot. At the special election on the question of reorganizing a municipality incorporated under a special act under general law, the ballot shall read substantially as follows: "For municipal organization under general law ....................... [ ] Against municipal…

approved; election for new officers; term of office. A. If a majority of the votes cast on the question of reorganizing a municipality incorporated by a special act favors reorganizing the municipality under general law, the governing body shall adopt an election resolution calli…

A. If one-fourth of the registered voters of a municipality petition the board of county commissioners of the county in which the municipality is situated to disincorporate the municipality, the board of county commissioners shall, within fourteen days after the petition has been…

The form of the ballot shall be: "For the disincorporation of .............. (insert name of municipality) [ ]and Against the disincorporation of .............. (insert name of municipality) [ ]." History: 1953 Comp., § 14-4-2, enacted by Laws 1965, ch. 300.

The election for disincorporation shall be conducted pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 14-4-3, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 7; 2018, ch. 79, § 49.

contracts. If a majority of the votes cast are in favor of disincorporation, the municipality shall be disincorporated after provision has been made for payment of its current indebtedness, contracts and obligations, and for levying the requisite tax to do so. The current indebte…

business. All public records and the corporate seal of the disincorporated municipality shall be deposited with the county clerk. History: 1953 Comp., § 14-4-5, enacted by Laws 1965, ch. 300.

Whenever a municipality is disincorporated, the county clerk shall publish a notice once a week for four consecutive weeks that the municipality is disincorporated. A certified copy of the notice shall be sent to the secretary of state, the secretary of finance and administration…

funds. If a municipality is disincorporated, the board of county commissioners shall assume control of all property belonging to the disincorporated municipality and shall employ a qualified person to manage and operate the property and to collect all charges due from the operati…

Money received from the operation of property of a disincorporated municipality shall be used in the following priority: A. to pay employees engaged in the operation, maintenance and protection of the property; B. to pay the interest on the bonded indebtedness of the municipality…

of tax; duty vested in board of county commissioners. If insufficient money is received from the operation of the property of the disincorporated municipality to pay the obligations in the order designated in Section 3- 4-8 NMSA 1978, the board of county commissioners shall levy …

election; declaration of consolidation; payment of bonded indebtedness or judgment levy. A. Whenever any two or more contiguous municipalities wish to consolidate as one municipality, the governing body of each municipality shall appoint three commissioners who shall prepare the …

Whenever the governing body of a municipality wishes to change the name of the municipality, the governing body may submit the question of changing the name to a vote of the qualified electors of the municipality at the next regular municipal election or at a special election cal…

The form of the ballot shall be: "For change of name of .......... to ............................... [ ] Against change of name of ....... to .............................. [ ]." If a majority of the votes cast favor changing the name of the municipality, the name shall be chang…

A. There shall be three methods of annexing territory to a municipality: (1) the arbitration method as provided in Sections 3-7-5 through 3-7-10 NMSA 1978; (2) the boundary commission method as provided in Sections 3-7-11 through 3-7-16 NMSA 1978; and (3) the petition method as p…

restrictions. A. To qualify as a traditional historic community, an area shall: (1) be an unincorporated area of a county; (2) be an identifiable village, community, neighborhood or district that can be documented as having existed for more than one hundred years; (3) include str…

board; final determination. A. After the seven members of the board of arbitration have been selected, they shall elect a chairman and hold meetings upon call of the chairman. The board of arbitration shall determine if the benefits of the government of the municipality are or ca…

A. The purpose of Sections 3-7-11 through 3-7-16 NMSA 1978 is to establish an independent commission known as the "municipal boundary commission" to determine the annexation of territory to a municipality whenever: (1) the municipality petitions the municipal boundary commission …

qualifications of members; payment of members; secretary of finance and administration to provide staff. A. The municipal boundary commission shall consist of three members who shall be appointed by the governor. One of the members shall be an attorney licensed to practice in New…

and administration. A. The petition shall: (1) describe the territory proposed to be annexed; (2) be signed by: (a) the mayor and clerk of the municipality; or (b) a majority of the landowners of the territory proposed to be annexed; and (3) be accompanied by a map of the territo…

of a chairman; to meet in municipality to which annexation is proposed; public notice of meeting. A. At its first meeting, and at any subsequent meeting when a change in the membership of the commission has occurred, the municipal boundary commission, by a majority vote, shall el…

commission to annex; order is final; review by certiorari. A. At the public hearing held for the purpose of determining if the territory proposed to be annexed to the municipality shall be annexed to the municipality, the municipal boundary commission shall determine if the terri…

annexation complete. A. Within ten days after the municipal boundary commission makes its determination, the secretary of the department of finance and administration shall file certified copies of the order of the municipal boundary commission in the office of the municipal cler…

of governing body; ordinance; appeal. A. Except as provided in Sections 3-7-17.1 and 3-57-4 NMSA 1978, whenever a petition: (1) seeks the annexation of territory contiguous to a municipality; (2) is signed by the owners of a majority of the number of acres in the contiguous terri…

procedures; limitations. A. A petition seeking the annexation of territory contiguous to a municipality located in a class A county with a population of less than three hundred thousand persons shall be presented to the city council and be accompanied by a map that shows the exte…

Any municipality annexing any territory shall include in the annexation any streets located along the boundary of the territory being annexed. As used in this section, "street" means any thoroughfare that is open to the public and has been accepted by the board of county commissi…

A municipal utility or a utility under the jurisdiction of the New Mexico public utility commission and having a franchise from the municipality may extend service to territory annexed by the municipality. If the territory annexed to the municipality is being served by a utility …

No municipality may annex territory within the boundary of another municipality or territory within a class A county with a population of more than three hundred thousand persons unless approved by the board of county commissioners for that county. History: 1953 Comp., § 14-7-3, …

New Mexico or a political subdivision; interposition not to prohibit annexation. A. Territory owned by the government of the United States, its instrumentalities, the state of New Mexico or a political subdivision of New Mexico, may be annexed to a municipality upon the consent o…

If the governing body of a municipality desires to annex contiguous territory, the governing body may, by resolution, declare that the benefits of municipal government are or can be made available within a reasonable time to the territory proposed to be annexed and that it desire…

After the adoption and filing of a plat as required in Section 3-7-5 NMSA 1978, a board of arbitration shall be created which shall have seven members. Three of the members shall be selected as provided in Section 3-7-7 NMSA 1978; three of the members shall be selected as provide…

proposed to be annexed; notice; polling places; election officials; ballots; canvass of votes. A. Within ten days after the filing of the resolution and plat of the territory proposed to be annexed, the county clerk shall publish a notice stating that an election will be held for…

municipality. Before the day of election required in the territory proposed to be annexed, the governing body of the municipality proposing to annex the territory shall appoint three members of the board of arbitration who shall be qualified electors and owners of real property w…