Chapter 3 — Chapter 3

Petitions provided for in Sections 3-15-1 through 3-15-16 NMSA 1978, shall be signed only by qualified electors of the municipality, and each petition shall contain in addition to the names of the petitioners, the street and house number or place in which the petitioner resides. …

Whenever a proclamation calling for a special election as provided for by Section 3- 15-9 NMSA 1978, shall be issued, a copy of the proposed charter shall be published once each week for four consecutive weeks, and the presiding officer of the governing body of the municipality s…

The charter of any municipality adopted under the provisions of Article 10, Section 6 of the constitution of New Mexico, by law of the territorial legislature of New Mexico or under the provisions of the Municipal Charter Act may be amended or repealed either by a proposal submit…

The qualified electors of a municipality who wish to be governed pursuant to Article 10, Section 6 of the constitution of New Mexico may adopt, amend or repeal a charter pursuant to the Municipal Charter Act. History: 1953 Comp., § 14-14-1.1, enacted by Laws 1971, ch. 118, § 2.

As used in the Municipal Charter Act, "municipality" means any incorporated city, town, village or county, whether incorporated under general act, special act or constitutional provision. History: 1953 Comp., § 14-14-1.2, enacted by Laws 1971, ch. 118, § 3.

withdrawal of signatures. Upon petition signed by five percent of the qualified electors of the municipality, the presiding officer of the governing body of the municipality shall by proclamation submit to the qualified electors of the municipality the question of adopting a char…

duties. Within five days after the filing of the petition, the presiding officer of the governing body shall appoint a charter commission or the governing body of a municipality may appoint a charter commission upon its own initiative at any time. The charter commission shall con…

The electors shall serve without pay and may expend money for such items as clerical help and stationery in the amount allowed by the municipality. History: 1953 Comp., § 14-14-4, enacted by Laws 1965, ch. 300.

The charter may provide for any system or form of government that may be deemed expedient and beneficial to the people of the municipality, including the manner of appointment or election of its officers, the recall of the officers and the petition and referendum of any ordinance…

The territorial limits of the municipality shall remain the same as under its former organization until changed in accordance with law, and all rights and property of every description which were vested in any municipality under its former organization shall remain vested in the …

Within five days after the filing with the clerk of the municipality of the charter provided for by Sections 3-15-1 through 3-15-16 NMSA 1978, and the charter being approved by a majority of the members elected to the governing body of the municipality at a regular or special mee…

As used in Sections 3-16-1 through 3-16-18 NMSA 1978: A. "combined municipal organization" means the combined city and county municipal corporation, whether prior to or subsequent to the completed consolidation, including the area within the exterior boundaries of the municipalit…

consolidation. If there is a city and county consolidation, any civil or criminal case filed or pending, in any proper court at the time the combined municipal organization becomes effective, shall not be affected by the consolidation but shall continue and may be tried, dismisse…

effect. A. The probate judge of the county when the consolidation becomes effective shall become the probate judge of the combined municipal organization and shall have the same powers, jurisdiction and duties as provided by law for probate judges of a county, and shall hold offi…

collection. If there is a city and county consolidation all real and personal property within the combined municipal organization shall be assessed, taxed and taxes levied and collected at the time and in the manner provided by law. History: 1953 Comp., § 14-15-12, enacted by Law…

instruments. A. If there is a city and county consolidation, and on and after the date the combined municipal organization government becomes operative, adequate books and records shall be provided in the municipal corporation for recording or filing instruments in the municipal …

organization; exceptions. If there is a city and county consolidation all property, assets, credits, causes of action or other rights or interests belonging to the city or county at the time the combined municipal organization government becomes operative shall belong to the comb…

privileges and franchises. If there is a city and county consolidation all rights, franchises and privileges granted by the city or county and all ordinances of the city effective at the date the combined municipal organization government becomes operative shall continue in full …

If there is a city and county consolidation, all property, real, personal or mixed, belonging to the city or county shall vest in and become the property of the combined municipal organization government immediately when the combined municipal organization government becomes oper…

proceedings. If any action, suit or proceeding is pending in any court for or against the city or county at the time the combined municipal organization becomes operative, the combined municipal organization shall be substituted as plaintiff or defendant, as the case may be, in s…

of combined organization. A. The county treasurer shall proceed to collect all taxes assessed against persons or property within the combined municipal organization prior to the effective date of the consolidation, in the same manner as if no consolidation had occurred. When the …

charter; election; ballots. When the total population of any combined municipal organization shall be at least fifty thousand inhabitants, a city-county government may be organized as hereinafter provided. The legislative authority of any city within a combined municipal organiza…

combined organization. If the propositions submitted to the electors shall carry in both election units, and if the charter shall be approved by the majority of electors voting on the question, it may become the organic law of the combined city and county government and shall be …

The charter shall designate the number and terms of members of the legislative authority and the name of the combined municipal corporation; the elective officers, the terms of such officers, manner of election and their powers and duties, and may provide for any form of local go…

disapproval of charter; effect. In the event a combined municipal organization is approved by a majority of the electors in each election unit and a proposed charter therefor has likewise been approved by a majority of the electors in each election unit, the city government and t…

Upon the date the new combined municipal organization begins operation as provided herein, and thereafter, the organization shall be a municipal corporation of New Mexico and thereupon and thereafter shall exercise all the powers vested in it by the charter adopted for its govern…

duties. In the event of a city and county consolidation, any county officer holding office at the time the charter becomes effective shall continue in office for his unexpired term and may exercise such functions or duties for the combined municipal organization as the legislativ…

county consolidation; duties; vacancies. Unless otherwise provided for in the combined municipal organization charter, justices of the peace [magistrates] who have been elected and are holding office within the boundaries of the combined municipal organization at the time such go…

If there is a city and county consolidation, there shall be municipal judges who shall exercise the powers and jurisdiction vested by the combined municipal organization charter in municipal courts. They shall be elected and their vacancies filled in the manner provided for in th…

The governing body of a municipality may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of: A. effecting or discharging the powers and duties conferred by law upon the municipality; B. providing for the safety, preserving the health, …

The enacting clause of a municipal ordinance shall be: "Be it ordained by the governing body of the ............ (here insert name of municipality)." History: 1953 Comp., § 14-16-2, enacted by Laws 1965, ch. 300.

A. Notice by publication of the title and subject matter of any ordinance proposed for adoption by the governing body of any municipality must take place at least two weeks prior to consideration of final action upon the ordinance in open session of the governing body, except tha…

A. If a majority of all the members of the governing body vote in favor of adopting the ordinance or resolution, it is adopted. The municipal clerk shall record in the minutes book the vote of each member of the governing body on each ordinance or resolution. B. Within three days…

date; codification. A. An ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the presiding officer of the governing body and the municipal clerk and shall bear the seal of the municipality. The ordinance shall be published one …

A. A municipality may adopt by ordinance the conditions, provisions, limitations and terms of: (1) an administrative code; (2) an air pollution code; (3) a building code that includes provisions for plan review, permitting and inspections for general, electrical, mechanical and p…

A municipality shall consider ordinances and codes to encourage water conservation and drought management planning pursuant to the provisions of Section 3 [72-14-3.2 NMSA 1978] of this act. History: Laws 2003, ch. 138, § 1.

A municipality is a body politic and corporate under the name and form of government selected by its qualified electors. A municipality may: A. sue or be sued; B. enter into contracts or leases; C. acquire and hold property, both real and personal; D. have a common seal which may…

A. Both within the municipal boundary and for a distance not extending beyond the planning and platting jurisdiction of the municipal boundary, a municipality has the power and right of condemnation of private property for public use for the purpose of: (1) laying out, opening an…

firemen. A. A municipality may by ordinance: (1) adopt regulations for the prevention of fire; (2) regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires; (3) prohibit the deposit of ashes in unsafe places; (4) cause any building or enclosu…

authorization for municipality to communicate such information to the federal bureau of investigation. After July 1, 1985, anyone applying for the position of fireman in any municipality with a population of more than one hundred thousand shall provide the municipality with copie…

A. A municipality may regulate the sale of food and drink, and may provide for the place and manner of selling food. B. A municipality may provide for the: (1) inspection and regulation of food; (2) regulation, inspection, weighing and measuring of any article of merchandise; (3)…

and prohibition. A municipality may within one mile of its boundary direct the location, regulate and prohibit any offensive and unwholesome business or establishment. History: 1953 Comp., § 14-17-11, enacted by Laws 1965, ch. 300.

publications; gifts and bequests. A. A municipality may establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the municipality for the purpose of establishing, increasing or im…

A municipality may acquire works of art and other works of historical, classical or general interest and establish museums or other suitable facilities for their care and preservation. It may, through its appropriate administrative authority, trade, barter and exchange items of v…

A municipality may establish and regulate municipal markets and market places. History: 1953 Comp., § 14-17-13, enacted by Laws 1965, ch. 300.

A municipality, including a home rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, may by ordinance: A. define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist…

Within or without the municipal boundary, a municipality may build, beautify and improve public parks and acquire any property for park purposes. The acquisition of property for park purposes which is outside the municipal zoning boundaries, and outside the boundaries of the coun…

A municipality may create an improvement district as authorized in Sections 3-33-1 through 3-33-43 NMSA 1978 of the new Municipal Code, for the purpose of acquiring and constructing parks and recreation facilities. History: 1953 Comp., § 14-17-15.1, enacted by Laws 1965, ch. 311,…

Unless otherwise provided by law, no municipality may impose: A. an income tax; B. a tax on property measured on an ad valorem, per unit or other basis; or C. any excise tax including but not limited to: (1) sales taxes; (2) gross receipts; and (3) excise taxes on any incident re…

A municipality may use the county jail for the confinement or punishment of offenders subject to the requirements imposed by law and the board of county commissioners. History: 1953 Comp., § 14-17-16, enacted by Laws 1965, ch. 300.