Chapter 3 — Chapter 3

A. After the qualified electors at a regular or special municipal election have approved the acquisition of a municipal utility, the municipality shall maintain a municipal utility in good repair and improve and enlarge the municipal utility to accomplish the objectives and purpo…

A. The governing body of a municipality may by ordinance establish a municipal utility permanent fund for each utility owned and operated by the municipality. B. The municipal utility permanent fund shall be a fund in the municipal treasury into which may be deposited money from …

against the property served; exception. A. Any charge imposed by ordinance for service rendered by a municipal utility, including an entity established pursuant to Section 72-1-10 NMSA 1978, except as indicated in Subsection C of this section, shall be: (1) payable by the owner, …

A. Upon the failure of any municipality coming within the provisions of Sections 3- 23-4, 3-23-7, 3-23-8 and 3-23-9 NMSA 1978, to comply with the provisions of these sections, the district court may at the suit of any resident taxpayer of the municipality appoint a receiver for t…

A. Upon the order of the district court, the receiver may issue receiver's certificates for the purpose of providing funds to operate, repair, improve or enlarge the municipal utility. Unless otherwise provided by the district court, payment of the receiver's certificates shall b…

by receivership. The appointment of a receiver as authorized in Section 3-23-7 NMSA 1978, does not release the municipality from its obligation to levy and collect the taxes provided by the terms of bonds or the law governing their issue. History: 1953 Comp., § 14-22-9, enacted b…

This act [3-23A-1 to 3-23A-6 NMSA 1978] may be cited as the "Municipal Cable Television Act". History: Laws 1993, ch. 208, § 1.

The purpose of the Municipal Cable Television Act is to authorize municipalities to acquire, construct, own or operate cable television systems within the state. History: Laws 1993, ch. 208, § 2.

As used in the Municipal Cable Television Act, "municipality" means a municipality with a population of more than thirty-three thousand people but less than thirty-five thousand people. History: Laws 1993, ch. 208, § 3.

Municipalities may acquire, construct, own, operate or manage cable television systems or related equipment or facilities. History: Laws 1993, ch. 208, § 4.

A municipally owned or operated cable television system may operate anywhere within the municipal boundaries of the municipality or within an area not to exceed five miles from its boundaries. A municipally owned or operated cable television system may not operate within the muni…

A municipality owning or operating a cable television system may charge reasonable, nondiscriminatory usage fees to its cable system customers. A municipality may not charge fees based on whether the customer is located inside or outside the municipal boundaries of the municipali…

certain municipalities may acquire by contract or condemnation. A. Any municipality may, by ordinance, acquire, operate and maintain an electric utility for the generation and distribution of electricity to persons residing within its service area. The service area of a municipal…

facilities. A. Any municipality owning and operating facilities for the furnishing of electricity may contract with any electric utility: (1) to operate and manage all or part of the electric system of the electric utility; or (2) for the operation and management of the municipal…

Sections 3-24-11 through 3-24-18 NMSA 1978 may be cited as the "Municipal Electric Generation Act". History: 1978 Comp., § 3-24-11, enacted by Laws 1979, ch. 260, § 8.

It is the intent of the legislature by the passage of the Municipal Electric Generation Act to authorize municipalities which own municipal electric distribution systems on July 1, 1979 to acquire, own and dispose of any generating facility and any undivided or other interest, in…

Generation Act. The powers and rights granted pursuant to the Municipal Electric Generation Act may only be exercised by municipalities which own municipal electric distribution systems on July 1, 1979. History: 1978 Comp., § 3-24-13, enacted by Laws 1979, ch. 260, § 10.

In addition to any other powers which it may now have, a municipality which owns a municipal electric distribution system on July 1, 1979: A. shall have the power to acquire, own, lease, encumber and dispose of a generating facility and shall have the power to contract with respe…

management of jointly owned generating facility; sharing of costs of [on] proportional basis. Any municipality which intends to acquire any interest in [a] jointly owned generating facility shall enter into a contract with the other joint participants which contract shall set for…

In carrying out the powers granted by the Municipal Electric Generation Act [3-24-11 to 3-24-18 NMSA 1978], a municipality shall be liable only for its own acts with regard to the acquisition, operation, maintenance or management of a jointly owned generating facility in which it…

No money or other property supplied by a municipality for the acquisition, operation, maintenance or management of a jointly owned generating facility in which the municipality has any interest shall be credited or otherwise applied to the account of any other joint participant. …

The provisions of Sections 6-6-11, 6-6-13 through 6-6-18 and 13-4-1 through 13-4- 24 NMSA 1978 and of the Public Purchases Act shall not apply to the acquisition, construction, disposal and operation by a municipality of any generating facility and any undivided or other interest…

A municipality owning and operating an electric utility shall charge only the person receiving the electric service. Charges shall not be limited to measurement by kilowatt or the kilowatt hour. The provisions of this section shall not apply to the sale by a municipality of surpl…

Any municipality maintaining electric transmission lines more than five miles beyond the municipal boundary for the purpose of supplying electricity to the United States government, the state of New Mexico or any department or agency of these governments may: A. acquire, by purch…

A. For the purpose of constructing, operating, maintaining and protecting an electric utility, a municipality has jurisdiction over: (1) territory, occupied by an electric utility; (2) all poles, lines, mains, pipes and other facilities of the electric utility; and (3) that porti…

Any municipality owning, operating or proposing to construct an electric utility has the power of eminent domain for the purpose of acquiring property for the use of the electric utility according to the procedure for condemnation as provided by the Eminent Domain Code [42A-1-1 t…

A. A municipality may issue electric utility revenue bonds as provided in Sections 3- 31-1 through 3-31-12 NMSA 1978. The proceeds from the sale of the electric utility revenue bonds are to be used solely for the purpose of purchasing, acquiring, constructing and making necessary…

A. No municipality in the operation of its electric utility may exercise dominion over territory outside its boundary in which rights have been granted to an electric cooperative under the provisions of Section 62-15-3 NMSA 1978. B. All acts and parts of acts in conflict with Sec…

five-mile limit. A. The acquisition of any public utility system by a municipality furnishing electric service more than five miles beyond its boundary is subject to the rights and liabilities of the public utility, and the obligations assumed by the municipality shall be paid fr…

beyond five-mile limit; rate, charge and service standards; fees paid by municipality. A. Any municipality acquiring, operating or maintaining an electric utility system in that area more than five miles beyond its boundary shall: (1) establish, maintain and collect rates or char…

of legislature; self-liquidating project; liberal construction. A. It is the intent of the legislature to authorize municipalities to: (1) obtain the benefits of a natural gas supply, additional supply or supply of geothermal energy for their inhabitants and others within five mi…

A. A municipality may, if a satisfactory supply is not otherwise obtainable as determined, by ordinance, acquire and operate natural gas or geothermal energy facilities for the distribution of natural gas or heat. B. A municipality owning and operating a gas utility shall measure…

distribution to consumers beyond the municipal boundary; within the boundary of another municipality; approval of other municipality and public regulation commission. A. The natural gas or geothermal utility may include but is not limited to: (1) in the municipality and within on…

The acquisition of facilities of a municipal gas or geothermal utility shall only be financed from funds received from the issuance and sale of bonds as authorized in Sections 3-30-5 through 3-30-8 and 3-31-1 through 3-31-12 NMSA 1978 except as provided in Section 3-23-4 NMSA 197…

procedure. Any municipality acquiring a natural gas or geothermal utility may exercise the power of eminent domain within or without the municipality boundary for the purpose of acquiring property or interest in property for the location of or for the extension of the facilities …

agreement; option to purchase; election on question of acquisition, issuance of bonds and lease agreement. A. A municipality acquiring a municipal gas or geothermal utility may, by ordinance, contract to lease the gas or geothermal utility to a lessee. The term of the lease shall…

jurisdiction over system. A. In the manner provided in Section 3-23-2 NMSA 1978, a municipality may, within and without the municipality: (1) acquire and maintain facilities for the collection, treatment and disposal of sewage; (2) condemn private property for the construction, m…

and extension; lien. A. A municipality, for the purpose of maintaining, enlarging, extending, constructing and repairing sewer facilities and for paying the interest and principal on revenue bonds issued for the acquisition, condemnation or construction of sewer facilities, may l…

and regulations; penalties. A municipality may, by general ordinance: A. require the owner, agent or occupant of a building on a lot or land adjoining a street in which a sewage collection system exists to connect the building to the sewage collection system; and B. adopt necessa…

A. A municipality, within and without the municipal boundary, may: (1) acquire water facilities that may include but are not limited to: (a) wells, cisterns and reservoirs; (b) distribution pipes and ditches; (c) pumps; (d) rights of way; (e) water treatment plants; and (f) their…

conveyances authorized; land for appurtenances; public and private use; compensation. A. Subject to the provisions of this section, municipalities within and without the municipal boundary may: (1) acquire, contract for or condemn: (a) springs; (b) wells; (c) water rights; (d) ot…

A. For the purpose of acquiring, maintaining, contracting for, condemning or protecting its water facilities and water from pollution, the jurisdiction of the municipality extends within and without its boundary to: (1) all territory occupied by the water facilities; (2) all rese…

extension; lien; frontage tax for water service. A. A municipality owning and operating a water utility may, for the purpose of maintaining, enlarging, extending, constructing and repairing water facilities and for paying the interest and principal on revenue bonds issued for the…

storage; payments from water charges; joint water supply contracts between two or more municipalities. A. For the purpose of obtaining, securing or supplementing its water supply and providing for the storage, treatment, distribution and transportation of water, a municipality ma…

In their discretion, municipalities through their respective governing bodies, may file a petition at any time in the district court in and for the county in which such municipality is located, praying a judicial examination, approval and confirmation of contracts authorized by S…

At the hearing the court shall have power and jurisdiction to examine into and determine all matters and things affecting the question submitted, and shall make findings with reference thereto, and render judgment and decree thereon as the case warrants. Costs may be divided or a…

A. Any municipality owning or operating a municipal water utility may furnish or sell, and may contract to furnish or sell, water to any person, association or legal entity, including governmental agencies and political subdivisions, situate without the corporate limits of the mu…

The "emergency water supply fund" is created in the state treasury. Expenditures from this fund shall be made upon order of the state board of finance when the board determines that an emergency exists requiring the expenditure in order to provide an adequate and safe drinking wa…

Any combination of two or more municipalities and the board of county commissioners of the county in which the municipalities are located shall have the power by joint or concurring resolution of the governing bodies to appoint three or more commissioners to organize an associati…

Whenever the board of directors for any intercommunity water or natural gas supply association determines, by resolution, that interest or necessity demands the acquisition, construction, repair, extension, improvement or betterment of any water system or natural gas transmission…