Chapter 3, Chapter 3

A. Whenever the governing body of any city determines that special assessments shall be levied to wholly or partially finance any project, the governing body by resolution shall direct the preparation of: (1) preliminary plans showing: (a) a general description of the contemplate…

Sections 3-52-1 through 3-52-13 NMSA 1978, may be cited as the "Municipal Transit Law". History: 1953 Comp., § 14-53-1, enacted by Laws 1965, ch. 300.

To further the marketability of bonds, the ordinance authorizing their issue may: A. secure their payment by deed of trust or mortgage conveying municipally owned land and improvements acquired for the public transit facility from the proceeds of the bonds to a trustee for the be…

If the interest or any serial maturity of any bond is in default, any obligee may foreclose against the municipality under the same procedure provided for foreclosure of real estate mortgages. The district court may appoint a receiver to operate the transit facilities in default.…

Bonds are legal investments for savings banks and insurance companies under the laws of this state. They are bonds, notes or other obligations of a municipal subdivision of this state, issued pursuant to a law of this state, for the purposes of investment or purchase by the state…

Bonds and their income and all mortgages or other instruments executed as security for them are exempt from all taxation by this state or any of its political subdivisions. History: 1953 Comp., § 14-53-13, enacted by Laws 1965, ch. 300.

The legislature in recognition of the provisions of Public Law 88-365, 88th Congress, 1964, and realizing the importance of modern, efficient, economical transportation facilities in a municipality as an assurance of the convenience to the citizenry and the promotion of economic …

wishing to qualify for grant. Any municipality desiring to qualify for a grant under the Urban Mass Transportation Act of 1964 (being Public Law 88-365, 88th Congress) may in order to meet the requirements of Section 10, Paragraph (c) of that act, recognize, and enter into collec…

This act [3-52-14 to 3-52-16 NMSA 1978] shall not be construed as authorizing or permitting such public employees, associations or groups to carry out such collective bargaining by means of strikes, picketing or any other coercive action. History: 1953 Comp., § 14-53-16, enacted …

The legislature finds that privately operated public transportation has declined in patronage and use and become less attractive to investment capital than formerly. Growth of population in relation to area, the development of improved highways and intersecting structures, the wi…

A. A municipality may invoke the authority contained in the Municipal Transit Law on finding all of the following state of facts to exist: (1) general transportation of persons is necessary and convenient; (2) privately owned public transportation facilities in operation are inad…

A. Any eligible municipal corporation having elected to invoke the powers set forth in the Municipal Transit Law may engage in the business of transportation of passengers and property within the municipality by whatever means it may decide, and may acquire cars, motor buses and …

All contracts for work, material or labor in connection with a transportation system shall be let in the manner provided by law for the letting of other contracts by the municipality. History: 1953 Comp., § 14-53-5, enacted by Laws 1965, ch. 300; 1999, ch. 74, § 1.

The governing body may adopt an ordinance providing: A. for issuance of bonds to enable the municipality to acquire land, buildings, buses or other equipment required for public transit or for refunding bonds previously issued for such purpose or both such purposes; B. the bonds …

A. The ordinance authorizing issuance of bonds shall specify: (1) issuance in any number of series; (2) maturity dates; (3) interest not exceeding six percent a year; (4) denominations; (5) form, either coupon or registered; (6) conversion or registration privileges; (7) rank or …

A. Bonds may be sold at either public or private sale; provided that no such bonds may be sold at any price which does not result in an actual net interest cost to maturity, computed on the basis of standard tables of bond values, in excess of six percent. B. If any municipal off…

The Municipal Transit Law is full authority for authorization and issuance of bonds and no election is necessary. In any proceeding involving the validity and enforceability of any bond or its security, any bond reciting in substance that it was issued by the municipality to aid …

A municipality may: A. deepen, widen, dock-cover, wall, alter or change the channel of watercourses; B. cleanse and purify waters, watercourses and canals; C. drain or fill ponds on private property to prevent or abate nuisances; D. construct, repair and regulate the use of vault…

A. A municipality may, by ordinance, restrict the drilling of new domestic water wells, except for property zoned agricultural, if the property line of the applicant is within three hundred feet of the municipal water distribution lines and the property is located within the exte…

In order to prevent waste and to conserve the supply of water, a municipality which owns and operates a water utility, or has granted a franchise for the operation of a public water system, may by ordinance regulate and restrict the use of water. History: 1953 Comp., § 14-54-2, e…

A. For the purpose of preserving and protecting water resources and to provide an assured water supply for the community, a county or municipality may require: (1) site development standards to conserve water and minimize water loss; (2) water harvesting and storage; (3) low wate…

A municipality may regulate the flow and use of water in public acequias for irrigating purposes. History: 1953 Comp., § 14-54-3, enacted by Laws 1965, ch. 300.

powers and duties when acquired. A. If a majority of the voters at a regular municipal election approve the purchase or lease of any canal or ditch, the governing body may, for the purpose of supplying water for the use of the people of the municipality: (1) purchase or lease the…

abutting property; manner of making assessment; lien; irrigation of private property; annual charge; payment in advance. A. If the governing body determines it is necessary to procure water for the benefit of the shade or ornamental trees in the streets and public grounds within …

property; notice; referendum. A. A municipality may lease or sell and exchange any municipal utility facilities or real property having a value of twenty-five thousand dollars ($25,000) or less by public or private sale or lease any municipal facility or real property of any valu…

A. A municipality may sell personal property for cash at public or private sale without notice where it is shown to the governing body that such property does not exceed the value of two thousand five hundred dollars ($2,500). B. A municipality may sell personal property having a…

Sections 3-54-1 and 3-54-2 NMSA 1978 are intended to afford another and additional method of disposing of municipal real and personal property and are not to be construed as repealing or qualifying any other statutory authorization granted a municipality to dispose of or exchange…

This act [3-56-1 to 3-56-9 NMSA 1978] may be cited as the "Regional Planning Act." History: 1953 Comp., § 14-57-1, enacted by Laws 1967, ch. 239, § 1.

A. A regional planning commission may be established as follows: (1) two or more municipalities, two or more adjacent counties, or one or more counties and a municipality or municipalities within or adjacent to the county or counties may, by agreement among their respective gover…

A. Membership of the regional planning commission shall consist of representatives from each participating government, in number and for terms specified in the agreement. Representatives are not required to be members of the local governing body or district they represent but may…

The regional planning commission shall appoint a director qualified by training and experience who serves at the pleasure of the commission. The director is the chief administrative and planning officer and regular technical adviser of the commission, and shall appoint and remove…

The regional planning commission shall: A. prepare and from time to time revise, amend, extend or add to a plan or plans for the development of the region. The plans shall be based on studies of physical, social, economic and governmental conditions and trends, and shall aim at t…

All comprehensive regional plans, as well as subdivisions and platting regulations, shall be approved by the regional planning commission after public hearing and certified by the commission to all local governments and special districts within the region. Notice of the public he…

Any governmental member of the commission may terminate its membership after giving not less than ninety days' notice in writing of its intention to withdraw. The notice shall be served upon the chairman of the commission personally or by mail. The ninety- day period begins to ru…

Any local government or special district within the region may, and all participating local governments and special districts shall, file with the regional planning commission all current and proposed plans, zoning ordinances, official maps, building codes, subdivision regulation…

The regional planning commission shall submit an annual report to the chief executive officers, legislative bodies and planning agencies of all local governments within the region and to the governor. History: 1953 Comp., § 14-57-9, enacted by Laws 1967, ch. 239, § 9.

This act [3-57-1 to 3-57-9 NMSA 1978] may be cited as the "Metropolitan Boundary Act for Class A Counties." History: 1953 Comp., § 14-58-1, enacted by Laws 1967, ch. 248, § 1.

The purpose of this act [3-57-1 to 3-57-9 NMSA 1978] is to provide for the orderly extension of municipal boundaries, to control the formation of new local public bodies, and to minimize the overlapping of a [sic] local governmental services, within class A counties. History: 195…

As used in the Metropolitan Boundary Act for Class A Counties: A. "county" means the county in which the municipality or land is situated; B. "district court" means the district court of the district in which the municipality or land is situated; C. "local public body" means ever…

There shall be two methods of annexing territory to a municipality within class A counties: A. by petition to a municipality as provided by Section 3-57-5 NMSA 1978 or, if the municipality has over two hundred thousand persons, as provided by Section 3-7-17.1 NMSA 1978; and B. by…

A. Whenever a petition: (1) seeks the annexation of territory to a municipality in a class A county; (2) is signed by the owners of a majority of the number of acres in such territory; (3) is signed by a majority of the owners of land in such territory; (4) is accompanied by a ma…

Whenever a petition is filed in the district court which: A. seeks the annexation of territory to a municipality in a class A county; B. is signed by an owner of land in such territory or by the authorized agent of any local public body; C. is accompanied by a map which shall sho…

A copy of the petition and the order setting the petition down for hearing shall be served upon the county and each county commissioner, upon the clerk of the municipality, and published once a week for three weeks. Service shall be completed, and the first publication made, not …

The municipality and any owner of real property in such territory may appear in such action and present evidence and argument on all issues involved. During the trial, the district court may take notice of generally recognized technical or scientific facts within the specialized …

No local public body shall be organized within a five-mile radius of the corporate limits of the municipality having the greatest number of inhabitants in a class A county, unless the governing body of such municipality consents thereto. No local public body shall be organized be…

This act [3-58-1 and 3-58-2 NMSA 1978] may be cited as the "Economic Development Promotion Act." History: 1953 Comp., § 14-59-1, enacted by Laws 1968, ch. 68, § 1.

The governing board of any municipality or county may budget and utilize revenues for economic development promotion only upon approval by a majority of all of the members of the governing board. History: 1953 Comp., § 14-59-2, enacted by Laws 1968, ch. 68, § 2; 1981, ch. 80, § 1…

This act [3-59-1 to 3-59-14 NMSA 1978] may be cited as the "Pollution Control Revenue Bond Act." History: 1953 Comp., § 14-60-1, enacted by Laws 1973, ch. 397, § 1.

No municipality shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and shall not have the power to use land already owned by the municipality, or in which the municipality has an equity, for construction there…

Bonds issued under the provisions of the Pollution Control Revenue Bond Act shall be legal investments for savings banks and insurance companies organized under the laws of this state and shall be eligible for pledging as collateral for public deposits. History: 1953 Comp., § 14-…