337 sections in this chapter.
NMSA 1978, § 5-1-1 Political subdivisions; ambulance service
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A. A municipality or county may: (1) provide ambulance service to transport sick or injured persons to a place of treatment in the absence of an established ambulance service only as authorized by the department of transportation; (2) contract with other political subdivisions or…
NMSA 1978, § 5-2-1 Television translator stations; construction by political
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subdivisions. Any county or municipality in the state is authorized to appropriate annually from its general fund a reasonable sum for the acquisition, construction, improvement or maintenance of translator stations for the purpose of receiving and transmitting television broadca…
NMSA 1978, § 5-2-2 Appropriation prohibited
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No county or municipality shall appropriate from its general fund to acquire, improve or maintain any translator station originally or hereafter constructed or presently or hereafter licensed and maintained by a commercial television station. History: 1953 Comp., § 11-6-42, enact…
NMSA 1978, § 5-3-1 Definitions
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The following terms wherever used or referred to in this act [5-3-1 to 5-3-8 NMSA 1978] shall have the following meanings unless a different meaning clearly appears from the context. A. The term "municipality" shall mean any incorporated county, city, town or village in the state…
NMSA 1978, § 5-3-10 [Use of auditorium.]
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Such public auditorium or building shall be used only for public purposes and shall not be leased, occupied or used for commercial purposes. History: Laws 1927, ch. 29, § 2; C.S. 1929, § 90-2102; 1941 Comp., § 6-310; 1953 Comp., § 6-3-10.
NMSA 1978, § 5-3-11 Counties authorized to issue bonds and erect public
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auditoriums. The board of county commissioners of the several counties in this state having a population of twenty-five thousand are hereby authorized and empowered to issue the bonds of such counties for the purpose of acquiring suitable sites for public auditoriums within their…
NMSA 1978, § 5-3-12 [Application of courthouse building laws.]
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The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof, and the manner and time…
NMSA 1978, § 5-3-13 [Federal aid and other donations authorized.]
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The respective boards of county commissioners of such counties are authorized and empowered to seek and obtain, if possible, from the United States government, or any department or agency thereof, financial aid and assistance to carry into effect the purposes hereof. Such boards …
NMSA 1978, § 5-3-14 [Contracting power.]
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The boards of county commissioners of the several counties are hereby authorized and empowered to enter into any and all contracts and to do and perform any and all things necessary and proper to carry into effect the provisions hereof. History: 1941 Comp., § 6-314, enacted by La…
NMSA 1978, § 5-3-15 [Supervision and control of auditorium.]
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Any auditorium constructed pursuant hereto shall be under the supervision and control of the board of county commissioners of the county wherein it is located, and shall be maintained and used for such purposes as the boards of county commissioners may from time to time determine…
NMSA 1978, § 5-3-2 [Authority of municipality to acquire auditorium; necessity of
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elections waived; bonds not general obligations.] That any municipality shall have power to purchase, improve, erect and maintain public auditoriums, or to authorize the improvement or erection of same by agreement with the officers of the county in which the municipality is loca…
NMSA 1978, § 5-3-3 [Auditorium revenue bonds; mortgage or lien to secure
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payment.] Whenever it shall be declared necessary by the governing body, by ordinance duly adopted, as hereinafter provided, municipalities are hereby authorized to make and issue revenue bonds, payable solely out of the net income to be derived from the operation of an auditoriu…
NMSA 1978, § 5-3-4 [Terms and conditions of bonds; sale.]
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Revenue bonds issued under the provisions of this act [5-3-1 to 5-3-8 NMSA 1978] shall bear interest at not to exceed four and one-half (4 ½) per cent per annum, payable annually or semiannually, shall be payable at the option of such municipality at the end of ten years from dat…
NMSA 1978, § 5-3-5 [Issuance of bonds; execution.]
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Governing bodies of municipalities issuing bonds under the provisions of this act [5- 3-1 to 5-3-8 NMSA 1978], may authorize the issuance thereof by ordinance adopted by the affirmative vote of two-thirds of all the members of said governing bodies, at either regular or special m…
NMSA 1978, § 5-3-6 [Lease of auditorium by municipality.]
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That any municipality shall have power to lease any auditorium from the United States of America, the president of the United States of America, the federal emergency administration, the public works administration or such other federal or state agency or agencies as heretofore o…
NMSA 1978, § 5-3-7 [Ratification of issuance and sale of bonds by electorate.]
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That where any of the federal or state agencies specified in Paragraph 3 of this act purchase bonds from any municipality as defined herein, for the purpose of enabling such municipality to purchase, improve, erect and maintain public auditoriums, whether the said bonds be issued…
NMSA 1978, § 5-3-8 [Public Works Act not affected.]
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Nothing herein contained shall be construed to affect in any way any of the provisions of Chapter 6 of the Laws of 1934. History: Laws 1935, ch. 51, art. 1, § 8; 1941 Comp., § 6-308; 1953 Comp., § 6-3-8.
NMSA 1978, § 5-3-9 Cities of five thousand or more; authority; joint action with
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county; bond issue; election; form of bonds; installment payments; tax levy; estimate of cost. A. Any incorporated city, town or village having a population of at least five thousand shall have power to purchase, improve or erect public auditoriums or buildings of a similar natur…
NMSA 1978, § 5-4-1 [Governmental unit subject to act.]
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This act [5-4-1 to 5-4-9 NMSA 1978] shall apply to all municipalities, counties and school districts of the state of New Mexico. History: 1941 Comp., § 71-1001, enacted by Laws 1945, ch. 67, § 1; 1953 Comp., § 6- 4-1.
NMSA 1978, § 5-4-10 Revenue bonds
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A. The governing body of any municipality or the board of county commissioners of any county may issue recreational revenue bonds, payable solely from the net income derived from the tax on cigarettes authorized by the Cigarette Tax Act [Chapter 7, Article 12 NMSA 1978] and distr…
NMSA 1978, § 5-4-11 Revenue bonds; refunding authorization; escrow; detail
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A. Any municipality or county, having issued recreational revenue bonds payable from the cigarette tax pursuant to Sections 5-4-10 through 5-4-15 NMSA 1978 or pursuant to any other laws thereunto enabling the governing body of any municipality or the board of county commissioners…
NMSA 1978, § 5-4-12 Terms of bonds
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A. Recreational revenue bonds issued as authorized in Section 5-4-10 NMSA 1978 shall: (1) bear interest at a net effective interest rate and a coupon rate or rates of not exceeding the maximum rates permitted by the Public Securities Act [6-14-1 to 6- 14-3 NMSA 1978] and such int…
NMSA 1978, § 5-4-13 Ordinance or resolution issuing bonds; validation
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At any regular or special meeting called for the purpose of issuing recreational revenue bonds, the governing body of the municipality or H-class county by ordinance, or board of county commissioners of a county, by resolution, each adopted by a two- thirds vote of all the member…
NMSA 1978, § 5-4-14 Retirement of bonds only from cigarette tax proceeds; tax
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levy irrevocable. A. Recreational revenue bonds issued under the authority of Sections 5-4-10 through 5-4-15 NMSA 1978 are: (1) not general obligations of the municipality or county issuing them; and (2) collectible only from the proportionate income distributed to the county or …
NMSA 1978, § 5-4-15 Proceeds not to be divested [diverted]; exclusions of this
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act. A. Any person diverting or expending money received from the sale of recreational revenue bonds for any purpose other than those purposes authorized in Section 5-4-10 NMSA 1978, is guilty of a misdemeanor. B. The provisions of Sections 5-4-10 through 5-4-15, 7-12-2, 7-12-6 a…
NMSA 1978, § 5-4-16 School districts; community recreational facilities
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A. A school district may construct, own or operate community recreational facilities within the school district. A school district may operate the community recreational facilities on land owned by the school district or on land acquired by the school district for the community r…
NMSA 1978, § 5-4-2 Dedication of lands and buildings as playgrounds and
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recreation centers. The governing body of such municipality or county may dedicate and set apart for use as playgrounds, recreation centers, zoos and other recreation purposes, any lands or buildings, or both, owned or leased by such municipality or county, and not dedicated or d…
NMSA 1978, § 5-4-3 Establishing system of supervised recreation; powers of
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managing boards. The governing body of any such municipality or county may establish a system of supervised recreation and it may, by resolution or ordinance, vest the power to provide, maintain and conduct playgrounds, recreation centers, zoos and other recreational activities a…
NMSA 1978, § 5-4-4 [Petition for establishment of a supervised recreational
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system; election.] Whenever a petition signed by at least twenty-five percent (25%) of the qualified and registered voters in the municipality or county shall be filed in the office of the clerk of such municipality or county requesting the governing body of such municipality or …
NMSA 1978, § 5-4-5 Establishment of joint recreational systems
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Any two or more municipalities or counties may jointly provide, establish, maintain and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers, zoos and other recreational facilities and activities. Any school board may joi…
NMSA 1978, § 5-4-6 Acceptance of grants and donations by supervisory boards;
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limitation. A playground and recreation board or other authority in which is invested the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property o…
NMSA 1978, § 5-4-7 [Disposition of funds received by gift or bequest.]
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Money received for such purpose, unless otherwise provided by the terms of the gift or bequest shall be deposited with the treasurer of such municipality or county, to the account of the playground and recreation board or commission or other body having charge of such work, and t…
NMSA 1978, § 5-4-8 Power to issue bonds
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The governing body of any municipality is hereby authorized to issue and dispose of negotiable bonds thereof, subject to the limitation and in accordance with Article IX of the constitution, for the purpose of securing funds for the acquisition of lands or buildings for playgroun…
NMSA 1978, § 5-4-9 [Payment of expenses incurred in equipping, operating and
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maintaining recreational facilities.] All expenses incurred in the equipment, operation and maintenance of such recreational facilities and activities shall be paid from the treasuries of the respective municipality or county, and governing bodies of the same may annually appropr…
NMSA 1978, § 5-5-1 Short title
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This act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] shall be known as the "Joint City-County Building Law". History: 1953 Comp., § 6-9-1, enacted by Laws 1959, ch. 300, § 1.
NMSA 1978, § 5-5-10 General obligation bond and debt elections
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The governing body of any municipality may fix a date for an election and may order the submission at the election of a question or proposal to authorize the issuance of general obligation bonds or the incurrence of any other indebtedness for any project or part thereof authorize…
NMSA 1978, § 5-5-11 Authorization of bonds
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A board by resolution or a council by ordinance shall authorize the issuance by the municipality, upon the affirmative vote of at least a majority of the members of the governing body present and constituting a quorum, of any general obligation bond series upon being authorized s…
NMSA 1978, § 5-5-12 Payment of bonds
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The principal of and interest on general obligation bonds herein authorized to be issued, and any prior redemption premium or premiums, shall be payable from the proceeds of general (ad valorem) property taxes levied without limitation as to rate or amount, except to the extent o…
NMSA 1978, § 5-5-13 Municipality's limited liability on bonds and recital therein
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Neither the governing body nor any person executing any bond authorized by this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] shall be liable personally thereon by reason of its issuance hereunder. Except for general obligation bonds, bonds issued pursuant to this act shall n…
NMSA 1978, § 5-5-14 Incontestable recital in bonds
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It may be provided in any proceedings authorizing any bonds hereunder that such bond shall recite that it is issued under authority of this act [5-5-1 to 5-5-23, 5-5-25 to 5- 5-27 NMSA 1978]. Such recital shall conclusively impart full compliance with all of the provisions of thi…
NMSA 1978, § 5-5-15 Form of bonds
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Any general obligations bonds or revenue bonds herein authorized to be issued shall bear such date or dates, shall be in such denomination or denominations, and shall mature serially, commencing not later than three years from the date therefrom, at times not exceeding the estima…
NMSA 1978, § 5-5-16 Alternate bond form
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Notwithstanding any other provision of law, the governing body may in any proceedings authorizing bonds hereunder provide for the initial issuance of one or more bonds (in this section called "bond") aggregating the amount of the entire issue and may make such provision for insta…
NMSA 1978, § 5-5-17 Execution of bonds
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Any such general obligation bonds or revenue bonds shall be executed in the name of and on behalf of the municipality and signed by the chairman of the board, mayor of the city or other titular head of the municipality with its seal affixed thereto and attested by its clerk. Exce…
NMSA 1978, § 5-5-18 Sale of bonds
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Any general obligation bonds or revenue bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest at a price which will not result in a net interest cost to the municipality of more than six per centum per annum computed to …
NMSA 1978, § 5-5-19 Application of proceeds
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All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose (or purposes) for which issued, including without limiting the generality of the foregoing, the payment of preliminary expenses; provided, however, that any unexpended balanc…
NMSA 1978, § 5-5-2 Legislative declaration
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It is hereby declared as a matter of legislative determination that providing counties and cities, towns and villages constituting county seats in the state of New Mexico with the purposes, powers and duties, rights, privileges and immunities provided in this act [5-5-1 to 5-5-23…
NMSA 1978, § 5-5-20 Covenants in bond proceedings
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Any proceedings authorizing the issuance of bonds under this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] may contain covenants (notwithstanding such covenants may limit the exercise of powers conferred by this act) as to any one or more of the following: A. the tolls, rates…
NMSA 1978, § 5-5-21 Remedies of bondholders
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Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds or…
NMSA 1978, § 5-5-22 Publication of authorizing proceedings; effect; right to
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contest legality; time limitation. The governing body may provide for the publication once in a newspaper of general circulation in the municipality of any proceedings adopted by the governing body ordering the issuance of any bonds. For a period of thirty days after the date of …
NMSA 1978, § 5-5-23 Revenue bond charges
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Whenever revenue bonds are issued hereunder, it shall be the duty of the governing body to impose, in connection with the revenues and proceeds pledged for their payment, tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes fully sufficient to pay …