reglab/housing_qa huggingface dataset:
NM Stat § 3-15-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-7 - Charter; provisions; restrictions; prior legislation.

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, resolution or action of the municipality; provided, that the charter shall not be inconsistent with the constitution of New Mexico, shall not authorize the levy of any tax not specifically authorized by the laws of the state and shall not authorize the expenditure of public funds for other than public purposes. All bylaws, ordinances and resolutions lawfully passed and in force in the municipality before the adoption of the charter shall remain in force until amended or repealed. History: 1953 Comp., § 14-14-5, enacted by Laws 1965, ch. 300. ANNOTATIONSMunicipal wage ordinance upheld. — In passing the Minimum Wage Act, the legislature allowed any existing local minimum wage ordinances that were more favorable to employees to stay in effect. New Mexicans for Free Enterprise v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149. Term limits not authorized. — The language in this section authorizing a provision for the "manner of appointment or election of its officers" does not give home rule municipalities the power to set term limits for its elected officials; the phrase refers merely to the time, place, and manner of conducting elections and does not grant the power to adopt additional qualifications for elective office. Cottrell v. Santillanes, 1995-NMCA-090, 120 N.M. 367, 901 P.2d 785, cert. denied, 120 N.M. 213, 900 P.2d 962. Application of state law when authorizations omitted from charter. — Where a city adopts a charter, but omits from such charter authorization to the city commissioners to pave city streets and meet the cost by special assessment and to enforce the liens created therefor by foreclosures, the state law on municipalities governs. Ellis v. New Mexico Constr. Co., 1921-NMSC-068, 27 N.M. 312, 201 P. 487. Municipal corporation created under an unconstitutional charter is a de facto corporation, and its officers are de facto officers. City of Albuquerque v. Water Supply Co., 1918-NMSC-088, 24 N.M. 368, 174 P. 217. Voter approval of capital projects. — A home rule municipality may require voter approval of capital projects before the municipality proceeds with a capital project. 2011 Op. Att'y Gen. No. 11-04. Am. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality of charter provision making actual knowledge or notice of defect in street or public place a condition of municipal liability for personal injury or damage to property caused thereby, 83 A.L.R. 288. Persons upon whom notice of injury or claim against municipal corporation may or must be served, 23 A.L.R.2d 969. Validity, construction, and operation of constitutional and statutory "term limits" provisions, 112 A.L.R. 5th 1, § 7.
NM Stat § 3-15-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-8 - Boundaries; prior rights and property; saving clause.

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 municipality under the organization herein contemplated and provided for, and no contract or franchise, and no right or liability, either in favor of or against the municipality, and no suit or prosecution of any kind shall be affected by any such reorganization. History: 1953 Comp., § 14-14-6, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 95.
NM Stat § 3-15-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-9 - Special election on adoption of charter.

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 meeting, the presiding officer of the governing body of the municipality shall by proclamation call a special election for the purpose of submitting to the electors of the municipality the question of whether or not the municipality shall adopt the charter prepared by the charter committee. The special election may be called and held at the same time and in conjunction with the regular election for municipal officers. Should the charter filed with the clerk of the municipality fail to be approved by the governing body of the municipality, the charter shall be returned to the chairman of the charter committee together with a letter of transmittal stating the reason why the charter has been rejected by the governing body. The charter committee shall revise the charter in accordance with their instructions in the letter of transmittal and shall refile the same with the clerk of the municipality within sixty days after the chairman of the charter committee shall have had returned to him the rejected charter. If the charter is then approved, the election proclamation shall be issued, or if not approved, the charter shall be returned by the governing body to the charter committee. This procedure shall continue until a charter is presented and approved by the governing body of the municipality. History: 1953 Comp., § 14-14-7, enacted by Laws 1965, ch. 300. ANNOTATIONSNecessary condition for submission of charter to electorate. — Approval of a proposed charter by the governing body of the municipality is a necessary condition to submitting the proposed charter to the electorate for adoption. 1979 Op. Att'y Gen. No. 79-24.
NM Stat § 3-15-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-10 - Qualifications of voters; ballots; conduct of election; effect of adoption.

All qualified electors residing within the municipality shall be qualified to vote at the special election held under the Municipal Charter Act, and the vote shall be by separate ballots, one of which shall be: "In favor of adoption of charter [ ]"; and the other: "Against adoption of charter [ ]". The special election shall be conducted in accordance with the Local Election Act [Chapter 1, Article 22 NMSA 1978] and if a majority of all the votes cast shall favor the adoption of the charter, the charter shall take effect immediately insofar as necessary to authorize the election of officers, but shall not take effect otherwise until such date as may be specified in the charter, which date shall not be less than sixty days after the special election. After the date fixed by the charter, the municipality shall be deemed reorganized under the provisions of the charter, and the powers and duties of all officers elected or appointed under the former laws shall cease. History: 1953 Comp., § 14-14-8, enacted by Laws 1965, ch. 300; 2018, ch. 79, § 59. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, revised the citation form for certain provisions of law, and made minor technical changes; after "special election held under", deleted "Sections 3-15-1 through 3-15-16 NMSA 1978" and added "the Municipal Charter Act", and after "conducted in accordance with", deleted "Sections 3-8-1 through 3-8-19 NMSA 1978" and added "the Local Election Act". Voters are given no alternatives except approval or disapproval of the charter as proposed. They may not, under the statute, be given any options other than approval or disapproval. 1971 Op. Att'y Gen. No. 71-50.
NM Stat § 3-15-11 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-11 - First election of officers; time; law governing.

In case the charter is adopted pursuant to Section 3-15-10 NMSA 1978, it shall be the duty of the presiding officer of the governing body of the municipality to issue a proclamation calling a special election for the election of such elective officers as may be provided for in the charter. The election shall be at least ten days before the date specified in the charter for it to go into effect, and the election shall be held in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978] and the charter. History: 1953 Comp., § 14-14-9, enacted by Laws 1965, ch. 300; 2018, ch. 79, § 60. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that the Local Election Act governs special elections called for the purpose of electing officers after a special election where a majority of the votes cast favors adopting a charter pursuant to the Municipal Charter Act; and after "charter is adopted", added "pursuant to Section 3-15-10 NMSA 1978", and after "in accordance with the provisions of the", added "Local Election Act and the".
NM Stat § 3-15-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-12 - Filing and recording certified copies of charter.

In case of adoption of a charter under the provisions of Sections 3-15-1 through 3-15-16 NMSA 1978, the presiding officer of the governing body of the municipality shall transmit to the secretary of state a duly enrolled and engrossed copy of the charter, which shall be authenticated by the signature of the presiding officer of the governing body of the municipality, and the certificate of the clerk of the municipality and the corporate seal of the municipality, and thereupon the secretary of state shall cause the charter to be filed and recorded in his office. A like copy of the charter, authenticated and certified as specified in this section, shall be recorded in the office of the county clerk. History: 1953 Comp., § 14-14-10, enacted by Laws 1965, ch. 300.
NM Stat § 3-15-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-13 - Charter controls when statute is inconsistent; statutory interpretation.

A. A municipality organized under the provisions of the Municipal Charter Act shall be governed by the provisions of the charter adopted pursuant to that act, and no law relating to municipalities inconsistent with the provisions of the charter shall apply to any such municipality. B. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied charter municipalities by general law or charter. A liberal construction shall be given to the powers of municipalities to provide for maximum local self-government. History: 1953 Comp., § 14-14-11, enacted by Laws 1965, ch. 300; 1984, ch. 65, § 173. ANNOTATIONSReferendum provision dealing specially with popular referenda on franchise ordinances prevails over referendum provisions of the city charter applying to ordinances generally and not to franchise ordinances alone. Albuquerque Bus Co. v. Everly, 1949-NMSC-058, 53 N.M. 460, 211 P.2d 127. Application of state law where authorizations omitted from charter. — Where a city adopts a charter, but omits from such charter authorization to the city commissioners to pave city streets and meet the cost by special assessment and to enforce the liens created therefor by foreclosure, the state law on municipalities governs. Ellis v. New Mexico Constr. Co., 1921-NMSC-068, 27 N.M. 312, 201 P. 487.
NM Stat § 3-15-14 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-14 - Petitions; qualifications of signers; contents.

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. History: 1953 Comp., § 14-14-12, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For examinations of signatures, purging and judicial review of petitions, see 3-1-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal in time therefor, 27 A.L.R.2d 604.
NM Stat § 3-15-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-15 - Publication of proposed charter.

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 shall cause to be printed for distribution not less than one thousand copies of the proposed charter, the distribution to be not less than three weeks before the date set for the election. History: 1953 Comp., § 14-14-13, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For definition of "publish" or "publication," see 3-1-2 NMSA 1978.
NM Stat § 3-15-16 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-16 - Amendment or repeal of charter; alternate methods.

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 submitted by the governing body of the municipality to the qualified electors or by petition as provided for in Section 3-15-4 NMSA 1978 for the adoption of an original charter at a general or special election and ratified by a majority of the qualified electors voting on the amendment or repeal. History: 1953 Comp., § 14-14-14, enacted by Laws 1965, ch. 300; 1971, ch 118, § 6; 1990, ch. 63, § 1. ANNOTATIONSThe 1990 amendment, effective May 16, 1990, inserted "by law of the territorial legislature of New Mexico" and "under the provisions of," substituted "Section 3-15-4 NMSA 1978" for "Section 14-14-2 NMSA 1953" and made a minor stylistic change. A municipality's charter may be amended only as authorized by the legislature. 1987 Op. Att'y Gen. No. 87-81. There is no legislative grant of authority for Silver City, which is not a home-rule municipality, to amend its charter. It must adopt a new charter. 1987 Op. Att'y Gen. No. 87-81. Am. Jur. 2d, A.L.R. and C.J.S. references. — Extension of boundaries of municipality by amendment to charter, 64 A.L.R. 1371. Detachment of territory from municipality under power to amend charter, 117 A.L.R. 296. Doctrine of de facto existence or powers of municipal corporation as applicable to amendment or revision of charter, 7 A.L.R.2d 1407.
NM Stat § 3-16-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-1 - Combined city-county municipal corporations; definitions.

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 municipality and county; B. "city" means the municipality involved in the city and county consolidation, including the area within the boundary of the city; C. "county" means the county government including the area within the exterior boundaries of the county involved in the city and county consolidation, and outside the boundary of the city; and D. "election units" includes the area of the city and county, respectively. History: 1953 Comp., § 14-15-1, enacted by Laws 1965, ch. 300. ANNOTATIONSHome rule municipalities. — Home rule municipality may set minimum wage higher than that required by the state Minimum Wage Act because of the independent powers possessed by municipalities in New Mexico and the absence of any conflict with state law. New Mexicans for Free Enterprise v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 81, 82. 62 C.J.S. Municipal Corporations § 79.
NM Stat § 3-16-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-3 - Approval of charter at election; legislative body for 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 effective as hereinafter provided. If the charter is rejected, in the event approval is given for the consolidation, the governing body of the city and county shall, within sixty days thereafter, provide for a new charter committee as hereinbefore set forth for the purpose of framing a new proposed charter which shall be done and submitted to the voters in like manner, and this procedure shall be followed until a proposed charter for such combined city and county government is approved by the electors. The charter, when adopted, may be revised or amended as provided in the charter or bylaw for such charters. The governing body of the city and the board of county commissioners shall be the first legislative authority of the combined municipal organization and they shall continue in office until the terms for which each was elected expires, and no successor shall be elected or appointed under the combined municipal organization charter until the number of said body falls below the number provided in the city and county charter. History: 1953 Comp., § 14-15-3, enacted by Laws 1965, ch. 300.
NM Stat § 3-16-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-4 - Charter; contents.

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 government for the city and county not inconsistent with the constitution and laws of New Mexico. History: 1953 Comp., § 14-15-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-16-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-5 - Date for commencing operation of new organization; 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 the county government and all offices thereof, except as provided herein, shall terminate, and the new combined municipal organization government shall begin operation in lieu thereof on the first day of July following the adoption of a charter for the combined municipal organization by the governing authority of the combined municipal organization. If approval of the proposed charter is given by a vote of the majority of the electors voting thereon, the governing authority of the combined municipal organization may adopt the same by a majority vote. In the event the electors of either election unit shall disapprove the proposed charter submitted to them for approval for two consecutive elections upon such proposition, subsequent to the first election, then the consolidation, although previously approved, shall not become effective but shall be void, and the proposition for consolidation shall not be again submitted to a vote of the electors in the combined municipal organization for a period of two years after the last election on the question of approval of the charter. History: 1953 Comp., § 14-15-5, enacted by Laws 1965, ch. 300.
NM Stat § 3-16-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-6 - Powers of combined organization.

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 government and all powers and duties vested in cities by the constitution and laws of New Mexico, and also all powers vested by law in counties, except as provided in the charter adopted and in Article 10, Section 4 of the constitution of New Mexico. History: 1953 Comp., § 14-15-6, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 94.
NM Stat § 3-16-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-7 - County officers at time of city and county consolidation; 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 legislative authority thereof determines, and after expiration of his term the county office shall terminate, except as provided herein. History: 1953 Comp., § 14-15-7, enacted by Laws 1965, ch. 300.
NM Stat § 3-16-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-8 - Justices of the peace [magistrates] at time of city and 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 government becomes operative, shall continue to hold office as justices of the peace [magistrates] for such combined municipal organization within their respective precincts for the term for which they have been elected, and their successors shall be elected at the time and in the manner and for the term provided by law for justices of the peace [magistrates]. Vacancies in office shall be filled by the governing body of the combined municipal organization for the term as provided for justices of the peace [magistrates] appointed to fill vacancies. Justices of the peace [magistrates] in the combined municipal organization shall exercise the same powers and jurisdiction as is provided by law for justices of the peace [magistrates]. History: 1953 Comp., § 14-15-8, enacted by Laws 1965, ch. 300. ANNOTATIONSBracketed material. — The bracketed material was not enacted by the legislature and is not a part of the law. Pursuant to Laws 1968, ch. 62, § 40, "magistrates" was inserted in brackets throughout this section.
NM Stat § 3-16-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 16 - Combined Municipal Organizations|Section 3-16-9 - Municipal judges to be provided for in charter.

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 the charter. History: 1953 Comp., § 14-15-9, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For municipal courts, see 35-14-1 NMSA 1978 et seq.