reglab/housing_qa huggingface dataset:
NM Stat § 3-24-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-6 - Electric utility; power to issue revenue bonds.

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 improvements, extensions, repairs and betterments of the electric utility. B. The electric utility revenue bonds are to be paid solely from the net income derived from the operation of the electric utility. History: 1953 Comp., § 14-23-6, enacted by Laws 1965, ch. 300.
NM Stat § 3-24-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-7 - Limitations on electric utility of municipality.

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 B. All acts and parts of acts in conflict with Sections 3-24-1 through 3-24-10 NMSA 1978, are repealed, except that these sections shall not be construed as amending or repealing Section 62-9-1 NMSA 1978. History: 1953 Comp., § 14-23-7, enacted by Laws 1965, ch. 300. ANNOTATIONSConstitutionality of limiting municipal electric system's right to serve area. — Where the legislature limits a municipal electric system's right to serve in an area, that legislative limitation does not constitute an unconstitutional exclusive franchise in violation of N.M. Const., art. IV, § 26. Springer Elec. Coop. v. City of Raton, 1983-NMSC-036, 99 N.M. 625, 661 P.2d 1324. Municipality to yield to rural cooperative's project outside municipal boundary. — This section and 3-24-1 NMSA 1978 require that a municipality shall yield to rural cooperative's project which rightfully extends lines or service to an area referred to in 3-24-1A(2) NMSA 1978. Springer Elec. Coop. v. City of Raton, 1983-NMSC-036, 99 N.M. 625, 661 P.2d 1324 (1983). Injunctive relief held premature. — An electric cooperative which had not yet acquired a plant nor transmission lines acted prematurely in bringing suit in equity to enjoin town from acquiring electric transmission and distribution lines outside corporate limits where plaintiff held a previously acquired franchise. Sierra Elec. Coop. v. Town of Hot Springs, 1947-NMSC-022, 51 N.M. 150, 180 P.2d 244.
NM Stat § 3-24-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-8 - Electric utility; limitation on right to acquire system beyond 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 from the gross revenue ascribable to the electric system so acquired. B. No municipality shall acquire any public utility system for furnishing electricity more than five miles beyond its boundary in territory receiving similar utility service: (1) from a public utility subject to the jurisdiction of the New Mexico public utility commission and the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] without the consent of the public utility or as otherwise provided by law; (2) within any municipality that already owns or operates its electric utility without the consent of the municipality or as otherwise provided by law; or (3) within territory receiving similar utility service from a rural electric cooperative without the consent of the rural electric cooperative or as otherwise provided by law. C. The provisions of this section shall not apply to either the acquisition by a municipality of a generating facility or any interest in a jointly owned generating facility or the sale of electric power and energy derived from any such facility as authorized by Section 3-24-1 NMSA 1978. History: 1953 Comp., § 14-23-8, enacted by Laws 1965, ch. 300; 1979, ch. 260, § 6; 1993, ch. 282, § 6. ANNOTATIONSCross references. — For rural electric cooperatives, see 62-15-1 NMSA 1978 et seq. The 1993 amendment, effective June 18, 1993, in Subsection B, substituted "New Mexico public utility commission" for "New Mexico public service commission" in Paragraph (1), and made a stylistic change in Paragraph (2).
NM Stat § 3-24-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-10 - Contracts with electric utilities for the operation of 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 electric facilities by the electric utility upon such terms and conditions as are mutually agreeable to the contracting parties. No utility, by virtue of the contract or the operation and management of the municipal electric facilities, shall acquire any rights, interest or equity in the municipal system nor shall the municipality surrender any of its rights, interest or equity in the municipal system. B. No municipal funds shall be expended for the operation and management of such system except such funds as are contracted to be reimbursed by the contracting electric utility. Any municipality entering into a contract and operating and managing such electric system shall not acquire any right, interest or equity in such electric utility. C. No contract entered into by a municipality pursuant to this section shall run for more than ten years. D. Nothing contained in this section shall operate to prevent a municipality from entering into contracts pursuant to Section 3-24-15 NMSA 1978 for the operation, maintenance and management of a jointly owned generating facility in which such municipality has any interest, nor from entering into a lease agreement or lease-purchase agreement with respect to any of such municipality's electric facilities. History: 1953 Comp., § 14-23-10, enacted by Laws 1965, ch. 300; 1979, ch. 260, § 7.
NM Stat § 3-24-11 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-11 - Short title.

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.
NM Stat § 3-24-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-12 - Legislative intent.

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, including without limitation any right to entitlement or capacity, in a jointly owned generating facility and to participate in the operation, maintenance and management of any such facility or contract with respect to the operation, maintenance and management of any such facility for the purpose of meeting present or future electric power and energy necessities. History: 1978 Comp., § 3-24-12, enacted by Laws 1979, ch. 260, § 9. ANNOTATIONSCross references. — For power of municipality to acquire and operate electric distribution systems, see 3-24-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 575 to 578. 63 C.J.S. Municipal Corporations §§ 959, 960, 1052.
NM Stat § 3-24-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-13 - Limitation on applicability of the Municipal Electric 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.
NM Stat § 3-24-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-15 - Contract for participation in and operation and 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 forth the respective rights, duties, obligations and responsibilities of each joint participant for the operation, maintenance and management of the jointly owned generating facility and shall further provide that any municipality shall own a percentage of the jointly owned generating facility equal to at least the percentage of the money furnished or the value of the property supplied by it for the acquisition of such jointly owned generating facility and shall own or control, in the case of a generating facility, at least an identical percentage of the electric power and energy output of the jointly owned generating facility. Such contract may include, without limitation, the designation of one joint participant as the agent for other joint participants with respect to the construction, operation, maintenance and management of a jointly owned generating facility and may provide, without limitation, for the sharing of costs, including but not limited to third-party claims, insurance premiums and insurance deductibles, on a proportional basis reflective of ownership. Notwithstanding the provisions of Section 3-24-10 NMSA 1978, any contract entered into pursuant to this section may be for such term as the joint participants deem necessary or convenient. History: 1978 Comp., § 3-24-15, enacted by Laws 1979, ch. 260, § 12; 1981, ch. 124, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 3-24-16 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-16 - Municipal liability.

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 has any interest and shall not be liable for the acts, omissions or obligations of any other joint participant. The term "joint participant" as used in this section does not include an agent designated pursuant to Section 3-24-15 NMSA 1978 acting in its capacity as such. The provisions of this section shall not affect the liabilities, immunities, duties, limitations or other provisions affecting a municipality or public employee granted, permitted, required or provided for in the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], as amended from time to time, nor the liabilities and duties assumed by the municipality under a contract pursuant to Section 3-24-15 NMSA 1978. History: 1978 Comp., § 3-24-16, enacted by Laws 1979, ch. 260, § 13; 1981, ch. 124, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability for injury or death resulting when object is manually brought into contact with, or close proximity to, electric line, 33 A.L.R.4th 809. Liability of electric utility to nonpatron for interruption or failure of power, 54 A.L.R.4th 667. Liability for injury or death from collision with guy wire, 8 A.L.R.5th 177.
NM Stat § 3-24-17 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-17 - Application of municipal money or property.

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. History: 1978 Comp., § 3-24-17, enacted by Laws 1979, ch. 260, § 14.
NM Stat § 3-24-18 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 24 - Electric Utility|Section 3-24-18 - Exemption from certain acts.

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 in a jointly owned generating facility, or to any contract, indebtedness or agreement for the operation, maintenance and management of such facility or the sale or other disposal of power or energy therefrom. History: 1978 Comp., § 3-24-18, enacted by Laws 1979, ch. 260, § 15. ANNOTATIONSCompiler's notes. — Most of the provisions of the Public Purchases Act, 13-1-1 to 13-1-27 NMSA 1978, have been repealed. The present comparable provisions are in the Procurement Code. See 13-1-28 NMSA 1978 and notes thereto for the scope of that act.
NM Stat § 3-25-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 25 - Gas Utility|Section 3-25-1 - Gas or geothermal utility; acquisition by municipality; intent 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 miles of the municipal boundary; (2) take proper steps and actions necessary to that end by the acquisition of a natural gas or geothermal system; (3) finance the acquisition of the natural gas or geothermal system through the issuance of bonds; and (4) operate and manage a natural gas association, in which it was an organizer, organized by two or more municipalities pursuant to Sections 3-28-1 through 3-28-19 NMSA 1978 if the operating municipality finds that the association can no longer maintain adequate service. The terms and conditions of the operation and management by the municipality shall be set forth in a joint powers agreement between the municipality and the association. B. Chapter 3, Article 25 NMSA 1978 shall be liberally construed in conformity with the intent of this section. History: 1953 Comp., § 14-24-1, enacted by Laws 1965, ch. 300; 1983, ch. 123, § 1; 1985, ch. 81, § 2. ANNOTATIONSCross references. — For water or natural gas associations, see 3-28-1 NMSA 1978 et seq. For authority to issue general obligation bonds, see 3-30-5 NMSA 1978. For revenue bonds, see 3-31-1 NMSA 1978 et seq. For Low Income Utility Assistance Act, see 27-6-11 NMSA 1978 et seq. For Tort Claims Act, see 41-4-1 NMSA 1978 et seq. For excavation damage to pipelines and underground utility lines, see 62-14-1 NMSA 1978 et seq. Municipality's authority limited to five miles. — Whatever the meaning of "not limited to" in 3-25-3 NMSA 1978, these words did not extend the municipality's authority to distribute natural gas to customers more than five miles beyond the municipal limits. City of Las Cruces v. Rio Grande Gas Co., 1967-NMSC-190, 78 N.M. 350, 431 P.2d 492. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Electricity, Gas, and Steam §§ 58, 59, 71, 154 et seq.; 56 Municipal Corporations, Counties, and Other Political Subdivisions §§ 575, 576. 63 C.J.S. Municipal Corporations § 1052.
NM Stat § 3-25-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 25 - Gas Utility|Section 3-25-2 - Gas or geothermal utility; authorization to acquire; charges.

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 the gas used by the person receiving the service by volume or energy content. C. A municipality owning and operating a geothermal utility shall measure the heat used by the person receiving the service by fluid volume and temperature or energy content. History: 1953 Comp., § 14-24-2, enacted by Laws 1965, ch. 300; 1985, ch. 81, § 3. ANNOTATIONSCross references. — For charge for service becomes a lien against property served, see 3-23-6 NMSA 1978. For municipal liens, see 3-36-1 NMSA 1978 et seq. Customer credits permitted. — A city as owner of a natural gas system, in order to promote the use of natural gas and compete with other utilities, could give credits of $12.50 to $50.00 to customers if they installed a new gas water heater, changed to a gas water heater from another type of water heater or replaced the existing gas water heater with a new gas water heater. 1964 Op. Att'y Gen. No. 64-53.
NM Stat § 3-25-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 25 - Gas Utility|Section 3-25-4 - Financing acquisition of gas or geothermal utility.

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 1978. History: 1953 Comp., § 14-24-4, enacted by Laws 1965, ch. 300; 1985, ch. 81, § 5. ANNOTATIONSLaw reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
NM Stat § 3-25-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 25 - Gas Utility|Section 3-25-5 - Gas or geothermal utility; eminent domain power; 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 of a natural gas or geothermal utility. Proceedings to obtain such condemnation shall be in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: 1953 Comp., § 14-24-5, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 5; 1981, ch. 125, § 38; 1985, ch. 81, § 6. ANNOTATIONSCross references. — For constitutional provision on eminent domain, see N.M. Const., art. II, § 20.
NM Stat § 3-26-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 26 - Sewage Facilities|Section 3-26-2 - Sanitary sewers; charges and assessments for maintenance 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 levy by general ordinance a just and reasonable service charge upon a front-foot, volume-of-sewage, number-of-outlets or other equitable basis on: (1) an improved or unimproved lot or land that adjoins a street in which a sewage collection system exists or that is accessible to such a sewage collection system; and (2) premises and improvements otherwise situated but connected to the sewage collection system. B. Any charge authorized in Subsection A of this section is a lien co-equal with a similar water lien and superior to all other liens except general property taxes upon the property so charged and is a personal liability of the owner of the property so charged. The lien shall be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978. History: 1953 Comp., § 14-25-2, enacted by Laws 1965, ch. 300; 1967, ch. 146, § 6; 1977, ch. 324, § 1; 1994, ch. 99, § 2. ANNOTATIONSCross references. — For Eminent Domain Code, see 42A-1-1 to 42A-1-33 NMSA 1978. The 1994 amendment, effective May 18, 1994, in Subsection A, substituted "sewer" for "sewage" twice, inserted "acquisition, condemnation or" near the beginning of the subsection, and made stylistic changes; and, in Subsection B, substituted "3-36-1 through 3-36-7 NMSA" for "14-35-1 through 14-35-6 NMSA 1953" and made stylistic changes. Standards for setting rates. — Where the municipality owns and operates a water and sewer system, the rates charged by it must be fair, reasonable and just, uniform and nondiscriminatory. The city has the power to set reasonable rates in excess of actual expenditures in furnishing municipally owned utility services, if such rates compare favorably with those received by private utility companies. Apodaca v. Wilson, 1974-NMSC-071, 86 N.M. 516, 525 P.2d 876. Application of revenues. — This section and 3-27-4 NMSA 1978 do not limit or prohibit the application of the revenues from the sewer or water system operated by a home-rule city to other municipal purposes. The only limitation, as in the case of any legislative action or function by the city, is that it exercise its authority in a reasonable manner and act pursuant to constitutional authority. Apodaca v. Wilson, 1974-NMSC-071, 86 N.M. 516, 525 P.2d 876. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 574. 63 C.J.S. Municipal Corporations § 1356.
NM Stat § 3-26-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 26 - Sewage Facilities|Section 3-26-3 - Authority to require sewer connections; adoption of rules 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 necessary rules and regulations relating to the connection, use, injury, maintenance, supervision and inspection of the sewage facilities. History: 1953 Comp., § 14-25-3, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 573. 64 C.J.S. Municipal Corporations § 1805.
NM Stat § 3-27-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 27 - Water Facilities|Section 3-27-3 - Potable; jurisdiction over water facilities and source.

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 reservoirs, streams and other sources supplying the reservoirs and streams; and (3) five miles above the point from which the water is taken. B. In exercising its jurisdiction to acquire, maintain, contract for or condemn and protect the water facilities, the municipality shall not act so as to physically isolate and make nonviable any portion of the water facilities, within or without the municipality. The municipality may adopt any ordinance and regulation necessary to carry out the power conferred by this section. History: 1953 Comp., § 14-26-3, enacted by Laws 1965, ch. 300; 1994, ch. 99, § 4; 2009, ch. 269, § 3. ANNOTATIONSCross references. — For Eminent Domain Code, see 42A-1-1 to 42A-1-33 NMSA 1978. The 2009 amendment, effective June 19, 2009, in Subsection B, after "contract for or condemn", added "and protect the water facilities". The 1994 amendment, effective May 18, 1994, inserted "acquiring" and "contracting for, condemning or" in the introductory language, added the next to last paragraph, and made stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations § 1051.