reglab/statecodes huggingface dataset:
2023 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B. All acts and parts of acts in conflict with Sections 3-24-1 through 3-24-10 NMSA 1978, are repealed, except that these sections shall not be construed as amending or repealing Section 62-9-1 NMSA 1978.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.
ANNOTATIONS
Constitutionality 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Law reviews.
— For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
2023 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.
ANNOTATIONS
Cross references.
— For constitutional provision on eminent domain,
see
N.M. Const., art. II, § 20.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 27 - Water Facilities › Section 3-27-5 - Potable; contracts for acquiring and supplementing supply; 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 may by ordinance:
(1) contract over a period of years with:
(a) the United States government or any of its agencies;
(b) the state of New Mexico or any of its agencies, boards or instrumentalities; or
(c) any person or association;
(2) agree to accept any pay for a specified amount of water per annum during the term of the contract; and
(3) adopt and enforce water charges sufficient to meet the payments required by the contract.
B. Payments required by a contract authorized by this section shall be made from any funds of the municipality other than the proceeds from an ad valorem tax and shall be considered an expense of the operation and maintenance of the water utility. In no event shall the obligation to make such payments be considered a general obligation or indebtedness of the municipality within the meaning of any constitutional or statutory provision.
C. Two or more municipalities may become parties to any contract authorized by this section.
History:
1953 Comp., § 14-26-5, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Appropriation of underground water.
— Where a municipality files applications with the state engineer to appropriate underground water, only if they are approved will any type of purchase financing be required and only subsequent to such approval could the amount of the obligation be ascertainable, in which event such financing might be accomplished by means which would satisfy the requisites of either this section or 6-6-11 NMSA 1978.
City of Hobbs v. State ex rel. Reynolds
, 1970-NMSC-133, 82 N.M. 102, 476 P.2d 500.
Contract for lease amounted to invalid contract of sale.
— An ordinance creating a contract termed a lease for water supply for a town, the town to become owner in 10 years, amounted to a contract of sale and was invalid because not submitted to the voters.
Hagerman v. Town of Hagerman
, 1914-NMSC-037, 19 N.M. 118, 141 P. 613.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Special requirements of consumer as giving rise to implied contract by public utility to furnish particular amount of electricity, gas, or water, 13 A.L.R.2d 1233.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 27 - Water Facilities › Section 3-27-6 - Judicial examination, approval and confirmation.

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 Section 3-27-5 NMSA 1978. The petition shall set forth the facts whereon the validity of the contract is founded and shall be verified by an appropriate official of the governing body. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting. The court shall fix the time for the hearing of the petition and shall order the clerk of the court, under the seal thereof, to give notice of the filing of the petition, stating in brief outline the contents of the petition and showing where a full copy of any contract therein mentioned may be examined. The notice shall also state the time and place fixed for the hearing of the petition, and that any owner of property, or any resident, within the limits of the municipality, or any person interested in the contract or in the premises, may at any time, prior to the date fixed for the hearing or within such further time as may be allowed by the court, appear and move to dismiss or answer the petition. The notice shall be served by publication once each week for four consecutive weeks in a newspaper of general circulation published in the county wherein the case is pending, and by posting the notice in the office of the clerk of the municipality, at least thirty days prior to the date fixed in the notice for the hearing of the petition. Jurisdiction shall be complete after the publication and posting. Any owner of property, or any resident, within the limits of the municipality, or any person interested in the contract or in the premises, may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within any additional time as may be allowed by the court, and the petition shall be taken as confessed by all persons who fail so to appear.
History:
1953 Comp., § 14-26-6, enacted by Laws 1965, ch. 310, § 1.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 27 - Water Facilities › Section 3-27-7 - Hearing; costs; review.

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 apportioned among any contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other civil action. The Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties. The provisions of Section [Sections] 3-27-6 and 3-27-7 NMSA 1978, shall apply to contracts entered into pursuant to the provisions of Section 3-27-5 NMSA 1978.
History:
1953 Comp., § 14-26-7, enacted by Laws 1965, ch. 310, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 27 - Water Facilities › Section 3-27-9 - Emergency water supply fund created; expenditure.

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 water supply for residents of any community of less than 5,000 population in New Mexico using a drinking water supply system in common. Disbursements from the fund shall be upon vouchers signed by the secretary of finance and administration or his authorized representative.
History:
1953 Comp., § 14-26-9, enacted by Laws 1972, ch. 25, § 1; 1983, ch. 301, § 8.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-2 - Intercommunity water or natural gas supply association; directors.

Any association formed under Chapter 3, Article 28 NMSA 1978 shall be designated an intercommunity water or natural gas supply association. The directors of the association shall be composed of the commissioners appointed by and shall serve at the pleasure of the governing body of the municipalities who appoint the commissioners.
History:
1953 Comp., § 14-27-2, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 2.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, rewrote the first sentence which read "Any such association formed under Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation shall be designated an intercommunity water or natural gas supply association" and made minor stylistic changes in the second sentence.
Jurisdiction of public service commission.
— Insofar as the utility operation of an intercommunity gas association is concerned, the New Mexico public service commission is the major agency exercising jurisdiction over such association. 1966 Op. Att'y Gen. No. 66-07.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-3 - Certificate of association.

The incorporators of an association formed under Chapter 3, Article 28 NMSA 1978 shall execute a certificate setting forth:
A. the name of the association. No name shall be assumed that is in use by another association or corporation in this state or so nearly similar as to lead to uncertainty or confusion;
B. the names of the incorporators;
C. the location of its principal office in this state;
D. the objects and purposes of the association, the county or counties in which its operations are to be carried on and the general description of the lands, reservoir, pipelines and water or natural gas supply systems to be used under the management of the association;
E. the amount of capital stock and number and denomination of the shares or, if the incorporators do not desire to issue shares of stock, the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its works and for its necessary expenses;
F. the period, if any, limited for the duration of the association; and
G. the number of members to serve upon the board of directors of the association and the duration of their offices, and it may name the persons who shall serve as the board of directors for the first three months or until their successors are duly appointed and qualified.
The certificate or any amendment thereof may also contain any provision not inconsistent with the law of this state that the incorporators may choose to insert for the regulation and conduct of the affairs of the association extending its membership, enlarging or changing the scope of its operations, creating and enforcing a lien upon the reservoirs, works, water rights and pipelines of the association or its members for the cost of the acquisition, construction, repair, improvement and maintenance of same, collecting the necessary funds for expenses and purposes of the association, defining or limiting its powers and for its dissolution and the distribution or other disposition of its property.
History:
1953 Comp., § 14-27-3, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 3.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, deleted the "and" at the end of Subsection G, deleted the subsection designation "H" at the beginning of the final paragraph of the section, and made minor stylistic changes throughout.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-4 - Acknowledgment and filing of original certificate; recording of copy.

The certificate of association shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state, and a copy of the certificate, duly certified by the secretary of state, shall be recorded in the office of the county clerk of the county or counties where the lands or works are located. The certificate or a copy thereof duly certified by the secretary of state or county clerk shall be evidence in all courts and places.
History:
1953 Comp., § 14-27-4, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 4; 2013, ch. 75, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that certificates of association be filed with the secretary of state; after the "filed in the office of the" deleted "state corporation commission" and added "secretary of state"; after "a copy of the certificate, duly certified by the", deleted "state corporation commission" and added "secretary of state"; and after "a copy thereof duly certified by the", deleted "commission" and added "secretary of state".
The 1990 amendment,
effective March 2, 1990, substituted "The certificate of association" for "Said certificate" at the beginning of the section and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-5 - Powers of association as body corporate.

Upon the filing of the certificate and copy thereof as provided in Section 3-28-4 NMSA 1978, the persons so associating, their successors and those who may thereafter become members of the association shall constitute a body corporate by the name set forth in the certificate and by such name may sue and be sued and shall have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property, real and personal, and to do any other act or thing necessary or proper for carrying out the purposes of their organization.
History:
1953 Comp., § 14-27-5, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 5.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, substituted "Section 3-28-4 NMSA 1978" for "Section 14-27-4 New Mexico Statutes Annotated, 1953 Compilation" and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-6 - Amendment of certificate of incorporation.

Every association formed under Chapter 3, Article 28 NMSA 1978 may change its name, increase or decrease its capital stock or membership, change the location of its principal office in this state, extend the period of its existence and make such other amendment, change or alteration as may be desired, not inconsistent with Chapter 3, Article 28 NMSA 1978 or other law of this state, by a resolution duly adopted by a two-thirds' vote of the entire membership of the board of directors. A certified copy of such resolution with the affidavit of the president and secretary that the resolution was duly adopted by a two-thirds' vote of the entire membership of the board of directors at a meeting held in accordance with the provisions of its bylaws shall be filed and recorded as provided for filing the original certificate of incorporation, and, thereupon, the certificate of incorporation shall be deemed to be amended accordingly, and a copy of the certificate of amendment certified by the secretary of state and the county clerk shall be accepted as evidence of such change or amendment in all courts and places.
History:
1953 Comp., § 14-27-6, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 6; 2013, ch. 75, § 2.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that the secretary of state certify certificates of amendment of articles of incorporation; and in the second sentence, after "certificate of amendment certified by the", deleted "state corporation commission" and added "secretary of state".
The 1990 amendment,
effective March 2, 1990, inserted "formed under Chapter 3, Article 28 NMSA 1978" and substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation" in the first sentence and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-7 - Notice of first meeting.

The first meeting of every association formed under Chapter 3, Article 28 NMSA 1978 shall be called by a notice signed by a majority of the incorporators named in the certificate of incorporation, which notice shall be served personally or by mail at least ten days prior to the date of the meeting.
History:
1953 Comp., § 14-27-7, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 7.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, inserted "formed under Chapter 3, Article 28 NMSA 1978" and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-8 - Board of directors; powers.

The power to make and alter bylaws or rules and regulations for the management and operation of the works of the association, and the control and conduct of its business and affairs, shall be in the board of directors.
History:
1953 Comp., § 14-27-8, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-9 - Officers or agents; manner of appointment.

Associations formed under Chapter 3, Article 28 NMSA 1978 may have such officers or agents chosen or appointed in such manner and for such terms as may be provided by the bylaws except as is otherwise provided in Chapter 3, Article 28 NMSA 1978.
History:
1953 Comp., § 14-27-9, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 8.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, inserted "formed under Chapter 3, Article 28 NMSA 1978", substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation" and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-10 - Revenue bond issues.

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 and distribution system, the association is hereby authorized to make and issue revenue bonds, payable solely out of the net income to be derived from the operation of such system, and to pledge irrevocably such income to the payment of the bonds, the proceeds of the bonds to be used solely for the purchasing, acquiring, constructing and making of necessary improvements, extension, repairs and betterments of the systems or for the purchase and acquiring of wells, cisterns, reservoirs or other sources of supply, rights-of-way, pipelines and pumping plants or other machinery necessary for the operation thereof and the land and real estate upon which the same are situated or to be situated.
History:
1953 Comp., § 14-27-10, enacted by Laws 1965, ch. 300; 1981, ch. 203, § 2; 1990, ch. 60, § 9.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-11 - Terms and provisions of revenue bond issues.

A. Revenue bonds issued as provided in Chapter 3, Article 28 NMSA 1978:
(1) shall bear interest at such rates as the association may determine payable annually or semiannually except for the first interest payment which may be for any period not to exceed one year from the date of the bonds;
(2) may be subject to prior redemption at the association's option at such time and upon such terms and conditions with or without payment of a premium as may be provided by the resolution, indenture or other authorizing instrument;
(3) shall be numbered from one upward consecutively;
(4) shall be in such form as may be determined by the association;
(5) shall mature at any time or times not exceeding thirty-five years from the date of such bonds;
(6) may be secured by a bond reserve fund that may be funded by proceeds of the bonds or net revenues of the system or both;
(7) may be secured by municipal bond insurance or other credit facilities;
(8) may be issued pursuant to an indenture of trust or similar instrument with a corporate or other trustee; and
(9) may have such other terms and conditions as the association may provide.
B. Such revenue bonds may be sold at either public or private sale, at, above or below par and at any net effective interest rate as the association may determine; provided that such revenue bonds shall not be sold at any net effective interest rate in excess of twelve percent a year unless the state board of finance at any time prior to delivery of the revenue bonds approves such higher net effective interest rate in writing, based upon the determination of the board that the higher rate is reasonable under existing or anticipated bond market conditions. Any approval of any net effective interest rate in excess of twelve percent shall constitute conclusive authority for the association to issue its revenue bonds at the higher net effective interest rate. As used in this subsection "net effective interest rate" means the interest rate based on the actual price to such association, calculated to maturity according to standard tables of bond values.
History:
1978 Comp., § 3-28-11, enacted by Laws 1990, ch. 60, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1990, ch. 60, § 10 repealed former Section 3-28-11 NMSA 1978, as enacted by Laws 1965, ch. 300 and enacted a new section, effective March 2, 1990.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-13 - Payment of bonds.

Revenue bonds issued under Chapter 3, Article 28 NMSA 1978 shall not be considered or held to be general obligations of the intercommunity water or natural gas supply association issuing them and shall be collectible only out of the net revenues derived from the operation of the water or natural gas system whose income is so pledged. Each of the bonds of any issue of revenue bonds so issued shall recite on its face that it is payable and collectible solely from the revenues derived from the operations of the water or natural gas system, the income of which is so pledged, and that the holders of the bonds may not look to any general or other fund for the payment of principal or interest of such obligations; provided, further, that such revenue bonds may additionally be secured by a mortgage on the properties of the association and that the properties may be conveyed to a trustee for the benefit and security of the holders of the bonds. To the extent provided in the bond resolution or the trust indenture securing such bonds, additional bonds may be issued on a parity basis with bonds issued previously, and bonds constituting a junior lien on the net revenues or properties may be issued unless prohibited by any such bond resolution or trust indenture.
History:
1953 Comp., § 14-27-13, enacted by Laws 1965, ch. 300; 1967, ch. 40, § 1; 1990, ch. 60, § 12.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, substituted "Revenue bonds issued under Chapter 3, Article 28 NMSA 1978" for "It is hereby declared that revenue bonds issued hereunder" at the beginning, made a spelling correction, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-14.1 - Publication of notice after adoption of resolutions; limitation of action.

The association, after its board of directors has adopted a resolution authorizing the issuance of the bonds, shall publish notice of the adoption of such resolution once in a newspaper of general circulation within the area served by the association. After the passage of thirty days from such publication, any action attacking the validity of the bonds, the resolution, indenture or other instrument or any proceedings had or taken by the board of directors or association preliminary to and in the authorization and issuance of the bonds described in the notice, including but not necessarily limited to any attack on the power to issue such bonds, is perpetually barred.
History:
1978 Comp., § 3-28-14.1, enacted by Laws 1990, ch. 60, § 14.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-15 - Financial assistance.

Any association formed under Section 3-28-1 NMSA 1978 to provide natural gas service in an unincorporated rural community or to purchase, acquire, hold and operate a water supply system is authorized to apply for and accept grants, contributions and any other form of financial assistance from the federal government, the state, the county or other public body or from any sources, public or private, for the purposes for which it is organized.
History:
1953 Comp., § 14-27-13.2, enacted by Laws 1969, ch. 186, § 2; 1990, ch. 60, § 15; 1991, ch. 62, § 1.
ANNOTATIONS
The 1991 amendment,
effective April 1, 1991, inserted "or to purchase, acquire, hold and operate a water supply system".
The 1990 amendment,
effective March 2, 1990, substituted "Section 3-28-1 NMSA 1978" for "Section 14-27-1 NMSA 1953" and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-17 - Proceeds from bond issues not to be diverted from purpose.

Whenever, under the provisions of the laws of this state, any intercommunity water or natural gas supply association obtains or has obtained any money or credits by means of the issue of its bonds or other evidences of indebtedness for the purpose of the purchase, construction or extension or repair of any particular system, it shall be unlawful to divert, use or expend any of the money or credits in the purchase, construction or extension or repair of any other system or for any purpose other than that for which the money or credits were or shall be obtained.
History:
1953 Comp., § 14-27-15, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 17.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, made minor stylistic changes throughout the section.