2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-4 - Powers of authorized municipality.

A. Any eligible municipal corporation having elected to invoke the powers set forth in the Municipal Transit Law may engage in the business of transportation of passengers and property within the municipality by whatever means it may decide, and may acquire cars, motor buses and other equipment necessary for carrying on the business. It may acquire land and erect buildings and equip them with all necessary machinery and facilities for operation, maintenance, modification, repair and storage of any buses, cars, trucks or other equipment needed. It may do all things necessary for the acquisition and conduct of the business of transportation.
B. The governing body may provide for the selection of officers, agents, and employees necessary to be employed in connection with the acquisition, construction, maintenance and operation of such system of transportation, define their duties, regulate their compensation, and provide for their removal.
C. The governing body may make, ordain and establish all such ordinances, resolutions, rules and regulations as it may deem necessary and proper for the conduct of the business of transportation and for fixing and collecting all fares, rates and charges for services rendered therein.
D. Any municipality engaging in the business of transportation may extend any system of transportation to points outside the municipality where necessary and incidental to furnishing efficient transportation to points in the municipality.
E. The governing body may lease any system of transportation in whole or in part to any person who will contract to operate it according to rules, time tables and other requirements established by the governing body.
F. Any municipality may furnish transportation service to areas located outside the city limits and within the county in which it is located provided that prior contracts have been made with the county in which the areas are located covering the schedules, rates, service and other pertinent matters before initiation of such service.
G. Power of eminent domain:
(1) is granted to a qualifying municipality for the purpose of acquiring lands and buildings necessary to provide efficient public transit;
(2) is granted to a qualifying municipality for the purpose of acquiring lands, equipment, buses, contracts and other assets of persons holding franchises for public transit therein; and
(3) may be exercised as provided by law.
H. The city, as an operating entity, may enter into contracts for special transportation service, charter buses, advertising and any other function which private enterprise, operating a public transit facility could do or perform for revenue.
I. The governing body may spend public moneys to pay part of the costs of operation of public transit if revenues of the system prove to be insufficient.
J. The municipality is authorized to enter into binding agreements with the United States or any of its officers or agencies, of [or] the state or any of its officers or agencies, or any combination of agencies, departments, or officers of both the United States and the state of New Mexico, for planning, developing, modernizing, studying, improving, financing, operating or otherwise affecting public transit, to accept any loans, grants or payments from such agencies, and to make any commitments or assume any obligations required by such agencies as a condition of receiving the benefits thereof.
History:
1953 Comp., § 14-53-4, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For condemnation proceedings,
see
42A-1-1 NMSA 1978 et seq.
More specific law governs municipal transit.
— When enforcement of this section and 65-2-1B NMSA 1978 (now repealed) would lead to a contradiction of home rule autonomy as guaranteed by N.M. Const., art. X, § 6, only this section, which is more specific in scope, will be enforced.
City of Albuquerque v. N.M. State Corp. Comm'n
, 1979-NMSC-095, 93 N.M. 719, 605 P.2d 227 (decided under prior law).
City cannot operate a statewide charter service.
1964 Op. Att'y Gen. No. 64-150.