reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-1 - [Governmental unit subject to act.]

This act [5-4-1 to 5-4-9 NMSA 1978] shall apply to all municipalities, counties and school districts of the state of New Mexico.
History:
1941 Comp., § 71-1001, enacted by Laws 1945, ch. 67, § 1; 1953 Comp., § 6-4-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of local government entity for injury resulting from use of outdoor playground equipment at municipally owned park or recreation area, 73 A.L.R.4th 496.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-2 - Dedication of lands and buildings as playgrounds and recreation centers.

The governing body of such municipality or county may dedicate and set apart for use as playgrounds, recreation centers, zoos and other recreation purposes, any lands or buildings, or both, owned or leased by such municipality or county, and not dedicated or devoted to another or inconsistent public use; and authorized or provided by law for the acquisition of lands or buildings for public purposes by such municipality or county, acquire or lease lands or buildings, or both, within or beyond the constituted limits of such municipality or county, for playgrounds, recreation centers, zoos and other public recreational purposes, and when the governing body of the city, town or county, so dedicates, sets apart, acquires or leases lands or buildings for such purposes, it may provide for their conduct, equipment and maintenance according to the provisions of this act [5-4-1 to 5-4-9 NMSA 1978], by making an appropriation from the general municipality or county funds.
History:
1941 Comp., § 71-1002, enacted by Laws 1945, ch. 67, § 2; 1953 Comp., § 6-4-2; Laws 1963, ch. 53, § 1.
ANNOTATIONS
Horse race not recreational purpose.
— Although persons may attend a horse race as a source of recreation, a horse race is not ordinarily attended for that primary purpose and does not normally constitute such an activity. It is not the same type of activity as is contemplated by the terms playground, zoo and recreational center and is not, therefore, a recreational purpose within the meaning of this section. 1967 Op. Att'y Gen. No. 67-136.
Neither is library.
— A library, being a place of study, of storing books and of recreational reading is not a "place of recreation". 1967 Op. Att'y Gen. No. 67-136.
Purchase of stock in corporation conducting recreational facility
is not within the provisions of this section. 1967 Op. Att'y Gen. No. 67-136.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 500; 59 Am. Jur. 2d Parks, Squares, and Playgrounds § 7.
Maintenance of auditorium, community recreational center, building or the like by municipal corporation as governmental or proprietary function for purposes of tort liability, 47 A.L.R.2d 544.
Power of municipal corporation to exchange its real property, 60 A.L.R.2d 220.
20 C.J.S. Counties § 147; 64 C.J.S. Municipal Corporations § 1557.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-3 - Establishing system of supervised recreation; powers of managing boards.

The governing body of any such municipality or county may establish a system of supervised recreation and it may, by resolution or ordinance, vest the power to provide, maintain and conduct playgrounds, recreation centers, zoos and other recreational activities and facilities in the school board, park board or other existing body or in a playground and recreation board as the governing body may determine. Such governing body or any board so designated shall have the power to maintain and equip playgrounds, recreation centers, zoos and buildings thereon, and it may, for the purpose of carrying out the provisions of this act [5-4-1 to 5-4-9 NMSA 1978], employ play leaders, playground directors, supervisors, recreation superintendents, zoo directors or such other officers or employees as they deem proper; make such expenditures therefor as the board shall deem necessary or advisable, from any fund provided for by said municipality or county, said expenditures not to exceed the amount of such appropriation. Such governing body may determine by ordinance or resolution the method by which zoo animals shall be obtained, traded, loaned, borrowed or disposed of, notwithstanding the provisions of Section 4 [5-4-4 NMSA 1978] of this act, or Sections 6-5-1 through 6-5-9, or Sections 14-47-1 through 14-47-12 NMSA 1953 [repealed].
History:
1941 Comp., § 71-1003, enacted by Laws 1945, ch. 67, § 3; 1953 Comp., § 6-4-3; Laws 1963, ch. 53, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Sections 14-47-1 to 14-47-12, 1953 Comp., referred to in this section, were repealed by Laws 1965, ch. 300, § 595. For present provisions,
see
3-54-1 to 3-54-3 NMSA 1978.
Sections 6-5-1 to 6-5-9, 1953 Comp., referred to in this section, were repealed by Laws 1967, ch. 250, § 20. For present provisions,
see
13-1-28 NMSA 1978 et seq.
Cross references.
— For creation of county and municipality recreational fund,
see
7-12-15 NMSA 1978.
Legislative intent.
— The legislature intended the municipality to have the exclusive control of the operation of premises, for the benefit of such municipality, although it may delegate this. 1967 Op. Att'y Gen. No. 67-136.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-4 - [Petition for establishment of a supervised recreational system; election.]

Whenever a petition signed by at least twenty-five percent (25%) of the qualified and registered voters in the municipality or county shall be filed in the office of the clerk of such municipality or county requesting the governing body of such municipality or county to provide, establish, maintain and conduct a supervised recreation system, it shall be the duty of the governing body of such municipality or county to cause the question petitioned for to be submitted to the voters at a special election to be held in such municipality or county within ninety days from the date of filing of such petition, which election shall be held as now provided by law for the holding of other such elections in municipalities or counties. Provided, that this section shall not limit the power of the governing body of such municipality or county to provide such facilities of its own motion.
History:
1941 Comp., § 71-1004, enacted by Laws 1945, ch. 67, § 4; 1953 Comp., § 6-4-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-5 - Establishment of joint recreational systems.

Any two or more municipalities or counties may jointly provide, establish, maintain and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers, zoos and other recreational facilities and activities. Any school board may join with any municipality or county in conducting and maintaining a recreational system, and may expend such funds as are included in its maintenance budget for such purpose.
History:
1941 Comp., § 71-1005, enacted by Laws 1945, ch. 67, § 5; 1953 Comp., § 6-4-5; Laws 1963, ch. 53, § 3.
ANNOTATIONS
Municipality may acquire property within boundaries of another,
with the consent of the second municipality. 1967 Op. Att'y Gen. No. 67-136.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-6 - Acceptance of grants and donations by supervisory boards; limitation.

A playground and recreation board or other authority in which is invested the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds, zoos or recreational purposes, but if the acceptance thereof for such purposes will subject such municipalities or counties to additional expense for improvement, maintenance or removal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of the municipality or county.
History:
1941 Comp., § 71-1006, enacted by Laws 1945, ch. 67, § 6; 1953 Comp., § 6-4-6; Laws 1963, ch. 53, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-7 - [Disposition of funds received by gift or bequest.]

Money received for such purpose, unless otherwise provided by the terms of the gift or bequest shall be deposited with the treasurer of such municipality or county, to the account of the playground and recreation board or commission or other body having charge of such work, and the same may be withdrawn and paid out by such body in the same manner as other money appropriated for recreation purposes.
History:
1941 Comp., § 71-1007, enacted by Laws 1945, ch. 67, § 7; 1953 Comp., § 6-4-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-8 - Power to issue bonds.

The governing body of any municipality is hereby authorized to issue and dispose of negotiable bonds thereof, subject to the limitation and in accordance with Article IX of the constitution, for the purpose of securing funds for the acquisition of lands or buildings for playgrounds, recreation centers, zoos and other recreational purposes and the equipment thereof, to the extent and in accordance with the provisions of Sections 14-40-16 through 14-40-21 NMSA 1953 [repealed].
History:
1941 Comp., § 71-1008, enacted by Laws 1945, ch. 67, § 8; 1953 Comp., § 6-4-8; Laws 1963, ch. 53, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Sections 14-40-16 to 14-40-21, NMSA 1953, referred to in this section, were repealed by Laws 1965, ch. 300, § 595. For present provisions,
see
3-30-5 to 3-30-9 NMSA 1978.
Counties have no inherent power to issue bonds,
and can do so only pursuant to statutory or constitutional authority. 1957 Op. Att'y Gen. No. 57-304.
School bonds legal where facilities attached to school grounds.
— A school district could legally issue bonds for playground and recreational facilities which are to constitute part of the school grounds, but not in event they are to be entirely separate therefrom. 1948 Op. Att'y Gen. No. 48-5127.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 C.J.S. Municipal Corporations § 1571 et seq.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-9 - [Payment of expenses incurred in equipping, operating and maintaining recreational facilities.]

All expenses incurred in the equipment, operation and maintenance of such recreational facilities and activities shall be paid from the treasuries of the respective municipality or county, and governing bodies of the same may annually appropriate, and cause to be raised by taxation, money for such purpose.
History:
1941 Comp., § 71-1009, enacted by Laws 1945, ch. 67, § 9; 1953 Comp., § 6-4-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-10 - Revenue bonds.

A. The governing body of any municipality or the board of county commissioners of any county may issue recreational revenue bonds, payable solely from the net income derived from the tax on cigarettes authorized by the Cigarette Tax Act [Chapter 7, Article 12 NMSA 1978] and distributed to the municipality or county from the county and municipality recreational fund, and may pledge irrevocably the payment of these revenue bonds from the net income distributed from the county and municipality recreational fund.
B. The proceeds received from the sale of revenue bonds authorized in this section shall be used solely for the purpose of acquiring, constructing, repairing, extending or improving recreational facilities within or without the municipality or county or for refunding recreational bonds payable from the tax on cigarettes as further provided in Section 5-4-11 NMSA 1978. Bonds for such recreational facilities purpose and for refunding may be combined as a single issue.
History:
1953 Comp., § 6-4-10, enacted by Laws 1965, ch. 88, § 1; 1969, ch. 23, § 1; 1975, ch. 226, § 1.
ANNOTATIONS
Cross references.
— For county and municipality recreational fund,
see
7-12-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-12 - Terms of bonds.

A. Recreational revenue bonds issued as authorized in Section 5-4-10 NMSA 1978 shall:
(1) bear interest at a net effective interest rate and a coupon rate or rates of not exceeding the maximum rates permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] and such interest shall be payable annually or semiannually;
(2) be serial in form and maturity or may consist of one bond payable one time or in installments;
(3) be numbered consecutively from one upward; and
(4) be sold for cash at a public or private sale.
B. Recreational revenue bonds may be payable at any time or times not exceeding twenty years from the date of the bonds.
History:
1953 Comp., § 6-4-11, enacted by Laws 1965, ch. 88, § 2; 1975, ch. 226, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Power of governmental unit to issue bonds as implying power to refund them, 1 A.L.R.2d 134.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-13 - Ordinance or resolution issuing bonds; validation.

At any regular or special meeting called for the purpose of issuing recreational revenue bonds, the governing body of the municipality or H-class county by ordinance, or board of county commissioners of a county, by resolution, each adopted by a two-thirds vote of all the members of the governing body or board of county commissioners, whichever is applicable, may issue recreational revenue bonds authorized in Section 5-4-10 NMSA 1978. The revenue bonds shall be:
A. signed by the presiding officer of the governing body of the municipality or board of county commissioners;
B. attested by the municipal clerk or county clerk;
C. validated by the seal of the municipality or county; or the revenue bonds may be authenticated as provided under the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978]; and
D. if such bonds bear coupons, the coupons shall bear the facsimile signature of the treasurer of the municipality or county.
History:
1953 Comp., § 6-4-12, enacted by Laws 1965, ch. 88, § 3; 1975, ch. 226, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-14 - Retirement of bonds only from cigarette tax proceeds; tax levy irrevocable.

A. Recreational revenue bonds issued under the authority of Sections 5-4-10 through 5-4-15 NMSA 1978 are:
(1) not general obligations of the municipality or county issuing them; and
(2) collectible only from the proportionate income distributed to the county or municipality from the county and municipality recreational fund, which distributions are pledged.
B. Each recreational revenue bond shall state that the bond is collectible solely from the proportionate income distributed from such county and municipality recreational fund which distributions are pledged. The bondholder may not look to any other fund for the payment of principal and interest of such bond.
C. If any recreational revenue bonds are issued under the provisions of Section 5-4-10 NMSA 1978, the law establishing the additional cigarette tax from which money is pledged for the payment of revenue bonds shall not be repealed and the amount of money so received shall not be decreased until the principal amount of the revenue bonds and their interest has been paid.
History:
1953 Comp., § 6-4-13, enacted by Laws 1965, ch. 88, § 4; 1975, ch, 226, § 5.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-15 - Proceeds not to be divested [diverted]; exclusions of this act.

A. Any person diverting or expending money received from the sale of recreational revenue bonds for any purpose other than those purposes authorized in Section 5-4-10 NMSA 1978, is guilty of a misdemeanor.
B. The provisions of Sections 5-4-10 through 5-4-15, 7-12-2, 7-12-6 and 7-12-14 [repealed] NMSA 1978 do not apply to any municipality that issued bonds pursuant to the authority granted by Chapter 151 [repealed] of the Laws of 1953 until the bonds have been fully paid.
History:
1953 Comp., § 6-4-14, enacted by Laws 1965, ch. 88, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Laws 1983, ch. 211, § 42 repealed 7-12-14 NMSA 1978, effective July 1, 1983. Chapter 151 of Laws 1953, referred to in Subsection B, was repealed by Laws 1965, ch. 300, § 595.
Compiler's notes.
— The words "this act" in the catchline to this section apparently refer to Laws 1965, ch. 88, compiled as 5-4-10, 5-4-12 to 5-4-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 4 - Playgrounds and Recreational Equipment › Section 5-4-16 - School districts; community recreational facilities.

A. A school district may construct, own or operate community recreational facilities within the school district. A school district may operate the community recreational facilities on land owned by the school district or on land acquired by the school district for the community recreational facilities.
B. A local school board of a school district may enter into agreements with any state or federal agency or department to obtain assistance in acquiring, constructing or operating community recreational facilities.
C. Local operational funds may not be expended to purchase land or construct buildings pursuant to this section except as provided in Section 22-8-41 NMSA 1978.
History:
1953 Comp., § 6-4-15, enacted by Laws 1967, ch. 233, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59 Am. Jur. 2d Parks, Squares, and Playgrounds § 1 et seq.; 68 Am. Jur. 2d Schools § 72.
78A C.J.S. Schools and School Districts § 522.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-1 - Short title.

This act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] shall be known as the "Joint City-County Building Law".
History:
1953 Comp., § 6-9-1, enacted by Laws 1959, ch. 300, § 1.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-2 - Legislative declaration.

It is hereby declared as a matter of legislative determination that providing counties and cities, towns and villages constituting county seats in the state of New Mexico with the purposes, powers and duties, rights, privileges and immunities provided in this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state of New Mexico; and that the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest and constitutes a part of the established and permanent policy of the state of New Mexico. For the accomplishment of these purposes the provisions of this law shall be broadly construed.
History:
1953 Comp., § 6-9-2, enacted by Laws 1959, ch. 300, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 491 et seq.
20 C.J.S. Counties § 145; 64 C.J.S. Municipal Corporations § 1541.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-4 - Jointly owned projects.

Any county and city shall have the power, if so authorized by a resolution adopted at any regular or special meeting by at least two-thirds of all commissioners and by an ordinance adopted at any regular or special meeting by at least three-fifths of all councilmen, to acquire a building or buildings and a site or sites therefor wholly within the county and wholly within the city.
History:
1953 Comp., § 6-9-4, enacted by Laws 1959, ch. 300, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-6 - Agreements between county and city.

A county and a city may from time to time enter into agreements, long terms and short terms, with each other concerning any project, including but not necessarily limited to agreements concerning any power granted to either or both by this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978], the exercise of such powers, and conditions and limitations thereupon, and including by way of example and not by limitation, a contract allocating a portion of any project to the exclusive use and control of any party thereto, a contract concerning the construction and equipment of a building, the plans and specifications therefor, and the work and materials incidental thereto, including the acquisition or improvement of the site therefor, or both, a contract for the ownership, care, custody, control, improvement, operation and maintenance of any project after its acquisition and for defraying expenses incurred therefor, a contract concerning the appointment of personnel therefor or providing for rules, regulations and orders for the use by the public and charges, if any, therefor, a contract for the allocation between the county and city of the total utilization of said building, the method of effecting such allocation, and delineating the rights, if any, of leasing any space in said building and its facilities, and a contract concerning the maintenance of records of and for any project.
History:
1953 Comp., § 6-9-6, enacted by Laws 1959, ch. 300, § 6.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-7 - Borrowing money and securities evidencing loans.

Any county and city shall each have the power, separately and severably from time to time to borrow money and issue the following securities to evidence such loans, to finance in whole or in part the cost of any project or any part thereof:
short-term notes;
general obligation bonds, maturing serially is [in] not to exceed thirty years from the date thereof; and
revenue bonds, maturing serially is [in] not to exceed forty years from the date thereof.
History:
1953 Comp., § 6-9-7, enacted by Laws 1959, ch. 300, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-8 - Short-term notes.

A municipality, upon the affirmative vote of at least two-thirds of the members of its governing body present and constituting a quorum, is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed. Such short-term notes shall be payable from the fund for which the money was borrowed; shall mature before the close of the fiscal year in which the money is so borrowed; and shall not be extended or funded except in compliance with the provisions of this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] concerning the issuance of general obligation bonds.
History:
1953 Comp., § 6-9-8, enacted by Laws 1959, ch. 300, § 8.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-9 - Limitations upon incurring debts.

No general obligation bonds or other evidences of indebtedness, the payment of which is secured wholly or in part by a pledge of any proceeds of general ad valorem property taxes or to which the full faith and credit of a municipality are pledged, shall be issued, except as follows:
A. a county shall so borrow money only for the purpose of erecting necessary public buildings in connection with any project, and in any such case only after the proposition to create such debt shall have been submitted at a general or special election to the qualified electors of the county and approved by a majority of those voting thereon;
B. a city shall so contract any such debt only by an ordinance that shall be irrepealable until the indebtedness therein provided for shall have been fully paid or discharged and that shall specify the purposes to which the funds to be raised shall be applied. No such debt shall be created unless the question of incurring the debt shall, at a regular election for councilmen or other officers of the city, have been submitted to a vote of the qualified electors thereof and a majority of those voting on the question shall have voted in favor of creating the debt; and
C. no municipality shall ever become indebted to an amount in the aggregate, including existing indebtedness, exceeding four percent on the value of the taxable property within the municipality as shown by the last preceding assessment for state or county taxes, but excluding debts contracted by a city for the construction or purchase of a system for supplying water or of a sewer system for the city; and all bonds or obligations issued in excess of that amount shall be void.
History:
1953 Comp., § 6-9-9, enacted by Laws 1959, ch. 300, § 9; 1977, ch. 28, § 2; 2019, ch. 212, § 191.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, deleted "registered" preceding "qualified elector" throughout the section.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-11 - Authorization of bonds.

A board by resolution or a council by ordinance shall authorize the issuance by the municipality, upon the affirmative vote of at least a majority of the members of the governing body present and constituting a quorum, of any general obligation bond series upon being authorized so to do by the electors of the municipality voting thereon, as provided in Chapter 5, Article 5 NMSA 1978 in detail, or the issuance by the municipality or county, upon the affirmative vote of at least two-thirds of the members of its governing body present and constituting a quorum, of any revenue bond series without necessarily being authorized at an election or by any other preliminaries.
History:
1953 Comp., § 6-9-11, enacted by Laws 1959, ch. 300, § 11; 1977, ch. 28, § 4; 1983, ch. 198, § 1.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-12 - Payment of bonds.

The principal of and interest on general obligation bonds herein authorized to be issued, and any prior redemption premium or premiums, shall be payable from the proceeds of general (ad valorem) property taxes levied without limitation as to rate or amount, except to the extent other revenues are made available therefor. The principal of and interest on revenue bonds herein authorized to be issued and any prior redemption premium or premiums shall be payable solely from the gross or net revenues derived from the operation of any project for the acquisition or improvement of which the bonds are issued, including without limiting the generality of the foregoing, revenues of a prior existing project which is improved by the expenditure of the bond proceeds, and revenues of improvements theretofore or thereafter acquired for such project which are not acquired by the expenditure of such bond proceeds, and from revenues and proceeds of any tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes which the municipality is empowered to fix, levy and collect (but excluding any general (ad valorem) property taxes), or any combination of such revenues and proceeds. Any such revenues or proceeds pledged directly or as additional security for the payment of bonds of any one issue or series which revenues are not exclusively pledged therefor may subsequently be pledged directly or as additional security for the payment of the bonds of one or more issues or series subsequently authorized. If more than one series of bonds shall be issued hereunder payable from the same revenues or proceeds, priority of lien thereof on such revenues shall depend on the provisions of the proceedings authorizing the issuance of such bonds, it being within the discretion of the governing body at the time it authorizes the first such series to provide that subsequent series of bonds payable from such revenues may not be issued, that subsequent series of bonds shall be subordinate as to lien or that subsequent series of bonds shall enjoy parity of lien if such conditions and restrictions as may be specified in such proceedings can be met. All bonds of the same issue or series shall be equally and ratably secured without priority by reason of number, date of maturity, date of bonds, of sale, of execution or of delivery, by a lien on said revenues and proceeds in accordance with the provisions of this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] and the proceedings authorizing said bonds, except to the extent the proceedings shall otherwise specifically provide. All bonds not issued payable solely from such revenues and proceeds shall be the general obligations of the municipality, and the full faith and credit of the municipality shall be pledged for the payment thereof.
History:
1953 Comp., § 6-9-12, enacted by Laws 1959, ch. 300, § 12.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-13 - Municipality's limited liability on bonds and recital therein.

Neither the governing body nor any person executing any bond authorized by this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] shall be liable personally thereon by reason of its issuance hereunder. Except for general obligation bonds, bonds issued pursuant to this act shall not be a debt, liability or general obligation of the municipality issuing them, and it shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment, nor shall the bonds be payable out of any funds other than the revenues and proceeds pledged to the payment thereof; and each such bond shall in substance so state. Such bonds shall not constitute a debt or indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the municipality, except for revenues and tax proceeds pledged for their payment. No property of the municipality, subject to said exceptions, shall be liable to be forfeited or taken in payment of the bonds.
History:
1953 Comp., § 6-9-13, enacted by Laws 1959, ch. 300, § 13.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-14 - Incontestable recital in bonds.

It may be provided in any proceedings authorizing any bonds hereunder that such bond shall recite that it is issued under authority of this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978]. Such recital shall conclusively impart full compliance with all of the provisions of this act, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
History:
1953 Comp., § 6-9-14, enacted by Laws 1959, ch. 300, § 14.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-15 - Form of bonds.

Any general obligations bonds or revenue bonds herein authorized to be issued shall bear such date or dates, shall be in such denomination or denominations, and shall mature serially, commencing not later than three years from the date therefrom, at times not exceeding the estimated life of the improvements acquired with the bond proceeds nor the maximum limitation stated in Section 7 [5-5-7 NMSA 1978] hereof, shall bear interest payable annually or semiannually, except that interest on any bond may be first payable for any period not in excess of one year, at such rate or rates not greater than six per centum per annum, shall be payable in such medium of payment at such place or places within or without the state and at the option of the governing body may be in one or more series, may be made subject to prior redemption in such order or by lot in advance of maturity at such time or times without or with the payment of such premium or premiums not exceeding six per centum of the principal amount of each bond redeemed, may provide for the payment of interest thereon from the proceeds thereof for a period not to exceed three years from the date thereof, may be issued with privileges for registration for payment as to principal and as to both principal and interest, or either, and generally shall be issued in such manner, in such form, either coupon or registered, carrying such conversion or registration privileges, with such recitals, terms, covenants and conditions and with such other details as may be provided by the governing body in the proceedings authorizing the bonds, except as herein otherwise provided. Pending preparations of the definite bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued. Except for payment provisions herein specifically provided, said bonds and any interest coupons thereto attached shall be fully negotiable and constitute negotiable instruments within the meaning of and for all the purposes of the Negotiable Instruments Law [repealed] as that law is now or may hereafter be in force in the state of New Mexico. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing to the satisfaction of the governing body:
A. proof of ownership;
B. proof of loss or destruction;
C. a surety bond in twice the face amount of the bond and coupons; and
D. payment of the cost of preparing and issuing the new bond.
History:
1953 Comp., § 6-9-15, enacted by Laws 1959, ch. 300, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The Negotiable Instruments Law was repealed by Laws 1961, ch. 96, § 10-102. For provisions relating to negotiable instruments under the Uniform Commercial Code,
see
55-3-101 to 55-3-605 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-16 - Alternate bond form.

Notwithstanding any other provision of law, the governing body may in any proceedings authorizing bonds hereunder provide for the initial issuance of one or more bonds (in this section called "bond") aggregating the amount of the entire issue and may make such provision for installment payments of the principal amount of any such bond as it may consider desirable and may provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. The governing body may further make provisions in any such resolution for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal or principal and interest.
History:
1953 Comp., § 6-9-16, enacted by Laws 1959, ch. 300, § 16.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-17 - Execution of bonds.

Any such general obligation bonds or revenue bonds shall be executed in the name of and on behalf of the municipality and signed by the chairman of the board, mayor of the city or other titular head of the municipality with its seal affixed thereto and attested by its clerk. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of said two officials. The bonds and coupons bearing the signatures of the officers in office at the time of the signing thereof shall be the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
History:
1953 Comp., § 6-9-17, enacted by Laws 1959, ch. 300, § 17.
ANNOTATIONS
Cross references.
— For facsimile signatures of public officers,
see
6-9-1 to 6-9-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-18 - Sale of bonds.

Any general obligation bonds or revenue bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest at a price which will not result in a net interest cost to the municipality of more than six per centum per annum computed to maturity according to standard tables of bond values. Nothing herein contained shall be construed as permitting the sale of bonds for other than lawful money of the United States of America.
History:
1953 Comp., § 6-9-18, enacted by Laws 1959, ch. 300, § 18.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-19 - Application of proceeds.

All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose (or purposes) for which issued, including without limiting the generality of the foregoing, the payment of preliminary expenses; provided, however, that any unexpended balance of such bond proceeds remaining after the completion of the acquisition of [or] improvement of the project or part thereof for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of said bonds and shall be used therefor. The validity of said bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued; and the purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
History:
1953 Comp., § 6-9-19, enacted by Laws 1959, ch. 300, § 19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-21 - Remedies of bondholders.

Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
A. by mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the municipality and its governing body and any of its officers, agents and employees and to require and compel the municipality or its governing body or any such officers, agents or employees to perform and carry out its and their duties, obligations or other commitments under this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] and its and their covenants and agreements with the bondholders;
B. by action or suit in equity to require the municipality and its governing body to account as if they were the trustee of an express trust;
C. by action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any project revenues from which are pledged for the payment of the bonds, prescribe sufficient tolls, fees, rates, rentals, charges and excise taxes or quasi-excise taxes, and collect, receive and apply all revenues or other moneys pledged for the payment of the bonds in the same manner as the municipality itself might do;
D. by action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and
E. bring suit upon the bonds.
No right or remedy conferred by this act upon any holder of bonds or any trustee therefor is intended to be exclusive of other right or remedy but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this act or by any other law. The failure of any bondholder so to proceed as herein provided shall not relieve the municipality, its governing body or any of its officers, agents and employees of any liability for failure to perform or carry out any duty, obligation or other commitment.
History:
1953 Comp., § 6-9-21, enacted by Laws 1959, ch. 300, § 21.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-22 - Publication of authorizing proceedings; effect; right to contest legality; time limitation.

The governing body may provide for the publication once in a newspaper of general circulation in the municipality of any proceedings adopted by the governing body ordering the issuance of any bonds. For a period of thirty days after the date of such publication, any person in interest shall have the right to contest the legality of any bond which may be authorized thereby (except for any bond delivered for value, containing a recital therein that it is issued under authority of this act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] and thus being incontestable for any cause whatsoever, as herein provided), and of the provisions made for the security and payment of any such bonds and of any other provisions in such proceedings; and after the expiration of such thirty-day period no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.
History:
1953 Comp., § 6-9-22, enacted by Laws 1959, ch. 300, § 22.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-23 - Revenue bond charges.

Whenever revenue bonds are issued hereunder, it shall be the duty of the governing body to impose, in connection with the revenues and proceeds pledged for their payment, tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes fully sufficient to pay the principal of and interest on the bonds, and to carry out all commitments made in the proceedings authorizing their issuance.
History:
1953 Comp., § 6-9-23, enacted by Laws 1959, ch. 300, § 23.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-24 - Pledging of occupation taxes.

Occupation taxes authorized by Section 3-38-3 NMSA 1978 may be pledged for the retirement of revenue bonds issued pursuant to the Joint City-County Building Law.
History:
1953 Comp., § 6-9-23.1, enacted by Laws 1965, ch. 90, § 1.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-25 - Exemption from taxation.

Bonds issued by any municipality pursuant hereto and the income therefrom shall at all times be free from taxation by the state of New Mexico and any subdivision thereof, except for any estate, inheritance and transfer taxes.
History:
1953 Comp., § 6-9-24, enacted by Laws 1959, ch. 300, § 24.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-26 - Sufficiency of act.

This act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978], without reference to other statutes of the state except as herein otherwise specifically provided or necessarily implied, shall constitute full authority for the acquisition, improvement, operation and maintenance of any project and the borrowing of money and the authorization and issuance of bonds hereunder. No other act or law with regard to said purposes that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other act or law.
History:
1953 Comp., § 6-9-25, enacted by Laws 1959, ch. 300, § 25.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 5 - Joint City-County Building › Section 5-5-27 - Liberal construction.

This act [5-5-1 to 5-5-23, 5-5-25 to 5-5-27 NMSA 1978] being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
History:
1953 Comp., § 6-9-26, enacted by Laws 1959, ch. 300, § 26.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 6 - Dances (Repealed.) › Section 5-6-1 to 5-6-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 181, § 1 repealed 5-6-1 through 5-6-5 NMSA 1978, as enacted by Laws 1861, p. 30, §§ 1 and 2, Laws 1869, ch. 32, §§ 14 and 15, and Laws 1963, ch. 142, § 1, regulating dances, effective June 18, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 7 - Fire District Bonds › Section 5-7-2 - Definitions.

As used in the Fire District Bond Act:
A. "fire district bonds" means the bonds authorized in the Fire District Bond Act;
B. "governing body" means the board of county commissioners of a county or the city council, city commission or board of trustees of a municipality;
C. "pledged revenues" means the revenues, net income or net revenues authorized to be pledged to the payment of particular bonds as specifically provided in Section 3 [5-7-3 NMSA 1978] of the Fire District Bond Act; and
D. "project revenues" means the net revenues of the fire district as well as revenues received by the fire district from the fire protection fund as provided in Sections 59-15-1 through 59-15-18 NMSA 1978 [repealed], which may be pledged to fire district bonds pursuant to Subsection B of Section 3 of the Fire District Bond Act.
History:
Laws 1983, ch. 162, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Sections 59-15-1 through 59-15-18 NMSA 1978, relating to the fire protection fund, were repealed by Laws 1984, ch. 127, § 997. For present comparable provisions,
see
Chapter 59A, Article 53 NMSA 1978.