reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-5 - Irrigation of trees and shrubs; assessment of cost against abutting property; manner of making assessment; lien; irrigation of private property; annual charge; payment in advance.

A. If the governing body determines it is necessary to procure water for the benefit of the shade or ornamental trees in the streets and public grounds within the municipality, the governing body may:
(1) procure water from any available source at the lowest price for which the water may be obtained; and
(2) construct irrigation ditches, laterals, headgates and other works for properly and economically conducting the water to the streets and public grounds for the benefit of the shade and ornamental trees.
B. On or before the first Monday in April of each year, the governing body by resolution shall for the ensuing calendar year:
(1) determine what streets, parts of streets and public grounds shall be irrigated;
(2) estimate the expense of irrigating the shade and ornamental trees which shall include the cost of water, constructing ditches and laterals, keeping the ditches and laterals in repair, and delivering the water throughout the irrigation system; and
(3) equitably assess each tract or parcel of land along, by or in front of which a ditch or lateral runs and conducts water, its proportion cost of the total estimated expense according to the length of the row of trees along the streets contiguous to the lots or tracts of lands.
C. The resolution shall further provide for the manner of giving notice of the assessment and when the assessment is due and payable.
D. If the owner or agent of the tract or parcel of land assessed as provided in this section fails to pay the assessment within the time provided by the resolution required in this section and after notice is given to the owner or agent of the tract or parcel of land assessed, the assessment becomes a lien against the tract or parcel of land so assessed and shall be enforced as provided in Sections 3-36-1 through 3-36-5 NMSA 1978.
E. On or before the first Monday in April of each year, the governing body may establish a charge in addition to the assessment provided for in this section for furnishing water to any tract or parcel of land privately owned within the municipality for irrigation purposes but no water shall be delivered to a tract or parcel of land until the annual charge has been paid in advance.
F. The governing body may by ordinance adopt regulations preventing the waste or excess use of water.
History:
1953 Comp., § 14-54-5, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595.
63 C.J.S. Municipal Corporations § 1320.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 54 - Sale or Lease of Property › Section 3-54-3 - Supplemental method for disposing of municipal property.

Sections 3-54-1 and 3-54-2 NMSA 1978 are intended to afford another and additional method of disposing of municipal real and personal property and are not to be construed as repealing or qualifying any other statutory authorization granted a municipality to dispose of or exchange real or personal municipal property or as affecting in any way the sale, lease, exchange or other disposition of real or personal property pursuant to the Local Economic Development Act [Chapter 5, Article 10 NMSA 1978].
History:
1953 Comp., § 14-55-3, enacted by Laws 1965, ch. 300; 1993, ch. 297, § 15.
ANNOTATIONS
The 1993 amendment,
effective upon certification by the secretary of state that Article 9, Section 14 of the constitution of New Mexico has been amended as proposed by a joint resolution of the forty-first legislature, first session (Laws 1993, H.J.R. No. 12), substituted "3-54-1 and 3-54-2 NMSA 1978" for "14-55-1 and 14-55-2 New Mexico Statutes Annotated, 1953 Compilation", inserted "of" following "dispose", and inserted the language beginning "or as affecting". The secretary of state certified the constitutional amendment on November 29, 1994.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 55 - Unclaimed Property (Repealed.) › Section 3-55-1 to 3-55-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 50, § 4, repealed 3-55-1 to 3-55-3 NMSA 1978, relating to inventory of unclaimed property, authority to sell unclaimed property and notice of sale, and proceeds of sale of unclaimed property and vesting of title to property in the purchaser, respectively, effective March 19, 1983. For present provisions,
see
29-1-13 to 29-1-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-1 - Short title.

This act [3-56-1 to 3-56-9 NMSA 1978] may be cited as the "Regional Planning Act."
History:
1953 Comp., § 14-57-1, enacted by Laws 1967, ch. 239, § 1.
ANNOTATIONS
Cross references.
— For municipal planning,
see
3-19-1 NMSA 1978 et seq.
For the Planning District Act,
see
4-58-1 NMSA 1978 et seq.
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 4, 10 to 16, 23, 25, 28.
Outside municipal limits, validity, construction, and application of statutes, and regulations adopted thereunder, regarding county planning or zoning, or planning or zoning in territory outside municipal limits, 131 A.L.R. 1055.
62 C.J.S. Municipal Corporations § 83; 101A C.J.S. Zoning §§ 9, 10, 29, 177 to 179.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-2 - Creation of regional planning commission.

A. A regional planning commission may be established as follows:
(1) two or more municipalities, two or more adjacent counties, or one or more counties and a municipality or municipalities within or adjacent to the county or counties may, by agreement among their respective governing bodies, create a regional planning commission, if:
(a) the municipality having the greatest population within the regional planning area is a party to the agreement; and
(b) the number of counties and municipalities party to the agreement equals all of the total number of counties and municipalities within the region. The agreement shall be effected through the adoption by each governing body concerned, acting individually, of an appropriate resolution. A copy of the agreement shall be filed with the local government division and the secretary of the department of finance and administration; or
(2) any municipality or county may, by legislative action of its governing body, delegate any or all of its planning powers and functions to a regional planning commission, or a county and one or more municipalities may merge their respective planning powers and functions into a planning commission in accordance with the provisions of the Regional Planning Act.
B. Any additional county, municipality or school district within the regional planning area may become party to the agreement upon request of the regional planning commission.
History:
1953 Comp., § 14-57-2, enacted by Laws 1967, ch. 239, § 2; 1983, ch. 296, § 11.
ANNOTATIONS
Cross references.
— For county planning commissions,
see
4-57-1 to 4-57-3 NMSA 1978.
Law reviews.
— For note, "County Regulation of Land Use and Development,"
see
9 Nat. Resources J. 266 (1969).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-3 - Membership and organization.

A. Membership of the regional planning commission shall consist of representatives from each participating government, in number and for terms specified in the agreement. Representatives are not required to be members of the local governing body or district they represent but may be selected from among residents of the area within its jurisdiction. A representative of the state government may be designated by the governor to attend meetings of the commission.
B. Members of the commission shall serve without compensation, but shall be reimbursed for expenses incurred in pursuit of their duties on the commission pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The commission shall elect its own chairman from among its members, and shall establish its own rules and the committees it deems necessary to carry on its work. Committees may have as members persons other than members of the commission and other than elected officials. The commission shall meet as often as necessary but no less than four times a year.
C. The commission shall adopt an annual budget to be submitted to the participating governments which shall each contribute to the financing of the commission according to a formula specified in the agreement. Subject to approval of the secretary of the department of finance and administration, a regional planning commission may apply for, receive and utilize grants or other aid from the federal government or any of its agencies or from any other source.
History:
1953 Comp., § 14-57-3, enacted by Laws 1967, ch. 239, § 3; 1977, ch. 247, § 142; 1983, ch. 296, § 12.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-4 - Staff.

The regional planning commission shall appoint a director qualified by training and experience who serves at the pleasure of the commission. The director is the chief administrative and planning officer and regular technical adviser of the commission, and shall appoint and remove the staff of the commission. The director may make agreements with local planning agencies within the jurisdiction of the commission for temporary transfer or joint use of staff employees and may contract for professional or consultant services from other governmental and private agencies.
History:
1953 Comp., § 14-57-4, enacted by Laws 1967, ch. 239, § 4.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-6 - Implementation of regional plans.

All comprehensive regional plans, as well as subdivisions and platting regulations, shall be approved by the regional planning commission after public hearing and certified by the commission to all local governments and special districts within the region. Notice of the public hearing by the regional planning commission shall be published in a newspaper or newspapers of general circulation within the region, not more than fifteen nor less than ten days before the date set for the public hearing. Parties to the agreement shall be the constituent agencies for implementing the plan.
History:
1953 Comp., § 14-57-6, enacted by Laws 1967, ch. 239, § 6.
ANNOTATIONS
Law reviews.
— For note, "County Regulation of Land Use and Development,"
see
9 Nat. Resources J. 266 (1969).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-7 - Termination of membership.

Any governmental member of the commission may terminate its membership after giving not less than ninety days' notice in writing of its intention to withdraw. The notice shall be served upon the chairman of the commission personally or by mail. The ninety-day period begins to run from the date the notice is received by the chairman. The withdrawal of a member does not abrogate or impair any contract or commitment previously made by the withdrawing governmental agency for the fiscal year.
History:
1953 Comp., § 14-57-7, enacted by Laws 1967, ch. 239, § 7.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-8 - Cooperation.

Any local government or special district within the region may, and all participating local governments and special districts shall, file with the regional planning commission all current and proposed plans, zoning ordinances, official maps, building codes, subdivision regulations and project plans for capital facilities and amendments and revisions of any of them as well as copies of their regular and special reports dealing with planning matters. Each governmental unit within the geographic area over which a regional planning commission has jurisdiction shall give the commission a reasonable opportunity to comment upon any proposed plans, zoning, subdivision and platting ordinances, regulations and capital facilities projects and shall consider any comments prior to adopting the plan, ordinance, regulation or project. By appropriate revision of an agreement, the parties may require that, as a condition precedent to their adoption, any or all proposed plans, zoning, subdivision and platting ordinances, regulations and capital facilities projects of their respective jurisdictions be determined by the regional planning commission to be in conformity with the relevant plan of the commission. The sole power to adopt proposed plans, ordinances, regulations or projects remains with the local governing body or special district proposing them.
History:
1953 Comp., § 14-57-8, enacted by Laws 1967, ch. 239, § 8.
ANNOTATIONS
Law reviews.
— For note, "County Regulation of Land Use and Development,"
see
9 Nat. Resources J. 266 (1969).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 56 - Regional Planning › Section 3-56-9 - Annual report [of commission].

The regional planning commission shall submit an annual report to the chief executive officers, legislative bodies and planning agencies of all local governments within the region and to the governor.
History:
1953 Comp., § 14-57-9, enacted by Laws 1967, ch. 239, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
Severability.
— Laws 1967, ch. 239, § 10, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-1 - Short title.

This act [3-57-1 to 3-57-9 NMSA 1978] may be cited as the "Metropolitan Boundary Act for Class A Counties."
History:
1953 Comp., § 14-58-1, enacted by Laws 1967, ch. 248, § 1.
ANNOTATIONS
Cross references.
— For classification of "A" class counties for salary purposes,
see
4-44-1 NMSA 1978.
Law reviews.
— For comment, "Deannexation: A proposed statute,"
see
20 N.M.L. Rev. 713 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 55 et seq.
Capacity to attack the fixing or extension of municipal limits or boundary, 13 A.L.R.2d 1279, 17 A.L.R.5th 195.
Right of one governmental subdivision to challenge annexation proceedings by another such subdivision, 17 A.L.R.5th 195.
62 C.J.S. Municipal Corporations §§ 42 to 46, 50 to 64, 70 to 79.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-2 - Purpose of act.

The purpose of this act [3-57-1 to 3-57-9 NMSA 1978] is to provide for the orderly extension of municipal boundaries, to control the formation of new local public bodies, and to minimize the overlapping of a [sic] local governmental services, within class A counties.
History:
1953 Comp., § 14-58-2, enacted by Laws 1967, ch. 248, § 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 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-3 - Definitions.

As used in the Metropolitan Boundary Act for Class A Counties:
A. "county" means the county in which the municipality or land is situated;
B. "district court" means the district court of the district in which the municipality or land is situated;
C. "local public body" means every political subdivision of the state which is empowered to receive or expend public money from whatever source derived;
D. "publish" or "publication" means printing in a newspaper which maintains an office in the county and is of general circulation within the county; and
E. "municipality" means all municipalities having a population over one hundred thousand and located within a class A county, but only as to that land located within a conservancy district.
History:
1953 Comp., § 14-58-3, enacted by Laws 1967, ch. 248, § 3; 1976 (S.S.), ch. 4, § 1; 1979, ch. 159, § 2.
ANNOTATIONS
Law reviews.
— For note, "County Regulation of Land Use and Development,"
see
9 Nat. Resources J. 266 (1969).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-4 - Methods of annexation.

There shall be two methods of annexing territory to a municipality within class A counties:
A. by petition to a municipality as provided by Section 3-57-5 NMSA 1978 or, if the municipality has over two hundred thousand persons, as provided by Section 3-7-17.1 NMSA 1978; and
B. by petition to the district court as provided by Sections 3-57-6 through 3-57-8 NMSA 1978.
Any other method provided by the Municipal Code or any other act shall have no application within class A counties.
History:
1953 Comp., § 14-58-4, enacted by Laws 1967, ch. 248, § 4; 1976 (S.S.), ch. 4, § 2; 1998, ch. 42, § 6.
ANNOTATIONS
The 1998 amendment,
effective May 20, 1998, rewrote Subsection A and substituted "3-57-6 through 3-57-8 NMSA 1978" for "14-58-6 through 14-58-8 NMSA 1953" in Subsection B.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-5 - Annexation by petition to municipality.

A. Whenever a petition:
(1) seeks the annexation of territory to a municipality in a class A county;
(2) is signed by the owners of a majority of the number of acres in such territory;
(3) is signed by a majority of the owners of land in such territory;
(4) is accompanied by a map which shall show the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality; and
(5) is presented to the governing body of such municipality, the governing body shall by ordinance express its consent or rejection to the annexation of such territory.
B. If the ordinance consents to the annexation of the territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk.
C. Within thirty days after the filing of a copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within thirty days after the filing of the ordinance in the office of the county clerk, or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete.
History:
1953 Comp., § 14-58-5, enacted by Laws 1967, ch. 248, § 5.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-6 - Petition to district court.

Whenever a petition is filed in the district court which:
A. seeks the annexation of territory to a municipality in a class A county;
B. is signed by an owner of land in such territory or by the authorized agent of any local public body;
C. is accompanied by a map which shall show the external boundary of the territory proposed to be annexed and the relationship of such territory to the existing boundary of the municipality;
D. names as respondents the county and the board of county commissioners of the county;
E. states that there exists in such territory a particular hazard to the health of persons residing within or without such territory; and
F. alleges that such hazard would be removed or materially alleviated by such municipality upon annexation, and that no other adequate and speedy remedy for the removal or material alleviation of such hazard is available, the district court shall set a date for a nonjury trial to consider the merits of such petition.
History:
1953 Comp., § 14-58-6, enacted by Laws 1967, ch. 248, § 6.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-7 - [Petition to district court;] service and publication of notice.

A copy of the petition and the order setting the petition down for hearing shall be served upon the county and each county commissioner, upon the clerk of the municipality, and published once a week for three weeks. Service shall be completed, and the first publication made, not more than sixty days nor less than thirty days prior to the date set for hearing.
History:
1953 Comp., § 14-58-7, enacted by Laws 1967, ch. 248, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-8 - Trial and judgment.

The municipality and any owner of real property in such territory may appear in such action and present evidence and argument on all issues involved. During the trial, the district court may take notice of generally recognized technical or scientific facts within the specialized knowledge of physicians and other persons qualified as experts in the field of public health. The judgment of the district court shall state whether all, a part or none of such territory shall be annexed to the municipality. Upon the filing of a copy of a judgment annexing territory in the office of the county clerk, the annexation shall be deemed complete. Except as inconsistent herewith, the Rules of Civil Procedure for the district courts, the court of appeals, and the supreme court shall apply to all actions under Sections 6, 7, and 8 of this act [3-57-6, 3-57-7 and 3-57-8 NMSA 1978].
History:
1953 Comp., § 14-58-8, enacted by Laws 1967, ch. 248, § 8.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 57 - Metropolitan Boundaries for Class A Counties › Section 3-57-9 - Formation of local public bodies.

No local public body shall be organized within a five-mile radius of the corporate limits of the municipality having the greatest number of inhabitants in a class A county, unless the governing body of such municipality consents thereto. No local public body shall be organized beyond such five-mile radius in a class A county, unless the governing body of such county consents thereto. As a condition to granting such consent, such governing body may require such new local public body to comply with all master plans and all design and construction criteria for public improvements adopted by ordinance by such governing body.
History:
1953 Comp., § 14-58-14, enacted by Laws 1967, ch. 248, § 14.
ANNOTATIONS
Severability.
— Laws 1967, ch. 248, § 15, provided for the severability of the act if any part or application thereof is held invalid.
Law reviews.
— For note, "County Regulation of Land Use and Development,"
see
9 Nat. Resources J. 266 (1969).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 58 - Economic Development Promotion › Section 3-58-1 - Short title.

This act [3-58-1 and 3-58-2 NMSA 1978] may be cited as the "Economic Development Promotion Act."
History:
1953 Comp., § 14-59-1, enacted by Laws 1968, ch. 68, § 1.
ANNOTATIONS
Cross references.
— For aid to private enterprise,
see
N.M. Const., art. IX, § 14.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 58 - Economic Development Promotion › Section 3-58-2 - Authority to utilize revenues.

The governing board of any municipality or county may budget and utilize revenues for economic development promotion only upon approval by a majority of all of the members of the governing board.
History:
1953 Comp., § 14-59-2, enacted by Laws 1968, ch. 68, § 2; 1981, ch. 80, § 1.
ANNOTATIONS
Cross references.
— For Community Development Law,
see
3-60-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 205.
64 C.J.S. Municipal Corporations § 1845.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-1 - Short title.

This act [3-59-1 to 3-59-14 NMSA 1978] may be cited as the "Pollution Control Revenue Bond Act."
History:
1953 Comp., § 14-60-1, enacted by Laws 1973, ch. 397, § 1.
ANNOTATIONS
Cross references.
— For pollution control,
see
N.M. Const., art. XX, § 21.
Law reviews.
— For article, "The New Mexico Solid Waste Act: A Beginning for Control of Municipal Solid Waste in the Land of Enchantment",
see
21 N.M.L. Rev. 167 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 1 et seq.; 64 Am. Jur. 2d Public Securities and Obligations §§ 78 to 80, 94 et seq.
39A Health and Environment §§ 115 to 157; 64 C.J.S. Municipal Corporations § 1902 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-2 - Pollution Control Revenue Bond Act; definitions.

Wherever used in the Pollution Control Revenue Bond Act, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations:
A. "municipality" means any incorporated municipality in New Mexico;
B. "project" means any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment or any combination thereof, or any interest in any one or more of the foregoing, whether or not presently in existence or under construction, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, substantially for the reduction, abatement or prevention of pollution, including, but not limited to, the removal of pollutants, contaminants or foreign substances from land, air or water, or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used;
C. "governing body" means the board or body in which the legislative powers of the municipality are vested;
D. "property" means any land, improvements thereon, buildings and any improvements thereto, machinery and equipment of any and all kinds, whether or not presently in existence or under construction, necessary to the project or projects or substantially related to the project or projects, operating capital and any other personal properties deemed necessary or substantially related to the project or projects, in connection with the said project or projects;
E. "mortgage" means a mortgage or a mortgage and deed of trust, or the pledge and hypothecation of any assets as collateral security; and
F. "pollution" means any form of environmental pollution including, but not limited to, water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination or noise pollution.
History:
1953 Comp., § 14-60-2, enacted by Laws 1973, ch. 397, § 2; 1977, ch. 312, § 1.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-3 - Legislative intent.

It is the intent of the legislature by the passage of the Pollution Control Revenue Bond Act to authorize municipalities to acquire, own, lease or sell projects for the purpose of reducing, abating or preventing pollution, including, but not limited to, removing pollutants, contaminants or foreign substances from land, air or water, or removing or treating any substance in a processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and its habitat and wildlife, with the resultant higher level of employment and economic activity and stability. It is not intended hereby to authorize any municipality itself to operate any manufacturing, industrial or commercial enterprise. The provisions of the Pollution Control Revenue Bond Act shall be liberally construed in conformity with this intent.
History:
1953 Comp., § 14-60-3, enacted by Laws 1973, ch. 397, § 3; 1977, ch. 312, § 2.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-4 - Additional powers conferred on municipalities.

In addition to any other powers which it may now have, each municipality shall have the following powers:
A. to acquire, whether by construction, purchase, gift or lease, one or more projects which shall be located within this state and which may be located within or without the municipality, or partially within or partially without the municipality, but which shall not be located more than fifteen miles outside of the corporate limits of the municipality, unless there is no municipality within fifteen miles of the project, in which case any municipality in the county in which the project or projects are or may be located shall have the additional powers referred to in this section;
B. to sell or lease or otherwise dispose of any or all of its projects upon such terms and conditions as the governing body may deem advisable and as shall not conflict with the provisions of the Pollution Control Revenue Bond Act ; and
C. to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, reconstructing, improving, maintaining, equipping, or furnishing any project or projects and to secure the payment of such bonds, all as hereinafter provided. No municipality shall have the power to operate any project as a business or in any manner except as lessor thereof or seller thereof under an agreement of sale.
History:
1953 Comp., § 14-60-4, enacted by Laws 1973, ch. 397, § 4; 1977, ch. 312, § 3.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-5 - Bonds issued to finance projects.

Bonds issued by a municipality under authority of the Pollution Control Revenue Bond Act shall not be the general obligation of the municipality within the meaning of Article 9, Sections 12 and 13 of the constitution of New Mexico. The bonds shall be payable solely out of the revenue derived from the project or from the sale or lease of the project to finance which the bonds are issued. Bonds and interest coupons issued under authority of the Pollution Control Revenue Bond Act shall never constitute an indebtedness of the municipality within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. The bonds may be executed and delivered at any time and from time to time, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding thirty years from their date, may be payable at such place or places, may bear interest payable at such place or places and evidenced in such manner and may contain such provisions not inconsistent with the Pollution Control Revenue Bond Act, all as shall be provided in the ordinance and proceedings of the governing body whereunder the bonds shall be authorized to be issued. Said bonds may bear interest at such rate or rates as shall be provided, or determined in the manner provided, in said ordinance and proceedings. Any bonds issued under the authority of the Pollution Control Revenue Bond Act may be sold at public or private sale in such manner and from time to time as may be determined by the governing body to be most advantageous, and the municipality may pay all expenses, attorneys', engineering and architects' fees and premiums and commissions which the governing body may deem necessary or advantageous in connection with the authorization, sale and issuance of the bonds. All bonds issued under the authority of the Pollution Control Revenue Bond Act and all interest coupons applicable to the bonds shall be construed to be negotiable.
History:
1953 Comp., § 14-60-5, enacted by Laws 1973, ch. 397, § 5; 1977, ch. 312, § 4; 1983, ch. 114, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1983, ch. 114, § 3, provided that any action heretofore taken by any municipality which would have been valid if the act were in full force and effect when such action was taken is hereby valid.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-6 - Security for bonds.

The principal of and interest on any bonds issued under the authority of the Pollution Control Revenue Bond Act shall be secured by a pledge of the revenues out of which such bonds shall be made payable, may be secured by a mortgage covering all or any part of the project or projects from which the revenues so pledged may be derived and may be secured by a pledge of the lease or the agreement of sale of such project or projects. The ordinance and proceedings under which such bonds are authorized to be issued or any such mortgage may contain other agreements and provisions including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of all revenues from any project or projects covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project or projects, the maintenance and insurance of such project or projects, the creation and maintenance of special funds from the revenues from such project or projects and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the governing body shall deem advisable and as shall not be in conflict with the provisions of the Pollution Control Revenue Bond Act; provided, that in making any such agreements or provisions, a municipality shall not have the power to obligate itself except with respect to the project or projects and the application of the revenues therefrom and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The ordinance and proceedings authorizing any bonds hereunder and any mortgage securing such bonds may provide the procedure and remedies in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement. No breach of any such agreement shall impose any pecuniary liability upon a municipality or any charge upon its general credit or against its taxing powers.
History:
1953 Comp., § 14-60-6, enacted by Laws 1973, ch. 397, § 6; 1977, ch. 312, § 5.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-7 - Requirements respecting lease, or agreement of sale.

Prior to the leasing, selling or other disposition of any project or projects, the governing body must determine and find the following:
A. the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance part or all of the cost of such project or projects; and
B. the amount necessary to be paid each year into any reserve fund which the governing body may deem it advisable to establish in connection with the retirement of the proposed bonds and maintenance of the project or projects; and in the case of an agreement of lease or sale unless the terms under which each such project is to be leased or sold provide that the lessee or the purchaser shall maintain the project or projects and carry all proper insurance with respect thereto, the estimated cost of maintaining the project or projects in good repair and keeping it or them properly insured. The determinations and findings of the governing body required to be made in the preceding sentence shall be made and set forth either in an ordinance or, if authorized by ordinance, in a resolution constituting part of the proceedings under which the proposed bonds are to be issued; and prior to the issuance of such bonds, the municipality shall lease or sell the project or projects to a lessee or purchaser under an agreement conditioned upon completion of the project or projects and providing for payment to the municipality of such rentals or payments, as upon the basis of such determinations and findings, will be sufficient:
(1) to pay the principal of and interest on the bonds issued to finance the project or projects;
(2) to build up and maintain any reserve deemed by the governing body to be advisable in connection therewith; and
(3) to pay the costs of maintaining the project or projects in good repair and keeping it or them properly insured, unless the agreement of lease or sale obligates the lessee or purchaser to pay for the maintenance and insurance of the project or projects.
History:
1953 Comp., § 14-60-7, enacted by Laws 1973, ch. 397, § 7; 1977, ch. 312, § 6.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-9 - Use of proceeds from sale of bonds.

The proceeds from the sale of any bonds issued under authority of the Pollution Control Revenue Bond Act shall be applied only for the purpose for which the bonds were issued; provided, that any accrued interest and premiums received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided further, that if for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such balance of the proceeds shall be applied to the payment of the principal of or the redemption premium, if any, and interest on the bonds, and provided further, that any portion of the proceeds from the sale of the bonds, including refunding bonds, or any accrued interest and premium, received in any such sale, may, in the event the money currently will not be needed or cannot be effectively used to the advantage of the municipality for the purposes herein provided, be invested, in accordance with the procedures and subject to any restrictions established by the ordinance and other proceedings under which the bonds are issued, in any securities without limitation except as expressly provided to the contrary in Section 3-59-8 NMSA 1978, if such investment will not interfere with the use of such funds for the primary purposes as herein provided. The cost of acquiring any project or projects shall be deemed to include the following:
A. the actual cost of the construction of any part of a project or projects which shall be constructed, including architects', attorneys' and engineers' fees;
B. the purchase price of any part of a project or projects that may be acquired by purchase;
C. the actual cost of the extension of any utility to the project site or sites, all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and
D. the interest on any bonds issued by the same municipality for the same or any other project or projects for a reasonable time prior to construction, during construction and for not exceeding six months after completion of construction.
History:
1953 Comp., § 14-60-9, enacted by Laws 1973, ch. 397, § 9; 1977, ch. 312, § 8; 1978, ch. 181, § 18.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-10 - No contribution by municipality.

No municipality shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and shall not have the power to use land already owned by the municipality, or in which the municipality has an equity, for construction thereon of a project or any part thereof, unless the municipality is fully reimbursed for the value of the land as may be determined by a current appraisal, or unless the city leases the land at an annual rental fee of not less than five percent of the appraised value. The entire cost of acquiring any project must be paid out of the proceeds from the sale of bonds issued under the authority of the Pollution Control Revenue Bond Act; provided, that this provision shall not be construed to prevent a municipality from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project.
History:
1953 Comp., § 14-60-10, enacted by Laws 1973, ch. 397, § 10.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-11 - Bonds made legal investments.

Bonds issued under the provisions of the Pollution Control Revenue Bond Act shall be legal investments for savings banks and insurance companies organized under the laws of this state and shall be eligible for pledging as collateral for public deposits.
History:
1953 Comp., § 14-60-11, enacted by Laws 1973, ch. 397, § 11.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-12 - Exemption from taxation.

The bonds authorized by the Pollution Control Revenue Bond Act and the income from said bonds, all mortgages or other security instrument executed as security for said bonds, all lease agreements made pursuant to the provisions hereof and revenue derived from any lease or sale by the municipality thereof shall be exempt from all taxation by New Mexico or any subdivision thereof.
History:
1953 Comp., § 14-60-12, enacted by Laws 1973, ch. 397, § 12.
ANNOTATIONS
Cross references.
— For property tax exemption,
see
7-36-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-13 - Construction of act.

Neither the Pollution Control Revenue Bond Act nor anything herein contained shall be construed as a restriction or limitation upon any powers which a municipality might otherwise have under any laws of this state, but shall be construed as cumulative; and the Pollution Control Revenue Bond Act shall not be construed as requiring an election by the voters of a municipality prior to the issuance of bonds hereunder by such municipality, and all other laws of the state relative to public contracts and properties shall have no application to projects or bonds issued under this act.
History:
1953 Comp., § 14-60-13, enacted by Laws 1973, ch. 397, § 13.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 59 - Pollution Control Revenue Bonds › Section 3-59-14 - Proceedings for issuance and sale of bonds; no notice or publication required.

Issuance and sale of bonds pursuant to the Pollution Control Revenue Bond Act shall be authorized by ordinance adopted by the governing body of the municipality issuing the bonds, which ordinance shall determine the maximum aggregate principal amount, maximum maturity and maximum interest rate of the bonds to be issued (which maximum interest rate may be used in the determination required by Section 3-59-7 NMSA 1978) and may provide for determinations to be made by resolution adopted by the governing body with respect to the issuance of a lesser aggregate principal amount of bonds, the designation or substitution of a trustee for bondholders or depositary or escrow agent for bond proceeds, the issuance of bonds in one or more series and, with respect to any series of bonds, the principal amount, maturity or maturities, sinking fund provisions, redemption provisions, price or prices, which may be at, above or below par, and interest rate or rates of the bonds of such series. Such resolution may provide for the determination from time to time of such interest rate or rates by a designated entity in accordance with any standard and by any procedure specified in such resolution. The agreement of lease or sale securing the bonds of any series and the execution and delivery thereof may be authorized by resolution adopted by the governing body.
No notice, consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of the Pollution Control Revenue Bond Act except as provided in that act.
History:
1953 Comp., § 14-60-14, enacted by Laws 1973, ch. 397, § 14; 1977, ch. 312, § 9; 1983, ch. 114, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1983, ch. 114, § 3, provided that any action heretofore taken by any municipality which would have been valid if the act were in full force and effect when such action was taken is hereby valid.
Severability.
— Laws 1983, ch. 114, § 4, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 60 - Community Development (Repealed.) › Section 3-60-1 - Repealed.

History:
1953 Comp., § 14-62-1, enacted by Laws 1975, ch. 341, § 1; repealed by Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7 repealed 3-60-1 NMSA 1978, the Community Development Law, as enacted by Laws 1975, ch. 341, § 1 effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 60 - Community Development (Repealed.) › Section 3-60-2 - Repealed.

History:
1953 Comp., § 14-62-2, enacted by Laws 1975, ch. 341, § 2; repealed by Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7 repealed 3-60-2 NMSA 1978, the Community Development Law, as enacted by Laws 1975, ch. 341, § 2, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 60 - Community Development (Repealed.) › Section 3-60-3 - Repealed.

History:
1953 Comp., § 14-62-3, enacted by Laws 1975, ch. 341, § 3; 1979, ch. 315, § 1; repealed by Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7 repealed 3-60-3 NMSA 1978, the Community Development Law, as enacted by Laws 1975, ch. 341, § 3, as amended, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 60 - Community Development (Repealed.) › Section 3-60-4 - Repealed.

History:
1953 Comp., § 14-62-4, enacted by Laws 1975, ch. 341, § 4; repealed by Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7 repealed 3-60-4 NMSA 1978, the Community Development Law, as enacted by Laws 1975, ch. 341, § 4, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 60 - Community Development (Repealed.) › Section 3-60-5 - Repealed.

History:
1953 Comp., § 14-62-5, enacted by Laws 1975, ch. 341, § 5; repealed by Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7 repealed 3-60-5 NMSA 1978, the Community Development Law, as enacted by Laws 1975, ch. 341, § 5 effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 60 - Community Development (Repealed.) › Section 3-60-6 - Repealed.

History:
1953 Comp., § 14-62-6, enacted by Laws 1975, ch. 341, § 6; repealed by Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 329, § 7 and Laws 2007, ch. 330, § 7 repealed 3-60-6 NMSA 1978, the Community Development Law, as enacted by Laws 1975, ch. 341, § 6, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.