reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-23 - Alternative assessment procedure; annual levies.

A. As an alternative to the assessment procedure set forth in Section 3-51-20 and 3-51-22 NMSA 1978, the governing body may elect to levy annual assessments.
B. In each year after the formation of a parking district, the governing body shall meet to determine the amount of special assessments which, together with other available funds, will be required to pay the annual interest on outstanding bonds of the district and the principal thereof as the same may mature or be required to be paid. Thereafter, the board of appraisers shall make out an annual special assessment roll, entering and describing therein all of the lots and parcels of real property to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and the amount to be assessed thereon in the current year. The method of apportioning benefits and assessments shall be as determined by the board pursuant to Section 3-51-19 NMSA 1978, and shall remain unchanged and be applied uniformly from year to year.
C. Upon the completion and filing of the annual assessment roll in the office of the clerk of the city, a hearing shall be called and conducted thereon in all respects as provided by Section 3-51-22 NMSA 1978. The governing body shall have all powers and duties set forth therein and appeals for review of errors of law in the determinations of the governing body shall be permitted only to the extent and within the times set forth therein.
D. Annual assessments levied as hereinabove provided may be secured and enforced and shall be payable as provided by Sections 3-51-24 through 3-51-28, inclusive, NMSA 1978; provided that annual assessments shall be payable in full within thirty days after publication of the annual assessing ordinance and if not paid by such time shall be delinquent.
History:
1953 Comp., § 14-52-20, enacted by Laws 1971, ch. 173, § 14.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 173, § 14, repealed 14-52-20, 1953 Comp., relating to determination of costs and benefits, and enacted the above section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-24 - Lien for assessments.

The amounts assessed pursuant to the Greater Municipality Parking Law against each tract or parcel of real property, and the interest and penalties thereon, shall be a lien upon the property from the time of publication of the assessment ordinance coequal with the lien of taxes and prior and superior to all other liens, claims and titles, and no sale of the property to enforce any general taxes or other lien shall extinguish the lien of the assessment, nor shall the statute of limitations begin to run against the lien until after the last installment thereof shall become due.
History:
1953 Comp., § 14-52-21, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-25 - Payment; interest; penalties.

The governing body of the city shall have the power to provide for the time and terms of payment of the assessments and the rate of interest upon deferred payments thereof, which rate shall not exceed eight percent per annum. The assessments shall bear interest from the date of publication of the assessing ordinance. The maximum time for the payment of the assessments on deferred installment payments shall be thirty years.
History:
1953 Comp., § 14-52-22, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 15.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-26 - Personal liability of owners for indebtedness.

The assessments levied under the Greater Municipality Parking Law shall be the personal liability of the owner or owners of the property against which the assessments are levied.
History:
1953 Comp., § 14-52-23, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-27 - Recording of claim of lien.

The clerk of the city shall, within sixty days after publication of the assessing ordinance, prepare, sign, attest with the seal of the city, and file for record with the county clerk of the county in which the city is located, a claim of lien for the unpaid amount assessed against each tract or parcel of real property, plus penalties and interest which may arise thereon.
History:
1953 Comp., § 14-52-24, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-28 - Enforcement of lien.

The lien of any assessments levied under the Greater Municipality Parking Law shall be enforced, when delinquent, by the method now or hereafter provided by statute for the foreclosure of mortgages on real estate. In the event of a foreclosure sale, the municipality may buy in the property for the amount of the balance due on the assessment, including principal, interest, penalties and costs, unless there are higher bids.
History:
1953 Comp., § 14-52-25, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For foreclosure of mortgages,
see
39-5-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-29 - Real property in more than one district.

The same real property may be included in more than one district and be subject to the provisions of the Greater Municipality Parking Law for each and every district in which it may be included.
History:
1953 Comp., § 14-52-26, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-30 - Real property in more than one district; maximum assessments.

When real property is included within the boundaries of more than one parking district, the maximum total of the assessments which may be levied upon the property by all of the parking districts in which it is included shall be no greater than the total benefits conferred upon the property by the improvements of all the districts in which it is included.
History:
1953 Comp., § 14-52-27, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-31 - Real property in more than one district; objections; notice; hearing.

Objections to the organization of a district in whole or in part within the boundaries of a preexisting district shall be heard at the provisional order hearing called pursuant to Section 3-51-11 NMSA 1978. The notice of hearing to be served and published pursuant to that section shall state that part or all of the property included within the proposed boundaries, as the case may be, is included within a preexisting district. If the governing body determines that the purposes of the Greater Municipality Parking Law will best be accomplished by such district including lands of another district, it shall approve the additional district.
History:
1953 Comp., § 14-52-28, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 16.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-32 - Power to issue bonds.

A. A city shall have power to issue bonds from time to time, in its discretion for the purpose of financing, in whole or in part, the cost of any project.
B. A city shall also have the power to issue refunding bonds from time to time for the purpose of refunding, paying and retiring:
(1) any bonds issued by it pursuant to the Greater Municipality Parking Law or pursuant to Laws 1963, Chapter 313, as amended and supplemented;
(2) any bonds authorized for parking facilities and payable from the revenues of any parking facilities;
(3) any bonds authorized for parking facilities and payable from any parking meter revenues;
(4) any sales tax revenue bonds authorized for the purpose of any public building to be used for parking facilities and pursuant to Section 3-31-1C NMSA 1978;
(5) any gasoline tax revenue bonds authorized for the purpose of any public building to be used for parking facilities and pursuant to Section 3-31-1D NMSA 1978 [3-31-1E NMSA 1978];
(6) any bonds authorized for parking facilities and payable from any combination of the income and revenue pledged to the bonds described in Paragraphs (1) through (5) of this Subsection B; or
(7) any bonds which have refunded the bonds described in Paragraphs (1) through (6) of this Subsection B.
C. A city shall also have the power to issue bonds for any combination of the purposes described in this section.
History:
1953 Comp., § 14-52-29, enacted by Laws 1971, ch. 173, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 173, § 17, repealed 14-52-29, 1953 Comp., relating to power to issue bonds, and enacted a new section.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1963, Chapter 313, referred to in Paragraph (1) of Subsection B, was repealed by Laws 1965, ch. 300, § 595. Section 3-31-1 NMSA 1978 was amended in 1983, redesignating former Subsection D of 3-31-1 NMSA 1978 as Subsection E.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 C.J.S. Municipal Corporations § 1902.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-34 - Liability of bonds; prohibition on impairment of payment.

A. Neither the governing body of a city nor any person executing the bonds shall be liable personally on any bonds by reason of the issuance thereof hereunder. The bonds issued under the provisions of the Greater Municipality Parking Law shall be payable solely from the sources provided in Section 3-51-35 NMSA 1978. The bonds shall not be a debt or general obligation of the city issuing them, and they shall so state on their face. The bonds shall not constitute a debt or indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction.
B. Any law which authorizes the pledge of any or all of the special funds described in Section 3-51-35 NMSA 1978 to the payment of any bonds issued pursuant to the Greater Municipality Parking Law or which affects any of such special funds pledged to such bonds, or any law supplemental thereto or otherwise appertaining thereto, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any such outstanding bonds unless such outstanding bonds have been discharged in full or provision has been fully made therefor.
History:
1953 Comp., § 14-52-30, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 19.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-35 - Bonds; special funds from which payable.

In order to carry out the purposes of the Greater Municipality Parking Law, a city upon enactment of a proper ordinance may issue bonds for any purposes permitted by Section 3-51-32 NMSA 1978 and may pledge irrevocably to the payment of the principal of and interest on such bonds, the following special funds:
A. all or any part of special assessments levied upon real property within a parking district formed for the particular project financed with the proceeds of such bonds; or
B. all or any part of the income and revenues of the particular project financed with the proceeds of the bonds; or
C. all or any part of the income and revenue of certain designated parking facilities whether or not they were financed in whole or in part with the proceeds of the bonds; or
D. all or any part of the parking meter revenues of the city; or
E. all or any part of the amount of money remitted to the city as authorized by Section 7-1-6 NMSA 1978; or
F. all or any part or [of] the proceeds distributed to the city pursuant to Section 64-26-19 NMSA 1953 [repealed]; or
G. all or any part or [of] the proceeds of any tolls, rates, fees, charges, license taxes, other excise taxes, or quasi-excise taxes legally available therefor which the city is empowered to fix, levy and collect; or
H. any combination of these special funds specified in Subsections A through F, even if, in the case of refunding bonds, any of such special funds were not pledged to the payment of the bonds being refunded.
History:
1953 Comp., § 14-52-31, enacted by Laws 1971, ch. 173, § 20.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 173, § 20, repealed 14-52-31, 1953 Comp., relating to types of bonds and sources from which payable, and enacted the above section.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1971, ch. 207, § 16 repealed 64-26-19, 1953 Comp., cited in Subsection F.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-36 - Form and sale of bonds.

A. Bonds of a city issued hereunder, shall be authorized by its ordinance and may be issued in one or more series and shall bear the date or dates, mature at such time or times, not exceeding thirty years from the date of issue, bear interest at any coupon rate or rates, of not exceeding the maximum coupon rate permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such ordinance, its trust indenture, or the bonds so issued may provide.
B. Any bonds issued under the authority of the Greater Municipality Parking Law may be sold at public or private sale at, above or below par in such manner and at a price which shall result in a net effective interest rate of not exceeding that permitted by the Public Securities Act, and from time to time as may be determined by the governing body to be most advantageous.
C. In case any of the officers of the city whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding any bonds issued pursuant to the Greater Municipality Parking Law shall be fully negotiable.
D. In any suit, action or proceedings involving the validity or enforceability of any bond of a city or the security therefor, any such bond reciting in substance that it has been issued by the city to aid in financing a parking facility project to provide additional facilities for parking motor vehicles shall be conclusively presumed to have been issued for a parking facility project of such character, and said project shall be conclusively deemed to have been planned, located and constructed in accordance with the purposes and provisions of the Greater Municipality Parking Law.
History:
1953 Comp., § 14-52-32, enacted by Laws 1965, ch. 300; 1971, ch. 173, § 21.
ANNOTATIONS
Severability clauses.
— Laws 1971, ch. 173, § 22, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-38 - Construction of bond provisions.

The Greater Municipality Parking Law, without reference to other statutes of the state, shall constitutes [constitute] full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds 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.
History:
1953 Comp., § 14-52-34, enacted by Laws 1965, ch. 300.
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 51 - Greater Municipality Parking › Section 3-51-39 - Filing proceedings with attorney general.

A city shall file with the attorney general of the state a copy of all proceedings in connection with the issue of bonds pursuant to the Greater Municipality Parking Law.
History:
1953 Comp., § 14-52-35, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-40 - Remedies of an obligee.

An obligee shall have the right, in addition to all other rights which may be conferred upon such obligee subject only to any contractual restrictions binding upon such obligee:
A. by mandamus, suit, action or proceedings at law or in equity to compel the city and the officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of the city with or for the benefit of the obligee and to require the carrying out of any or all such covenants and agreements of the city and the fulfillment of all duties imposed upon the city by the Greater Municipality Parking Law; and
B. by suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or in violation of any of the rights of such obligee.
History:
1953 Comp., § 14-52-36, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-41 - Additional remedies conferrable to an obligee.

A city shall have the power by its ordinance, trust indenture, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may be otherwise conferred, upon the happening of an event of default as defined in the ordinance or instrument, to do the following by suit, action or proceeding in any court of competent jurisdiction:
A. obtain the appointment of a receiver of any parking facility project of the city or any part thereof and of the rents and profits therefrom. If the receiver be appointed he may enter and take possession of the parking facility project or any part thereof and so long as the city continues in default operate and maintain the same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the city as the court shall direct;
B. require the city and the officers and agents thereof to account for the money actually received as if it and they were the trustees of an express trust.
History:
1953 Comp., § 14-52-37, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-42 - Bonds; exemption from taxation.

Bonds and other evidences of indebtedness issued under the provisions of the Greater Municipality Parking Law shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
History:
1953 Comp., § 14-52-38, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-43 - Aid from federal government.

In addition to the powers conferred upon a city by other provisions of the Greater Municipality Parking Law, a city is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for, or in aid of, any parking facility project within its area of operation; and to these ends, to comply with the conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of the Greater Municipality Parking Law to authorize every city to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the federal government in the undertaking, acquisition, construction, maintenance or operation of any parking facility project of the city.
History:
1953 Comp., § 14-52-39, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-44 - Contracts; leases; increase of revenue.

Every contract entered into by the city for the use of any project or the services or facilities thereof acquired, constructed or completed from the proceeds of the sale of revenue bonds shall incorporate by reference the provisions of any ordinance pursuant to which the bonds were issued. Every such contract or lease shall also refer to the provisions of the Greater Municipality Parking Law with respect to the obligation of the city to fix fees and charges to meet the payments provided for in the Greater Municipality Parking Law and the proceedings for the issuance of revenue bonds and all payments required to be made to the city under such contract shall be subject to increase if and when the city is required to increase rates or charges to meet its obligations hereunder and under any ordinance providing for the issuance of bonds.
History:
1953 Comp., § 14-52-40, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-45 - Greater Municipality Parking Law controlling.

Insofar as the provisions of the Greater Municipality Parking Law are inconsistent with the provisions of any other law, the provisions of the Greater Municipality Parking Law shall be controlling. No other existing law providing for establishment and maintenance of parking facilities contemplated by the Greater Municipality Parking Law shall be repealed thereby, but such laws shall remain in force to be applied by the governing body of the city to which it applies without reference to the Greater Municipality Parking Law.
History:
1953 Comp., § 14-52-41, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 51 - Greater Municipality Parking › Section 3-51-46 - Passenger motor vehicle of a person with a disability; parking privilege.

Passenger motor vehicles owned by and carrying a person with a disability and displaying special registration plates, or passenger motor vehicles carrying persons with severe mobility impairment and displaying parking placards, issued pursuant to Section 66-3-16 NMSA 1978, shall be permitted to park for unlimited periods of time in parking zones restricted as to length of time parking is normally permitted and are exempt from payment of any parking fee of the state or its political subdivisions, except that airport parking facilities may charge long-term parking fees for periods of time exceeding twenty-four hours. The provisions of this section shall prevail over any other law, rule or local ordinance but do not apply to zones where stopping, standing or parking is prohibited, zones reserved for special types of vehicles, zones where parking is prohibited during certain hours of the day in order to facilitate traffic during those hours when parking is prohibited and zones subject to similar regulation because parking presents a traffic hazard.
History:
1953 Comp., § 14-52-42, enacted by Laws 1973, ch. 22, § 3; 1999, ch. 297, § 3; 2007, ch. 46, § 4; 2009, ch. 227, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, at the end of the first sentence, added the exception for airport parking facilities.
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
The 1999 amendment,
effective June 18, 1999, in the first sentence, inserted "and carrying" near the beginning, substituted "displaying special" for "carrying special", inserted the language beginning "or passenger motor vehicles" and ending "parking placards", substituted "66-3-16 NMSA 1978" for "64-3-12.3 NMSA 1953", and deleted "meter" before "fee of the state" near the end; and, in the second sentence, substituted "rule" for "regulation".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-1 - Municipal Transit Law; short title.

Sections 3-52-1 through 3-52-13 NMSA 1978, may be cited as the "Municipal Transit Law".
History:
1953 Comp., § 14-53-1, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For the Tort Claims Act,
see
41-4-1 NMSA 1978 et seq.
For excavation damage to pipelines and underground utility lines,
see
62-14-1 NMSA 1978 et seq.
For the Public Mass Transportation Act,
see
67-3-67 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 § 210.
62 C.J.S. Municipal Corporations § 639; 63 C.J.S. Municipal Corporations § 1054; 64 C.J.S. Municipal Corporations § 1810.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-2 - Legislative determination.

The legislature finds that privately operated public transportation has declined in patronage and use and become less attractive to investment capital than formerly. Growth of population in relation to area, the development of improved highways and intersecting structures, the wider use of the private automobile and the scattering of shopping and employment centers have diverted users to private transportation, provided intense competition for public transportation facilities, and pyramided operating costs of public transit to a point that increases in rates are being required and municipalities formerly and now depending on public transit are threatened with having inadequate facilities for public transportation publicly or privately owned.
History:
1953 Comp., § 14-53-2, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-5 - Transportation contracts.

All contracts for work, material or labor in connection with a transportation system shall be let in the manner provided by law for the letting of other contracts by the municipality.
History:
1953 Comp., § 14-53-5, enacted by Laws 1965, ch. 300; 1999, ch. 74, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, substituted "Transportation contracts" for "Limitations on power" in the section heading; deleted the Subsection A designation, and in that subsection, inserted "system"; deleted Subsection B, which read "Transit service may not be extended to points outside the county in which the city is located unless prior approval is obtained from the state corporation commission and other regulatory bodies having jurisdiction in the matter"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-6 - Bond ordinance.

The governing body may adopt an ordinance providing:
A. for issuance of bonds to enable the municipality to acquire land, buildings, buses or other equipment required for public transit or for refunding bonds previously issued for such purpose or both such purposes;
B. the bonds are payable solely from a pledge of:
(1) gross income derived by the municipality from the transit facilities financed with the proceeds and other transit facilities not so financed; provided that when gross revenues are so pledged, the municipality may apply to the payment of the expense of maintaining and operating the transit facilities, the gross revenues of which are so pledged, the city's revenues derived from sources other than the proceeds of ad valorem taxes and may, in the proceedings authorizing such issue of such bonds, covenant and agree to apply to the payment of such maintenance and operation expenses so much of such revenues as may be necessary for such purposes or as may be specified in the proceedings;
(2) income derived from franchises granted by the governing body of the municipality;
(3) contributions, grants or other financial assistance from the state or federal governments or any other source; or
(4) any combination of these sources; and
C. the ordinance is irrepealable as long as any indebtedness on the bonds is unpaid by the municipality.
History:
1953 Comp., § 14-53-6, enacted by Laws 1965, ch. 300; 1965, ch. 309, § 1.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-7 - Terms of bonds.

A. The ordinance authorizing issuance of bonds shall specify:
(1) issuance in any number of series;
(2) maturity dates;
(3) interest not exceeding six percent a year;
(4) denominations;
(5) form, either coupon or registered;
(6) conversion or registration privileges;
(7) rank or priority;
(8) manner of execution;
(9) if desirable, features of redemption, prior to maturity with or without premium; and
(10) the terms, manner and medium of payment and redemption.
B. No member of the governing body or any person executing bonds is personally liable on any bond. All bonds are payable solely from the sources allowed by the governing body as specified in the authorizing ordinance. No bond is a debt, liability or general obligation of the issuing municipality.
C. The terms prescribed by the authorizing ordinance and by this section shall be carried on the face of each bond.
History:
1953 Comp., § 14-53-7, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-8 - Sale of bonds.

A. Bonds may be sold at either public or private sale; provided that no such bonds may be sold at any price which does not result in an actual net interest cost to maturity, computed on the basis of standard tables of bond values, in excess of six percent.
B. If any municipal officer whose signature appears on any bond ceases to be an officer before delivery of the bonds, the signature is valid for all purposes as if the officer had remained in office until delivery.
C. All bonds are fully negotiable.
History:
1953 Comp., § 14-53-8, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-9 - Construction.

The Municipal Transit Law is full authority for authorization and issuance of bonds and no election is necessary. In any proceeding involving the validity and enforceability of any bond or its security, any bond reciting in substance that it was issued by the municipality to aid in financing public transit facilities is conclusively presumed to have been issued for a public transit facility planned, operated and used in accordance with the Municipal Transit Law.
History:
1953 Comp., § 14-53-9, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-10 - Additional security.

To further the marketability of bonds, the ordinance authorizing their issue may:
A. secure their payment by deed of trust or mortgage conveying municipally owned land and improvements acquired for the public transit facility from the proceeds of the bonds to a trustee for the benefit and security of the bondholders; and
B. authorize any other security agreement not in conflict with law.
History:
1953 Comp., § 14-53-10, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-11 - Foreclosure.

If the interest or any serial maturity of any bond is in default, any obligee may foreclose against the municipality under the same procedure provided for foreclosure of real estate mortgages. The district court may appoint a receiver to operate the transit facilities in default.
History:
1953 Comp., § 14-53-11, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For foreclosure of mortgages,
see
39-5-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-12 - Legal investments.

Bonds are legal investments for savings banks and insurance companies under the laws of this state. They are bonds, notes or other obligations of a municipal subdivision of this state, issued pursuant to a law of this state, for the purposes of investment or purchase by the state investment officer.
History:
1953 Comp., § 14-53-12, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-13 - Tax exemptions.

Bonds and their income and all mortgages or other instruments executed as security for them are exempt from all taxation by this state or any of its political subdivisions.
History:
1953 Comp., § 14-53-13, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-14 - Declaration of legislative intent.

The legislature in recognition of the provisions of Public Law 88-365, 88th Congress, 1964, and realizing the importance of modern, efficient, economical transportation facilities in a municipality as an assurance of the convenience to the citizenry and the promotion of economic progress and development, desires to bring existing New Mexico laws in accord with the provisions of the Urban Mass Transportation Act of 1964 and to enable a municipality to qualify for a grant under such law through recognition of, and collective bargaining with, an appropriate union as required under the labor standards provision in Section 10, Paragraph (c) of the above federal law.
History:
1953 Comp., § 14-53-14, enacted by Laws 1965, ch. 274, § 1.
ANNOTATIONS
Compiler's notes.
— The Urban Mass Transportation Act of 1964 (Public Law 88-365), cited in this section, was formerly codified as 49 U.S.C. § 1601 et seq. It was repealed effective July 5, 1994. For present sections,
see
the Federal Transit Act, 49 U.S.C. § 5301 et seq.
No general right of public sector collective bargaining.
— Because the legislature, by 3-52-14 to 3-52-16 NMSA 1978, expressly authorized one public entity, municipalities, to engage in collective bargaining with one type of employee, mass transit workers, it may be inferred that the legislature specifically rejected collective bargaining for all others. 1987 Op. Att'y Gen. No. 87-41.
It would be incorrect to infer that by including a provision allowing closed meetings to discuss strategy preliminary to collective bargaining negotiations, 10-15-1E(3) [10-15-1H(5)] NMSA 1978 in the Open Meetings Act, the legislature recognized the general right of public sector collective bargaining. To the contrary, that provision was enacted only because the legislature specifically had authorized cities to bargain collectively with transit workers in 3-52-14 to 3-52-16 NMSA 1978. 1987 Op. Att'y Gen. No. 87-41 (issued prior to enactment of the Public Employees Bargaining Act, § 10-7E-1 NMSA 1978, et seq.).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-15 - Authorization of collective bargaining in municipalities wishing to qualify for grant.

Any municipality desiring to qualify for a grant under the Urban Mass Transportation Act of 1964 (being Public Law 88-365, 88th Congress) may in order to meet the requirements of Section 10, Paragraph (c) of that act, recognize, and enter into collective bargaining with, an appropriate union representing employees of such municipal transit system with regard to the preservation of employee rights, privileges and benefits under any existing collective bargaining agreements or otherwise; the continuation of collective bargaining rights; the protection of individual employees against a worsening of their positions with respect to their employment; assurances of employment to employees of acquired mass transportation systems and priority of reemployment of employees terminated or laid off; and paid training or retraining programs.
History:
1953 Comp., § 14-53-15, enacted by Laws 1965, ch. 274, § 2.
ANNOTATIONS
Compiler's notes.
— The Urban Mass Transportation Act of 1964 (Public Law 88-365), cited in this section, was formerly codified as 49 U.S.C. § 1601 et seq. It was repealed effective July 5, 1994. For present sections,
see
the Federal Transit Act, 49 U.S.C. § 5301 et seq. Section 10(c) of the act, also cited in this section, appeared as 49 U.S.C. § 1609(c). For present section,
see
49 U.S.C. § 5333.
Law reviews.
— For note, "Public Labor Disputes - A Suggested Approach for New Mexico,"
see
1 N.M.L. Rev. 281 (1971).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 52 - Municipal Transit › Section 3-52-16 - Coercive action prohibited.

This act [3-52-14 to 3-52-16 NMSA 1978] shall not be construed as authorizing or permitting such public employees, associations or groups to carry out such collective bargaining by means of strikes, picketing or any other coercive action.
History:
1953 Comp., § 14-53-16, enacted by Laws 1965, ch. 274, § 3.
ANNOTATIONS
Law reviews.
— For note, "Public Labor Disputes - A Suggested Approach for New Mexico,"
see
1 N.M.L. Rev. 281 (1971).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-1 - Regulation of watercourses, ponds, wells and cisterns.

A municipality may:
A. deepen, widen, dock-cover, wall, alter or change the channel of watercourses;
B. cleanse and purify waters, watercourses and canals;
C. drain or fill ponds on private property to prevent or abate nuisances;
D. construct, repair and regulate the use of vaults, cisterns, hydrants, pumps, bridges, viaducts, tunnels and wells; and
E. regulate and authorize the construction of any ditch carrying water on, through or across any street.
History:
1953 Comp., § 14-54-1, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For power of municipality to open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains,
see
3-18-25, 3-49-5 NMSA 1978.
For powers of municipalities regarding water facilities,
see
3-27-1 NMSA 1978 et seq.
For metropolitan water boards,
see
3-61-1 NMSA 1978 et seq.
For waterworks companies,
see
62-2-1 NMSA 1978 et seq.
For community springs or tanks,
see
72-10-1 NMSA 1978 et seq.
For public reservoirs,
see
72-10-4 NMSA 1978 et seq.
Legislative intent.
— The legislature did not intend, by implication, to empower cities to condemn, for street purposes, acequias used for irrigation purposes.
Albuquerque v. Garcia
, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of rule of assessment for drainage improvement, 2 A.L.R. 625.
Overflow caused by diverting stream into new channel, 12 A.L.R. 187.
Percolation or seepage from ponded water, municipal liability for injury by, 38 A.L.R. 1248.
Constitutionality and construction of statutes and ordinances for protection of municipal water supply, 72 A.L.R. 673.
Validity, construction, and effect of statute, ordinance, or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.
Bathing, swimming, boating, fishing, or the like, prohibition or regulation to protect public water supply, 56 A.L.R.2d 790.
Pipeline, municipal liability for damage by water escaping from, 20 A.L.R.3d 1294.
63 C.J.S. Municipal Corporations §§ 1049, 1051, 1053; 64 C.J.S. Municipal Corporations § 1807.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-1.1 - New domestic water wells; municipal authority.

A. A municipality may, by ordinance, restrict the drilling of new domestic water wells, except for property zoned agricultural, if the property line of the applicant is within three hundred feet of the municipal water distribution lines and the property is located within the exterior boundaries of the municipality.
B. No municipality may deny authorization for a new domestic water well permit to an applicant if the total cost to the applicant of extending the municipal water distribution line, meter and hook-up to the applicant's residence exceeds the cost of drilling a new domestic water well.
C. A municipality that fails to authorize the drilling of a new domestic water well shall provide domestic water service within ninety days to the property owner under the municipal water provider's usual and customary charges and rate schedules.
D. A municipality shall file with the state engineer its municipal ordinance restricting the drilling of new domestic water wells.
E. An applicant for a domestic water well located within the exterior boundaries of a municipality with a new domestic water well drilling ordinance shall obtain a permit to drill the well from the municipality subsequent to the state engineer's approval.
F. A municipality with a domestic water well drilling ordinance shall act upon a new domestic water well permit application within thirty days of receipt of the request.
G. A municipality shall notify the state engineer of all municipal permit denials for domestic well authorization.
H. An applicant may appeal the decision of the municipality to the district court in the county of the municipality.
I. Nothing in this section shall limit the authority of the state engineer to administer water rights as provided by law.
J. The state engineer shall not be liable for actions taken in accordance with a municipal ordinance authorizing restriction of domestic well drilling within the exterior boundaries of a qualified municipality.
History:
Laws 2001, ch. 207, § 1.
ANNOTATIONS
Cross references.
— For state engineer,
see
72-2-1 NMSA 1978 et seq.
Effective dates.
— Laws 2001, ch. 207 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
Strict compliance required.
— Municipalities must strictly comply with the requirement that they file ordinances restricting the drilling of domestic water wells with the office of the state engineer. Providing notice of the ordinance and its content and substance to the office of the state engineer is insufficient to satisfy 3-53-1.1 NMSA 1978.
Stennis v. City of Santa Fe
, 2010-NMCA-108, 149 N.M. 92, 244 P.3d 787.
A municipal ordinance regulating domestic wells
is not effective until it is filed with the state engineer and does not have to track the language of this section.
Stennis v. City of Santa Fe
, 2008-NMSC-008, 143 N.M. 320, 176 P.3d 309.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-2 - Regulation of water use.

In order to prevent waste and to conserve the supply of water, a municipality which owns and operates a water utility, or has granted a franchise for the operation of a public water system, may by ordinance regulate and restrict the use of water.
History:
1953 Comp., § 14-54-2, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 3; Waterworks and Water Companies §§ 3, 69, 70.
Water supply, ordinance for protection of, 72 A.L.R. 673.
94 C.J.S. Waters § 280.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-2.1 - Water resources; county or municipal requirements.

A. For the purpose of preserving and protecting water resources and to provide an assured water supply for the community, a county or municipality may require:
(1) site development standards to conserve water and minimize water loss;
(2) water harvesting and storage;
(3) low water use landscaping and plant materials;
(4) nonagricultural residential and commercial water use limitations; or
(5) recycling and reuse of water.
B. The provisions of this section shall be implemented consistent with state engineer rules.
C. Agricultural water users or agricultural water rights owners are excluded from the provisions of Subsection A of this section.
History:
Laws 2007, ch. 120, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 120, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-3 - Irrigation; regulation of public acequias.

A municipality may regulate the flow and use of water in public acequias for irrigating purposes.
History:
1953 Comp., § 14-54-3, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Legislative intent.
— The legislature did not intend, by implication, to empower cities to condemn, for street purposes, acequias used for irrigation purposes.
Albuquerque v. Garcia
, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 315.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 53 - Waters; Regulation of Use › Section 3-53-4 - Purchase or lease of canal or ditch; election; assumption of powers and duties when acquired.

A. If a majority of the voters at a regular municipal election approve the purchase or lease of any canal or ditch, the governing body may, for the purpose of supplying water for the use of the people of the municipality:
(1) purchase or lease the canal or ditch;
(2) acquire all the rights, privileges [and] franchises of any person owning or having an interest in the canal or ditch;
(3) hold and operate the canal or ditch in the same manner as the person from whom the canal or ditch was purchased or leased; and
(4) repair, improve or enlarge the canal or ditch or any flume, dam or gate connected with the canal or ditch.
B. The municipality purchasing or leasing a canal or ditch shall assume all obligations and other duties which by law had devolved upon the owner from whom the canal or ditch was purchased or leased.
History:
1953 Comp., § 14-54-4, enacted by Laws 1965, ch. 300; 1973, ch. 258, § 137.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.