2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-7 - Charter; provisions; restrictions; prior legislation.

The charter may provide for any system or form of government that may be deemed expedient and beneficial to the people of the municipality, including the manner of appointment or election of its officers, the recall of the officers and the petition and referendum of any ordinance, resolution or action of the municipality; provided, that the charter shall not be inconsistent with the constitution of New Mexico, shall not authorize the levy of any tax not specifically authorized by the laws of the state and shall not authorize the expenditure of public funds for other than public purposes. All bylaws, ordinances and resolutions lawfully passed and in force in the municipality before the adoption of the charter shall remain in force until amended or repealed.
History:
1953 Comp., § 14-14-5, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Municipal wage ordinance upheld.
— In passing the Minimum Wage Act, the legislature allowed any existing local minimum wage ordinances that were more favorable to employees to stay in effect.
New Mexicans for Free Enterprise v. City of Santa Fe
, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
Term limits not authorized.
— The language in this section authorizing a provision for the "manner of appointment or election of its officers" does not give home rule municipalities the power to set term limits for its elected officials; the phrase refers merely to the time, place, and manner of conducting elections and does not grant the power to adopt additional qualifications for elective office.
Cottrell v. Santillanes
, 1995-NMCA-090, 120 N.M. 367, 901 P.2d 785, cert. denied, 120 N.M. 213, 900 P.2d 962.
Application of state law when authorizations omitted from charter.
— Where a city adopts a charter, but omits from such charter authorization to the city commissioners to pave city streets and meet the cost by special assessment and to enforce the liens created therefor by foreclosures, the state law on municipalities governs.
Ellis v. New Mexico Constr. Co
., 1921-NMSC-068, 27 N.M. 312, 201 P. 487.
Municipal corporation created under an unconstitutional charter is a de facto corporation,
and its officers are de facto officers.
City of Albuquerque v. Water Supply Co
., 1918-NMSC-088, 24 N.M. 368, 174 P. 217.
Voter approval of capital projects.
— A home rule municipality may require voter approval of capital projects before the municipality proceeds with a capital project. 2011 Op. Att'y Gen. No. 11-04.
A home rule municipality is prohibited from imposing any tax absent specific legislative authorization.
— The Municipal Charter Act, 3-15-1 to 3-15-16 NMSA 1978, prohibits a home rule municipality from imposing any tax absent specific legislative authorization, and 3-18-2 NMSA 1978, precludes a municipality, including a home rule municipality, from imposing income and property taxes unless otherwise provided by law and allows excise taxes on certain products and services if the products or services subject to the tax are named specifically in the ordinance imposing the tax and the ordinance is approved by a majority of the voters in the municipality, and therefore a home rule municipality that is considering the imposition of a tax on items such as telecommunications services, styrofoam use, plastic bottle use, carbon emissions, and plastic bag use, may impose such taxes if those products or services are named specifically in the ordinance imposing the tax and the ordinance is approved by a majority of the voters in the home rule municipality.
Limits on Taxes Imposed by Home Rule Municipalities
(3/20/15), Att'y Gen. Adv. Ltr. 2015-03.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality of charter provision making actual knowledge or notice of defect in street or public place a condition of municipal liability for personal injury or damage to property caused thereby, 83 A.L.R. 288.
Persons upon whom notice of injury or claim against municipal corporation may or must be served, 23 A.L.R.2d 969.
Validity, construction, and operation of constitutional and statutory "term limits" provisions, 112 A.L.R. 5th 1, § 7.