2006 New Mexico Statutes - Section 3-45-3 — Definitions.

3-45-3. Definitions.

The following terms, wherever used or referred to in the Municipal Housing Law [ 3-45-1 to 3-45-25 NMSA 1978], shall have the following respective meanings:   

A.     "city" means any municipality and, unless the context otherwise clearly indicates, any county.  "The city" means the particular city or county for which a particular housing authority is created.  "County" means any county;   

B.     "governing body" means, in the case of a city, the council or board of commissioners and, in the case of other state public bodies, the council, commissioners, board or other body having charge of the fiscal affairs of such state public body;   

C.     "mayor" means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city.  In the case of a county, the term "mayor" means the county board of commissioners;   

D.     "clerk" means the city recorder, the county clerk or the officer charged with the duties customarily imposed on such clerk;   

E.     "area of operation" includes all of the city or, in the case of a county, includes all of the county, except such area shall not include any area which lies within the boundaries of any city without the consent of such city. Upon approval by the governing bodies of the cities involved, the area of operation of one city pursuant to the Municipal Housing Law may be enlarged to include the area within the boundaries of any other city.  Any subsequent withdrawal of consent of a city for operation within its boundaries by another county or city shall not prohibit the development and operation of any housing projects initiated in such city by a county or by another city prior to the date of withdrawal;   

F.     "authority" or "housing authority" means any agency or other instrumentality of a city or county created pursuant to the Municipal Housing Law;   

G.     "state public body" means any county, municipal corporation, commission, district, authority, other subdivision or public body of the state;   

H.     "federal government" includes the United States of America, the public housing administration or any other agency or instrumentality, corporate or otherwise, of the United States of America;   

I.     "slum" means any area where dwellings predominate which by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors are detrimental to safety, health or morals;   

J.     "housing project" means any work or undertaking of the city:   

(1)     to demolish, clear or remove buildings from any slum area. Such work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes;   

(2)     to provide decent, safe and sanitary dwellings, apartments, single-family dwellings or other living accommodations for persons of low income.  Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or   

(3)     to accomplish a combination of the foregoing.   

The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property or existing structures, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith;   

K.     "persons of low income" means persons or families who lack the amount of income which is necessary, as determined by the city undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding;   

L.     "bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by a city pursuant to the Municipal Housing Law;   

M.     "real property" includes all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens; and   

N.     "obligee" includes any holder of bonds issued pursuant to the Municipal Housing Law, trustees for any such bondholders, or lessor demising to a city property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof and the federal government when it is a party to any contract with a city in regard to a housing project.