2006 New Mexico Statutes - Section 3-46-31 — Powers of municipality.

3-46-31. Powers of municipality.

Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Urban Renewal Law [ 3-46-1 to 3-46-45 NMSA 1978], including the following powers:   

A.     to undertake and carry out urban renewal and land development projects within its area of operation; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under the Urban Renewal Law; and to disseminate slum clearance, urban renewal, and land development information;   

B.     to provide, arrange or contract for the furnishing or repair by any public or private person or agency, for services, privileges, works, streets, roads, public utilities, public buildings or other facilities for or in connection with an urban renewal or land development project; to install, construct, reconstruct, maintain, and operate, streets, utilities, parks, playgrounds, public buildings including but not limited to parking facilities, transportation centers, safety buildings, and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law including conditions relating to the determination of prevailing salaries or wages or compliance with federal and state labor standards, compliance with federal property acquisition policy, and the provision of relocation assistance in accordance with federal law, in the undertaking or carrying out of an urban renewal or land development project; and to include in any contract let in connection with the project provisions to fulfill any of these conditions as it may deem reasonable and appropriate;   

C.     within its area of operation, to enter upon any building or property in any urban renewal area or land development area in order to make surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property, or personal property for its administrative purposes, together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such property; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of the Urban Renewal Law; provided, however, that no statutory provisions with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a municipality, or other public body exercising powers hereunder, in the exercise of its functions with respect to an urban renewal or land development project, unless the legislature shall specifically so state;   

D.     to invest any urban renewal or land development project funds held in reserve, or sinking funds, or other project funds which are not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem bonds as have been issued pursuant to Section 3-46-35 NMSA 1978 at the redemption price established therein or to purchase the bonds at less than redemption price. All bonds so redeemed or purchased shall be canceled;   

E.     to borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of the Urban Renewal Law; and to give security as may be required and to enter into and carry out contracts in connection therewith. A municipality may include in any contract for financial assistance with the federal government for an urban renewal project, or land development project, conditions imposed pursuant to federal law and which the municipality may deem reasonable or appropriate and which are not inconsistent with the purposes of the Urban Renewal Law;   

F.     within its area of operation, to make all plans necessary for the carrying out of the purposes of the Urban Renewal Law and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend the plans. The plans may include, without limitation:   

(1)     a general plan for the locality as a whole;   

(2)     urban renewal and land development plans;   

(3)     plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;   

(4)     plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements; and   

(5)     appraisals, title searches, surveys, studies and other preliminary plans and work necessary to prepare for the undertaking of urban renewal and land development projects.   

The municipality is authorized to develop, test and report methods and techniques, and carry out demonstrations and other activities for the prevention and the elimination of slums and urban blight and to apply for, accept and utilize grants of funds from the federal government for such purposes;   

G.     to prepare plans and provide reasonable assistance for the relocation of families displaced from an urban renewal or land development area to the extent essential for acquiring possession of and clearing the area or its parts to permit the carrying out of the urban renewal or land development project;   

H.     to appropriate, under existing authority, the funds and make expenditures necessary to carry out the purposes of the Urban Renewal Law, and to levy taxes and assessments for such purposes; to close, vacate, plan or replan streets, roads, sidewalks, ways or other places; to plan or replan, zone or rezone any part of the municipality or make exceptions from building regulations; and to enter into agreements with an urban renewal agency vested with urban renewal and land development project powers under Section 3-46-40 NMSA 1978, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such municipality pursuant to any of the powers granted by the Urban Renewal Law;   

I.     within its area of operation, to organize, coordinate and direct the administration of the provisions of the Urban Renewal Law as they apply to the municipality in order that the objective of remedying slum, blighted, and land development areas and preventing the causes within the municipality may be most effectively promoted and achieved, and to establish any new office or offices of the municipality or to reorganize existing offices as necessary; and   

J.     to exercise all or any part or combination of powers herein granted; and   

K.     to plan, undertake, and carry out neighborhood development programs consisting of urban renewal project undertakings and activities in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of the Urban Renewal Law for planning and carrying out urban renewal projects.   

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