2006 New Mexico Statutes - Section 3-46-40 — Exercise of powers in carrying out urban renewal and land development projects.

3-46-40. Exercise of powers in carrying out urban renewal and land development projects.

A.     A municipality may itself exercise its urban renewal and land development project powers or may, if the local governing body by ordinance determines this action to be in the public interest, elect to have the powers exercised by the urban renewal agency, created by Section 3-46-41 NMSA 1978. If the local governing body determines, the urban renewal agency shall be vested with all of the urban renewal and land development powers in the same manner as though all the powers were conferred on the agency or authority instead of the municipality. If the local governing body does not elect to make the determination, the municipality, in its discretion, may exercise its urban renewal and land development project powers through a board or commissioner or through any officers of the municipality as the local governing body may by resolution determine.   

B.     As used in this section, the terms "urban renewal project powers" and "land development project powers" include the rights, powers, functions and duties of a municipality under the Urban Renewal Law [ 3-46-1 to 3-46-45 NMSA 1978], except the following:   

(1)     the power to determine an area to be a slum, a blighted, or land development area or combination thereof and to designate the area as appropriate for an urban renewal project or land development project;   

(2)     the power to approve and amend urban renewal or land development plans and to hold any public hearings required with respect thereto;   

(3)     the power to establish a general plan for the locality as a whole;   

(4)     the power to formulate a workable program under Section 3-46-28 NMSA 1978;   

(5)     the powers, duties and functions referred to in Section 3-46-43 NMSA 1978;   

(6)     the power to make the determinations and findings provided for in Sections 3-46-27, 3-46-29 and Subsection 3-46-30 D NMSA 1978;   

(7)     the power to issue general obligation bonds; and   

(8)     the power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in Subsection 3-46-31 H NMSA 1978.   

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