2006 New Mexico Statutes - Section 3-46-41 — Urban renewal agency.
3-46-41. Urban renewal agency.
A. There is created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality; provided, that the agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the finding prescribed in Section 3-46-29 NMSA 1978, and has elected to have the urban renewal project and land development project powers exercised by an urban renewal agency as provided in Section 3-46-40 NMSA 1978.
B. After the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body shall appoint a board of commissioners of the urban renewal agency which shall consist of five commissioners. The commissioners who are appointed after passage of this section shall be designated to serve staggered terms of one, two, three, four and five years respectively from the date of their appointment; but thereafter commissioners shall be appointed as herein provided for terms of office of five years.
C. A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner.
The powers of an urban renewal agency shall be exercised by the commissioners. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. Any person may be appointed as commissioner if he resides within the area of operation of the agency, which shall be coterminous with the area of operation of the municipality, and is otherwise eligible for such appointment under the Urban Renewal Law [ 3-46-1 to 3-46-45 NMSA 1978]. Provided, at least one member of such agency shall represent the residents of an urban renewal area and be a resident of an urban renewal area.
The mayor shall designate a chairman and vice-chairman from among the commissioners. An agency may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under the Urban Renewal Law shall file, with the local governing body, on or before March 31 of each year a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of such calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that the report has been filed with the municipality and that the report is available for inspection during business hours in the office of the clerk and in the office of the agency.
D. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least ten days prior to such hearing and have had an opportunity to be heard in person or by counsel.
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