2006 New Mexico Statutes - Section 3-60-26 — Powers of municipality.

3-60-26. Powers of municipality.

Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Community Development Law [ 3-60-1 to 3-60-37 NMSA 1978], including but not necessarily limited to the following powers:   

A.     to undertake and carry out community development projects within its area of operation including clearance and redevelopment, rehabilitation, conservation, and development activities and programs; to make, enter into and execute contracts and other agreements and instruments necessary or convenient to the exercise of its powers under the Community Development Law; and to disseminate slum clearance, prevention of blight, and community 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 a community development project; to, within its area of operation, install, acquire, construct, reconstruct, maintain and operate, streets, utilities, parks, playgrounds, public buildings including but not limited to parking facilities, transportation centers, public safety buildings, and other public improvements or facilities as may be required by the municipality, the state or a political subdivision of the state; 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 a community 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; provided, however, that all purchases of personal property shall be in accordance with the Public Purchases Act [repealed];   

C.     within its area of operation, to inspect any building or property in any community 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 inspection is denied by the property owner or occupant to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property, or personal property for its administrative or project 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 Community Development Law. However, no statutory provisions with respect to the acquisition, clearance or disposition of real property by public bodies shall restrict a municipality, or other public body exercising powers hereunder, in the exercise of its functions with respect to a community development project, unless the legislature shall specifically so state;   

D.     to invest any community 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 municipalities may legally invest funds subject to their control; to redeem bonds as have been issued pursuant to Section 30 [ 3-60-30 NMSA 1978] of the Community Development Law 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 subject to those procedures and limitations as may be provided in the constitution of New Mexico or the Municipal Code [this chapter] 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 Community Development Law; and to give security as may be required and subject to the provisions and limitations of general law except as may otherwise be provided by the Community Development Law 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 a community 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 Community Development Law;   

F.     within its area of operation, to make all plans necessary for the carrying out of the purposes of the Community Development 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 development of the community as a whole;   

(2)     community development plans for specific areas;   

(3)     plans for programs of voluntary or assisted 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 community 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 pay 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 a community development area to the extent essential for acquiring possession of and clearing the area or its parts to permit the carrying out of the community development project;   

H.     to appropriate, under existing authority, the funds and make expenditures necessary to carry out the purposes of the Community Development Law, and under existing authority to levy taxes and assessments for such purposes; to close, vacate, plan or replan streets, roads, sidewalks, ways or other places; in accordance with applicable law or ordinances to plan or replan, zone or rezone any part of the municipality or make exceptions from building regulations; and to enter into agreements with a community development agency vested with community development project powers under Section 34 [ 3-60-34 NMSA 1978] of the Community Development Law, 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 Community Development Law;   

I.     within its area of operation, to organize, coordinate and direct the administration of the provisions of the Community Development Law as they apply to the municipality in order that the objective of remedying slum and blighted 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;   

J.     to acquire real property, in addition to power elsewhere conferred herein, which is appropriate for the preservation or restoration of historic sites; the beautification of urban land; the conservation of open spaces, natural resources and scenic areas; the provision of recreational opportunities; or is to be used for public purposes;   

K.     to engage in any or all of the following activities as part of a community development project:   

(1)     acquisition, construction, reconstruction or installation of public works, facilities and site or other improvements, including but not limited to, neighborhood facilities, senior citizen centers, historic properties, utilities, streets, street lights, water and sewer facilities including connections for residential users, foundations and platforms for air-rights sites, pedestrian malls and walkways, parks, playgrounds and other recreation facilities, flood and drainage facilities, parking facilities, solid waste disposal facilities, and fire protection or health facilities which serve designated community development areas;   

(2)     special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons;   

(3)     provision of public services in the community development area which are not otherwise available in the area including, but not limited to, the provisions of public services directed to the employment, economic development, crime prevention, child care, health, drug abuse, special education, welfare, or recreation needs of the people who reside in the community development area;   

(4)     payment of the nonfederal share of any federal grant-in-aid program to the municipality which will be a part of a community development project;   

(5)     payment of relocation costs and assistance to individuals, families, businesses, organizations and farm operations displaced as a direct result of a community development project in accordance with applicable law governing such payment; and   

(6)     payment of reasonable administrative costs and carrying charges related to the planning and execution of community development plans and projects; and   

L.     provided that all payments made by the municipality or community development agency under the terms of a contract for reconstruction or rehabilitation of private property shall be made from a special fund created for that purpose and shall not be paid directly to such property owner but shall instead be paid to the contractor by the municipality or agency from such fund upon proper authorization of the property owner and notification that the terms of the contract have been fulfilled. However, all such rehabilitation contracts shall be between the property owner and contractor after a sealed bidding procedure and award of contract approved by the municipality has taken place.