2006 New Mexico Statutes - Section 3-60-34 — Exercise of powers in carrying out projects.

3-60-34. Exercise of powers in carrying out projects.

A.     A municipality may itself exercise its community 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 community development agency, created by Section 35 [ 3-60-35 NMSA 1978] of the Community Development Law. If the local governing body so determines, the community development agency shall be vested with all of the community development powers in the same manner as though all the powers were conferred on the agency or authority instead of the municipality.   

B.     As used in this section, the term "community development project powers" includes the rights, powers, functions and duties of a municipality under the Community Development Law [ 3-60-1 to 3-60-37 NMSA 1978], except the following, which are reserved to the local governing body:   

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

(2)     the power to approve and amend community 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 make findings of necessity prior to preparation of a community development plan as provided in Section 24 [ 3-60-24 NMSA 1978] of the Community Development Law and the findings and determinations required prior to approval of a community development plan or project as provided in the Community Development Law;   

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

(6)     the power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in this subsection.