2006 New Mexico Statutes - Section 59A-53-5 — Establishment of county fire districts.

59A-53-5. Establishment of county fire districts.

A.     The county commissioners of any county may establish one or more county fire districts within the county but outside the corporate limits of any municipality.  The marshal shall determine the number of fire stations and substations located in each county fire district to be certified and shall certify to the state treasurer the amount to be distributed to each county fire district for the purpose of maintaining each fire station and each substation, if any, that meets the requirements of the marshal and the requirements of this section.  Unless adjusted pursuant to Section 59A-53-5.1 NMSA 1978, the amounts distributed in a fiscal year for a class insurance rating shall equal the following:  

     class main station substation       number 1 $ 82,592 $ 30,606       number 2 77,086 28,780       number 3 70,919 26,724       number 4 64,751 24,667       number 5 61,667 22,612       number 6 58,584 20,555       number 7 55,501 19,530       number 8 52,418 18,502       number 9 39,058 15,425       number 10 34,944 none.   

B.     Additionally, prior to the disbursement of any funds, the following must be established to the satisfaction of the marshal: 

(1)     the county fire district has maintained an official fire department for a period of at least one year, established and governed by appropriate resolution of the board of county commissioners of the county in which the county fire district is located, and possesses fire apparatus and equipment in serviceable condition to respond to a fire incident; 

(2)     the geographic limits and boundaries of the county fire district have been clearly defined and established by the board of county commissioners of the county in which the county fire district is located, and a plat showing the geographic limits and boundaries has been accepted by the board of county commissioners and filed as part of the official record of proceedings of the board and a certified copy thereof filed with the marshal; and 

(3)     there is available within the geographic limits and boundaries of the county fire district an adequate water supply to be used in connection with the firefighting facilities of the county fire district.  

C.     The county commissioners of any county may permit a county fire district located in the county to service an area adjacent and contiguous to the district but within another county; provided that the county commissioners of the other county shall consent by resolution duly adopted to the service and to the boundaries of the other area serviced.  Before commencement of service, a plat showing the geographic limits and boundaries of the county fire district and of the additional area to be serviced shall be filed with and approved by the marshal.  The county commissioners of either the county in which the county fire district is located or of the county in which the area being serviced is located may terminate the service but only with the approval of the marshal.