2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 23 - Public Utilities
Section 3-23-2 - Election on question of acquiring utility.
A. No municipality shall acquire a municipal utility from funds acquired from the issuance of revenue bonds until the question of acquiring the utility is submitted, at a regular local election or special election, to a vote of the qualified electors of the municipality, and a majority of the votes cast on the question favors the acquisition of the utility. No special election shall be set for a date ninety days prior to the day of a regular local election. The acquisition by a municipality, which owns municipal electric facilities on July 1, 1979, of a generating facility or any interest in a jointly owned generating facility from funds acquired from the issuance of revenue bonds shall not be subject to the election requirement of this section.
B. Each question shall be listed separately on the ballot. The ballot shall:
(1) contain a general description of the property to be acquired; and
(2) allow each voter to indicate whether the voter favors or opposes the acquisition.
C. The election shall be called and conducted as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978].
D. If a majority of the votes cast on the question favors the acquisition of the utility, the governing body may acquire the utility.
E. If, pursuant to Article 9, Section 12 of the constitution of New Mexico and Sections 3-30-1 through 3-30-9 NMSA 1978, the qualified electors of the municipality and nonresident municipal electors have voted in favor of creating a debt for the acquisition of a municipal utility and the municipality has incurred the debt, the municipality need not hold the election required in this section and it shall be presumed that the acquisition of a municipal utility has been approved, or, if the municipality has owned and operated a municipal utility for a period of more than one year, it shall be presumed that the acquisition of the municipal utility has been approved.
History: 1953 Comp., § 14-22-2, enacted by Laws 1965, ch. 300; 1979, ch. 260, § 2; 2018, ch. 79, § 63.
ANNOTATIONSCross references. — For time of holding regular municipal election, see 3-8-25 NMSA 1978.
The 2018 amendment, effective July 1, 2018, revised the citation form in reference to the Local Election Act, and made technical changes; in Subsection A, after each occurrence of "regular", deleted "municipal" and added "local"; added subsection designation "C." and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection C, after "as provided in", deleted "Sections 3-8-1 through 3-8-19 NMSA 1978" and added "the Local Election Act".
Approval of indebtedness required by election. — The town of Hagerman may borrow money from the farmers home administration to acquire a water system; however, the note or certificate of indebtedness given to the farmers home administration must provide that it will be paid solely from the revenues produced by the water system without incurring any liability to pay the indebtedness out of the general funds of the municipality unless the voters of the municipality have approved of the indebtedness in a general or special election. 1967 Op. Att'y Gen. No. 67-84.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations §§ 1051, 1052; 64 C.J.S. Municipal Corporations § 1907.
