2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 37 - Municipal Finances
Section 3-37-2 - Finance; authorization.
The governing body shall:
A. control the finances and property of the municipality;
B. appropriate money for municipal purposes only; and
C. provide for payment of debts and expenses of the municipality.
History: 1953 Comp., § 14-36-2, enacted by Laws 1965, ch. 300.
ANNOTATIONSPayment of tort judgment. — A city having authority to levy taxes and pay debts may be compelled by mandamus to pay a judgment for tort. Barker v. State ex rel. Napoleon, 1935-NMSC-067, 39 N.M. 434, 49 P.2d 246.
Operation of fire department. — Inasmuch as the operation of a fire department is within the corporate purposes of the municipality, a municipality has authority to appropriate and budget necessary sums for that purpose from its general fund. If this were not possible, all municipalities would be relegated to operating volunteer fire departments. 1955 Op. Att'y Gen. No. 55-6164.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 579 to 591.
Municipal funds and credits as subject to levy under execution or garnishment on judgment against municipality, 89 A.L.R. 863.
Power of board or officials to depart from literal requirements in respect of deposits or loans of public funds in their control, 104 A.L.R. 623.
62 C.J.S. Municipal Corporations § 153.
