2021 New Mexico Statutes
Chapter 3 - Municipalities
Article 17 - Ordinances
Section 3-17-4 - Ordinances; roll call vote; adoption.

A. If a majority of all the members of the governing body vote in favor of adopting the ordinance or resolution, it is adopted. The municipal clerk shall record in the minutes book the vote of each member of the governing body on each ordinance or resolution.

B. Within three days after the adoption of an ordinance or resolution, the mayor shall validate the ordinance or resolution by endorsing "Approved" upon the ordinance or resolution and signing the ordinance or resolution.

History: 1953 Comp., § 14-16-3, enacted by Laws 1965, ch. 300.

Plaintiff's action insufficient to invoke estoppel against defendant from raising invalidity of ordinance. — Plaintiff's entering into preliminary negotiations with prospective clients after the day the ordinance would have become effective had the statutory prerequisites been complied with, by itself, was an insufficient change in position to invoke equitable estoppel against defendant city council from raising the invalidity of the ordinance, which had not been properly enacted under this section. Dale J. Bellamah Corp. v. City of Santa Fe, 1975-NMSC-045, 88 N.M. 288, 540 P.2d 218.

Sufficiency of approval. — The word "Approved" in a resolution, followed by a blank line for the purpose of writing the date, and signed by the mayor, was sufficient. City of Albuquerque v. Water Supply Co., 1918-NMSC-088, 24 N.M. 368, 174 P. 217.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 357 to 360.

At what stage does an ordinance pass beyond the power of the legislative body to reconsider or recall, 96 A.L.R. 1309.

62 C.J.S. Municipal Corporations §§ 255 to 258, 265 to 267.