45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MUNICIPALITIES; AMENDING THE MUNICIPAL CODE TO CLARIFY CONDITIONS FOR ANNEXATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-7-15 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-7-15) is amended to read:

"3-7-15. DUTIES OF THE MUNICIPAL BOUNDARY COMMISSION--AUTHORITY OF COMMISSION TO ANNEX--ORDER IS FINAL--REVIEW BY CERTIORARI.--

A. At the public hearing held for the purpose of determining if the territory proposed to be annexed to the municipality shall be annexed to the municipality, the municipal boundary commission shall determine if [the territory proposed to be annexed:

(1) is contiguous to the municipality; and

(2) may be provided with municipal services by the municipality to which the territory is proposed to be annexed] the following conditions exist for approval of the proposed annexation:

(1) twenty-five percent of the boundary of the territory proposed to be annexed shares a common boundary with the existing municipal boundary; and

(2) the municipality is prepared to and capable of providing police, fire and solid waste collection on the date the annexation order becomes final and all other municipal services within two and one-half years after the order at a cost payable from the municipality's general revenue sources or general obligation bonds.

B. If the municipal boundary commission determines that the conditions set forth in this section are met, the commission shall order annexed to the municipality the territory petitioned to be annexed to the municipality.

C. If the municipal boundary commission determines that only a portion of the territory petitioned to be annexed meets the conditions set forth in this section, the commission may order annexed to the municipality that portion of territory which meets the conditions set forth in this section.

D. If the municipal boundary commission determines that the conditions set forth in this section are not met, the commission shall not order the annexation to the municipality of the territory petitioned to be annexed.

E. Any order of the municipal boundary commission shall be final unless any owner of land within the territory proposed to be annexed, within thirty days after the filing of the final order in the office of the county clerk and the office of the municipal clerk, obtains review of the order by the district court."

Section 2. Section 3-7-17 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-7-17, as amended) is amended to read:

"3-7-17. ANNEXATION--PETITION BY OWNERS OF CONTIGUOUS TERRITORY--DUTY OF GOVERNING BODY--ORDINANCE--APPEAL.--

A. Except as provided in Sections 3-7-17.1 and

3-57-4 NMSA 1978, whenever a petition:

(1) seeks the annexation of [territory contiguous to a municipality] a territory of land twenty-five percent of whose boundary is shared in common with the existing boundary of the municipality;

(2) is signed by [the owners of a majority of the number of acres in the contiguous territory] a majority of the property owners of the territory proposed for annexation;

(3) is accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality; and

(4) is presented to the governing body,

the governing body shall by ordinance express its consent or rejection to the annexation of [such contiguous] the territory.

B. If the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk. After the filing, the contiguous territory is part of the municipality. The clerk of the municipality shall also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the secretary of finance and administration and to the secretary of taxation and revenue.

C. Within thirty days after the filing of the copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within thirty days after the filing of the ordinance in the office of the county clerk or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete."