46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING AN AMENDMENT TO ARTICLE 10, SECTION 11 OF THE CONSTITUTION OF NEW MEXICO REQUIRING A MAJORITY VOTE OF QUALIFIED ELECTORS RESIDING OUTSIDE THE MUNICIPAL BOUNDARIES OF ALL MUNICIPALITIES WITH A POPULATION OVER TEN THOUSAND IN THE COUNTY AND THOSE LIVING INSIDE THE BOUNDARIES OF THOSE MUNICIPALITIES IN THAT COUNTY FOR APPROVAL OF A CHARTER FOR THE CREATION OF A SINGLE URBAN GOVERNMENT.

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

Section 1. It is proposed to amend Article 10, Section 11 of the constitution of New Mexico to read:

"A. A county that is less than one thousand five hundred square miles in area and has [at the time of this amendment] a population of three hundred thousand or more, and whether or not it is an urban county pursuant to [Section 1 of this amendment] Article 10, Section 10 of this constitution, may provide for a single urban government by the following procedure:

(1) by January 1, 2003, a charter commission, composed of eleven members, shall be appointed to draft a proposed charter. Five members shall be appointed by the governing body of the county, five members shall be appointed by the municipality with a population greater than three hundred thousand and one member shall be appointed by the other ten members;

(2) the proposed charter shall:

(a) provide for the form and organization of the single urban government;

(b) designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers;

(c) provide for a transition period for elected county and city officials whose terms have not expired on the effective date of the charter; and

(d) provide for a transition period, no less than one year, to ensure the continuation of government services; and

(3) within one year after the appointment of the charter commission, the proposed charter shall be submitted to the qualified voters and, if adopted by a majority of those voters residing within the boundaries of all municipalities with a population greater than ten thousand in the county and a majority of qualified voters residing within the county, but outside the boundaries of those municipalities, the municipalities in that county with a population greater than ten thousand shall be disincorporated and the county shall be governed by a single urban government. If the proposed charter is not adopted [by a majority of the qualified voters], then another charter commission shall be appointed and another election, within twelve months of the previous election, shall be held. If the proposed charter is not adopted by a majority of the qualified voters residing within the boundaries of all municipalities with a population greater than ten thousand in the county and a majority of qualified voters residing within the county, but outside the boundaries of those municipalities, at the second or any subsequent election, then after at least two years have elapsed after the election, pursuant to this section another charter commission may be appointed and another proposed charter may be submitted to the qualified voters for approval or disapproval. [As used in this paragraph, "qualified voter" means a registered voter of the county.]

B. Upon the adoption of a charter pursuant to Subsection A of this section, any municipality within the county with a population greater than ten thousand is disincorporated and no future municipalities shall be incorporated. A county that adopts a charter pursuant to this section may exercise those powers granted to urban counties by [Section 1 of this amendment] Article 10, Section 10 of this constitution and is subject to the limitations imposed upon urban counties by that section. A county that adopts a charter pursuant to this section has the same powers to enact taxes as any other county and as any municipality had before being disincorporated pursuant to this section.

C. A municipality, with a population of ten thousand or less, in a county that has adopted a charter pursuant to this section may become a part of the single urban government by a vote of a majority of the qualified voters within the municipality voting in an election held upon the filing of a petition containing the signatures of ten percent of the registered voters of that municipality. If a majority of the voters elect to become a part of the single urban government, then the municipality is disincorporated.

D. All property, debts, employees, records and contracts of a municipality disincorporated pursuant to this section shall be transferred to the county and become the property, debts, employees, records and contracts of the

county. The rights of a municipality, disincorporated pursuant to this section, to receive taxes, fees, distributions or any other thing of value shall be transferred to the county. Any law granting any power or authorizing any distribution to a municipality disincorporated pursuant to this section shall be interpreted as granting the power or authorizing the distribution to the county.

E. The provisions of this section shall be self-executing."

Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.