HOUSE BILL 106
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Zachary J. Cook
AN ACT
RELATING TO MUNICIPALITIES; AMENDING THE MUNICIPAL CODE TO INCREASE THE VALUE OF REAL PROPERTY THAT A MUNICIPALITY MAY LEASE OR SELL; INCREASING THE VALUE OF PERSONAL PROPERTY THAT A MUNICIPALITY MAY SELL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-54-1 NMSA 1978 (being Laws 1983, Chapter 115, Section 1, as amended) is amended to read:
"3-54-1. AUTHORITY TO SELL OR LEASE MUNICIPAL UTILITY FACILITIES OR REAL PROPERTY--NOTICE--REFERENDUM.--
A. A municipality may lease or sell and exchange any municipal utility facilities or real property having a value of [twenty-five thousand dollars ($25,000)] two hundred fifty thousand dollars ($250,000) or less by public or private sale or lease any municipal facility or real property of any value normally leased in the regular operations of such facility or real property, and such sale or lease shall not be subject to referendum.
B. A municipality may lease or sell and exchange any municipal utility facilities or real property having an appraised value in excess of [twenty-five thousand dollars ($25,000)] two hundred fifty thousand dollars ($250,000) by public or private sale or lease, subject to the referendum provisions set forth in this section. The value of municipal utility facilities or real property to be leased or sold and exchanged shall be determined by the appraised value of the municipal utility facilities or real property and not by the value of the lease. An appraisal shall be made by a qualified appraiser and submitted in writing to the governing body. If the sale price is less than the appraised value, the governing body shall cause a detailed written explanation of that difference to be prepared, and the written explanation shall be made available to any interested member of the public upon demand.
C. If a public sale is held, the bid of the highest responsible bidder shall be accepted unless the terms of the bid do not meet the published terms and conditions of the proposed sale, in which event the highest bid which does meet the published terms and conditions shall be accepted; provided, however, a municipality may reject all bids. Terms and conditions for a proposed public sale or lease shall be published at least twice, not less than seven days apart, with the last publication no less than fourteen days prior to the bid opening, and in accordance with the provisions of Subsection J of Section 3-1-2 NMSA 1978.
D. Any sale or lease of municipal utility facilities or real property entered into pursuant to Subsection B of this section shall be by ordinance of the municipality. Such an ordinance shall be effective forty-five days after its adoption, unless a referendum election is held pursuant to this section. The ordinance shall be published prior to adoption pursuant to the provisions of Subsection J of Section 3-1-2 NMSA 1978 and Section 3-17-3 NMSA 1978 and shall be published after adoption at least once within one week after adoption pursuant to the provisions of Subsection J of Section 3-1-2 NMSA 1978. Such publications shall concisely set forth at least:
(1) the terms of the sale or lease;
(2) the appraised value of the municipal utility facilities or real property;
(3) the time and manner of payments on the lease or sale;
(4) the amount of the lease or sale;
(5) the identities of the purchasers or lessees; and
(6) the purpose for the municipality making the lease or sale.
E. In order to call for a referendum election on a sale or lease ordinance, a petition shall be filed with the municipal clerk:
(1) no later than thirty days after the adoption of the sale or lease ordinance;
(2) containing the names, addresses and signatures of at least fifteen percent of the qualified electors of the municipality; and
(3) containing the following heading on each page of the petition reprinted as follows:
"PETITION FOR A REFERENDUM
We, the undersigned registered voters of . . . . . . . . . . . . . . . . . . . . . . . . . . . (insert name of municipality) petition the governing body of . . . . . . . . . . . . . . . . . . . . . . . (insert name of municipality) to conduct a referendum election on ordinance number . . . . . . . . Ordinance number . . . . . . . . would cause a . . . . . . . . . . . . . . . . . (insert "sale" or "lease") of municipal . . . . . . . . . . . . . . . . . . . . (insert "real property" or "utility facilities").
Date Name (printed) Address Signature."
F. Section 3-1-5 NMSA 1978 shall apply to all petitions filed calling for a referendum election on a sale or lease ordinance.
G. If the municipal clerk certifies to the municipal governing body that the petition does contain the minimum number of valid names, addresses and signatures required to call a referendum election on the sale or lease ordinance, the municipal governing body shall adopt an election resolution within fourteen days after the date the clerk makes such certification, calling for a referendum election on the sale or lease ordinance. The election resolution shall be adopted and published pursuant to the provisions of the Municipal Election Code governing special elections and shall also concisely set forth:
(1) the terms of the sale or lease;
(2) the appraised value of the municipal utility facilities or real property;
(3) the time and manner of payments on the lease or sale;
(4) the amount of the lease or sale;
(5) the identities of all purchasers or lessees; and
(6) the purpose for the municipality making the lease or sale.
H. The referendum election on the sale or lease ordinance shall be held not later than ninety days after the election resolution is adopted. Such election shall be held at a special or regular municipal election and shall be conducted as a special election in the manner provided in the Municipal Election Code. Any qualified elector of the municipality may vote in such a referendum election.
I. If a majority of the votes cast are to approve the sale or lease ordinance, the sale or lease ordinance shall be effective after the election results have been canvassed and certified. If a majority of the votes cast are to disapprove the sale or lease ordinance, the ordinance shall not be effective."
SECTION 2. Section 3-54-2 NMSA 1978 (being Laws 1967, Chapter 126, Section 1, as amended) is amended to read:
"3-54-2. SALE, EXCHANGE AND GIFT OF PROPERTY.--
A. A municipality may sell personal property for cash at public or private sale without notice where it is shown to the governing body that such property does not exceed the value of [two thousand five hundred dollars ($2,500)] twenty-five thousand dollars ($25,000).
B. A municipality may sell personal property having a value of more than [two thousand five hundred dollars ($2,500)] twenty-five thousand dollars ($25,000) at public or private sale. If a private sale is held under this subsection, such sale shall be held only after notice is published at least twice, pursuant to the provisions of Subsection J of Section 3-1-2 NMSA 1978, not less than seven days apart, with the last publication not less than fourteen days prior to the sale.
C. If a public sale is held, the bid of the highest responsible bidder shall be accepted unless the terms of the bid do not meet the published terms and conditions of the municipality, in which event the highest bid which does meet the published terms and conditions shall be accepted; provided, however, a municipality may reject all bids. Terms and conditions for a proposed sale or lease shall be published at least twice, not less than seven days apart, with the last publication no less than fourteen days prior to the bid opening, and shall be published according to the provisions of Subsection J of Section 3-1-2 NMSA 1978.
D. A municipality may sell, at a private or public sale, exchange or donate real or personal property to the state, to any of its political subdivisions or to the federal government if such sale, exchange or gift is in the best interests of the public and is approved by the local government division of the department of finance and administration. The provisions of Section 6-6-11 NMSA 1978 shall not apply to such sale, exchange or a donation."
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