0001|                            HOUSE BILL 803
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            G. X. MCSHERRY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO MUNICIPALITIES; PROVIDING PROCEDURES TO AUTHORIZE A
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0012|     COUNTY TO GOVERN THE AFFAIRS OF A MUNICIPALITY THAT FAILS TO
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0013|     TRANSACT NECESSARY BUSINESS; DECLARING AN EMERGENCY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of the Municipal Code is enacted
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0017|     to read:
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0018|          "[<u>NEW MATERIAL</u>]  MUNICIPALITY FAILURE TO TRANSACT
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0019|     NECESSARY BUSINESS.--
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0020|               A.  If the governing body of a municipality fails
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0021|     for a period of at least three consecutive months to convene a
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0022|     quorum or transact necessary official business, the following
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0023|     procedures shall apply to allow the citizens of the
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0024|     municipality to request the board of county commissioners for
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0025|     the county in which the municipality is located to transact
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0001|     necessary business for the municipality.
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0002|               B.  A petition containing the signatures of at least
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0003|     twenty percent of the registered voters in the municipality may
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0004|     be filed with the district court that has jurisdiction over the
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0005|     municipality.  The petition may request the district court to
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0006|     enter an order finding that the governing body of the
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0007|     municipality has failed either to convene a quorum for reasons
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0008|     other than excusable absences or to transact necessary official
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0009|     business for a period of at least three consecutive months. 
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0010|     Upon a district court making such a finding and entering an
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0011|     order to that effect, the board of county commissioners for the
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0012|     county in which the municipality is located is authorized to
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0013|     enact ordinances and transact necessary official business for
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0014|     the municipality.  Such authority shall remain in effect until
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0015|     the governing body of the municipality convenes a quorum and
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0016|     transacts official business.
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0017|               C.  Nothing in this section prevents the governing
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0018|     body of a municipality from subsequently repealing or revising
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0019|     the ordinances for the municipality that were adopted or the
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0020|     business for the municipality that was transacted by a board of
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0021|     county commissioners pursuant to the provisions of this
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0022|     section.  This power to repeal ordinances or revise the
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0023|     transaction of official business is available only to the same
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0024|     extent that the governing body of the municipality could
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0025|     lawfully repeal its own ordinances or revise its own business
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0001|     decisions."
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0002|          Section 2.  EMERGENCY.--It is necessary for the public
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0003|     peace, health and safety that this act take effect immediately.
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0004|                              
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