0001| HOUSE BILL 851 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| BEN LUJAN | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO TRADITIONAL HISTORIC COMMUNITIES; AMENDING SECTIONS | 0012| OF THE NMSA 1978; DECLARING AN EMERGENCY. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 3-2-3 NMSA 1978 (being Laws 1965, | 0016| Chapter 300, Section 14-2-3, as amended) is amended to read: | 0017| "3-2-3. URBANIZED TERRITORY--INCORPORATION LIMITED WITHIN | 0018| URBANIZED TERRITORY.-- | 0019| A. Urbanized territory is that territory within the | 0020| same county and within five miles of the boundary of any | 0021| municipality having a population of five thousand or more | 0022| persons and that territory within the same county and within | 0023| three miles of a municipality having a population of less than | 0024| five thousand persons, except that territory in a class B | 0025| county with a population between ninety-five thousand and | 0001| ninety-nine thousand five hundred, based on the 1990 federal | 0002| decennial census, declared by an ordinance of the board of | 0003| county commissioners to be a traditional historic community | 0004| shall not be considered urbanized territory and shall not be | 0005| annexed by a municipality unless it is considered for | 0006| annexation pursuant to a petition requesting annexation signed | 0007| by a majority of the registered qualified electors or real | 0008| property owners within the traditional historic community. | 0009| B. No territory within an urbanized territory shall | 0010| be incorporated as a municipality unless the: | 0011| (1) municipality or municipalities causing the | 0012| urbanized territory approve, by resolution, the incorporation | 0013| of the territory as a municipality; | 0014| (2) residents of the territory proposed to be | 0015| incorporated have filed with the municipality a valid petition | 0016| to annex the territory proposed to be incorporated and the | 0017| municipality fails, within one hundred twenty days after the | 0018| filing of the annexation petition, to annex the territory | 0019| proposed to be incorporated; or | 0020| (3) residents of the territory proposed to be | 0021| annexed conclusively prove that the municipality is unable to | 0022| provide municipal services within the territory proposed to be | 0023| incorporated within the same period of time that the proposed | 0024| municipality could provide municipal service. | 0025| C. A traditional historic community may become | 0001| incorporated even though it is located within what is defined | 0002| as urbanized territory pursuant to Subsection A of this | 0003| section, by following the procedures set forth in Sections | 0004| 3-2-5 through 3-2-9 NMSA 1978. | 0005| D. For purposes of this section, "real property | 0006| owner" means a person who holds legal title to or is acquiring | 0007| legal title to pursuant to a mortgage or real estate contract | 0008| an interest of greater than fifty-one percent in either land or | 0009| land and the improvements on the land." | 0010| Section 2. Section 3-7-1 NMSA 1978 (being Laws 1965, | 0011| Chapter 300, Section 14-7-1, as amended by Laws 1995, Chapter | 0012| 170, Section 2 and also by Laws 1995, Chapter 211, Section 1) | 0013| is amended to read: | 0014| "3-7-1. METHODS OF ANNEXATION.-- | 0015| A. There shall be three methods of annexing | 0016| territory to a municipality: | 0017| (1) the arbitration method as provided in | 0018| Sections 3-7-5 through 3-7-10 NMSA 1978; | 0019| (2) the boundary commission method as provided | 0020| in Sections 3-7-11 through 3-7-16 NMSA 1978; and | 0021| (3) the petition method as provided in Section | 0022| 3-7-17 NMSA 1978. | 0023| B. Territory may be annexed to a municipality by | 0024| any one of the three methods of annexation provided for in | 0025| Sections 3-7-5 through 3-7-18 NMSA 1978 except where | 0001| limitations of annexation are provided by law. The provisions | 0002| of this section apply to annexations of all municipalities | 0003| except those that are otherwise specifically provided by law. | 0004| The arbitration method of annexation may be used for municipal | 0005| annexation of a traditional historic community only upon | 0006| petition of a majority of the registered qualified electors of | 0007| the territory within the traditional historic community. | 0008| C. A person who holds legal title to or is | 0009| acquiring legal title to real property contiguous to the | 0010| boundary of a municipality may petition that municipality to | 0011| annex that person's real property even if the real property is | 0012| located within a traditional historic community." | 0013| Section 3. Section 3-7-1.1 NMSA 1978 (being Laws 1995, | 0014| Chapter 170, Section 5 and Laws 1995, Chapter 211, Section 4) | 0015| is amended to read: | 0016| "3-7-1.1. TRADITIONAL HISTORIC COMMUNITY-- | 0017| QUALIFICATIONS--ANNEXATION RESTRICTIONS.-- | 0018| A. To qualify as a traditional historic community, | 0019| an area shall: | 0020| (1) be an unincorporated area of a class B | 0021| county with a population between ninety-five thousand and | 0022| ninety-nine thousand five hundred, based on the 1990 federal | 0023| decennial census; | 0024| (2) be an identifiable village, community, | 0025| neighborhood or district that can be documented as having | 0001| existed for more than one hundred years; | 0002| (3) include specific or material structures | 0003| or landmarks that are associated with the identity of the | 0004| specific village, community, neighborhood or district seeking | 0005| designation as a traditional historic community; | 0006| (4) have a distinctive character or | 0007| traditional quality that can be distinguished from surrounding | 0008| areas or new developments in the vicinity; and | 0009| (5) be declared a traditional historic | 0010| community by an ordinance of the board of county commissioners | 0011| of the county in which the petitioning village, community, | 0012| neighborhood or district is located. | 0013| B. A traditional historic community may be annexed | 0014| by a municipality only by petition of a majority of the | 0015| registered qualified electors or real property owners of the | 0016| territory within the traditional historic community proposed to | 0017| be annexed by the municipality or by the arbitration method of | 0018| annexation only upon petition of a majority of the registered | 0019| qualified electors or real property owners of the territory | 0020| within the traditional historic community. | 0021| C. A person who holds legal title to or is | 0022| acquiring legal title to real property contiguous to the | 0023| boundary of a municipality may petition that municipality to | 0024| annex that person's real property even if the real property is | 0025| located within a traditional historic community. | 0001| D. For purposes of this section, "real property | 0002| owner" means a person who holds legal title to or is acquiring | 0003| legal title to pursuant to a mortgage or real estate contract | 0004| an interest of greater than fifty-one percent in either land or | 0005| land and the improvements on the land." | 0006| Section 4. Section 3-7-11 NMSA 1978 (being Laws 1965, | 0007| Chapter 300, Section 14-7-11, as amended by Laws 1995, Chapter | 0008| 170, Section 3 and also by Laws 1995, Chapter 211, Section 2) | 0009| is amended to read: | 0010| "3-7-11. MUNICIPAL BOUNDARY COMMISSION--PURPOSE.-- | 0011| A. The purpose of Sections 3-7-11 through 3-7-16 | 0012| NMSA 1978 is to establish an independent commission known as | 0013| the "municipal boundary commission" to determine the annexation | 0014| of territory to a municipality whenever: | 0015| (1) the municipality petitions the municipal | 0016| boundary commission to annex territory to the municipality; or | 0017| (2) a majority of the landowners of the | 0018| territory proposed to be annexed petition the municipal | 0019| boundary commission to annex the territory to the municipality. | 0020| B. The municipal boundary commission shall hear a | 0021| request for municipal annexation of a traditional historic | 0022| community only upon petition of a majority of the qualified | 0023| electors or real property owners of the territory within the | 0024| traditional historic community. | 0025| C. For purposes of this section, "real property | 0001| owner" means a person who holds legal title to or is acquiring | 0002| legal title to pursuant to a mortgage or real estate contract | 0003| an interest of greater than fifty-one percent in either land or | 0004| land and the improvements on the land." | 0005| Section 5. Section 3-21-1 NMSA 1978 (being Laws 1965, | 0006| Chapter 300, Section 14-20-1, as amended by Laws 1995, Chapter | 0007| 170, Section 4 and also by Laws 1995, Chapter 211, Section 3) | 0008| is amended to read: | 0009| "3-21-1. ZONING--AUTHORITY OF COUNTY OR | 0010| MUNICIPALITY REFERENDUM.-- | 0011| A. For the purpose of promoting health, safety, | 0012| morals or the general welfare, a county or municipality is a | 0013| zoning authority and may regulate and restrict within its | 0014| jurisdiction the: | 0015| (1) height, number of stories and size of | 0016| buildings and other structures; | 0017| (2) percentage of a lot that may be occupied; | 0018| (3) size of yards, courts and other open | 0019| space; | 0020| (4) density of population; and | 0021| (5) location and use of buildings, structures | 0022| and land for trade, industry, residence or other purposes. | 0023| B. The county or municipal zoning authority may: | 0024| (1) divide the territory under its | 0025| jurisdiction into districts of such number, shape, area and | 0001| form as is necessary to carry out the purposes of Sections 3- | 0002| 21-1 through 3-21-14 NMSA 1978; and | 0003| (2) regulate or restrict the erection, | 0004| construction, reconstruction, alteration, repair or use of | 0005| buildings, structures or land in each district. All such | 0006| regulations shall be uniform for each class or kind of | 0007| buildings within each district, but regulation in one district | 0008| may differ from regulation in another district. | 0009| C. All state-licensed or state-operated community | 0010| residences for the mentally ill or developmentally disabled | 0011| serving ten or fewer persons may be considered a residential | 0012| use of property for purposes of zoning and may be permitted use | 0013| in all districts in which residential uses are permitted | 0014| generally, including particularly residential zones for single- | 0015| family dwellings. | 0016| D. A board of county commissioners of the county in | 0017| which the greatest portion of the territory of the petitioning | 0018| village, community, neighborhood or district lies may declare | 0019| by ordinance that a village, community, neighborhood or | 0020| district is a "traditional historic community" ~~[upon]~~ if a | 0021| majority of the registered qualified electors in a village, | 0022| community, neighborhood or district vote in favor of becoming a | 0023| traditional historic community in a referendum on the question | 0024| of whether the village, community, neighborhood or district | 0025| should become designated as a traditional historic community. | 0001| The referendum shall be called for in a petition signed by | 0002| twenty-five percent or more of the registered qualified | 0003| electors or real property owners of the territory within the | 0004| village, community, neighborhood or district requesting the | 0005| designation. The referendum shall be held within ninety days | 0006| following the date on which the board of county commissioners | 0007| receives the petition of verified signatures and according to | 0008| the provisions governing special elections. The number of | 0009| registered qualified electors and real property owners shall | 0010| be based on county records as of the date of the last general | 0011| election. | 0012| E. Any village, community, neighborhood or district | 0013| that is declared a traditional historic village shall be | 0014| excluded from the extraterritorial zone and extraterritorial | 0015| zoning authority of any municipality whose extraterritorial | 0016| zoning authority extends to include all or a portion of the | 0017| traditional historic community and shall be subject to the | 0018| zoning jurisdiction of the county in which the greatest portion | 0019| of the traditional historic community lies. | 0020| F. For purposes of this section, "real property | 0021| owner" means a person who holds legal title to or is acquiring | 0022| legal title to pursuant to a mortgage or real estate contract | 0023| an interest of greater than fifty-one percent in either land or | 0024| land and the improvements on the land." | 0025| Section 6. EMERGENCY.--It is necessary for the public | 0001| peace, health and safety that this act take effect immediately. | 0002| State of New Mexico | 0003| House of Representatives | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| February 27, 1997 | 0010| | 0011| | 0012| Mr. Speaker: | 0013| | 0014| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to | 0015| whom has been referred | 0016| | 0017| HOUSE BILL 851 | 0018| | 0019| has had it under consideration and reports same with | 0020| recommendation that it DO PASS, amended as follows: | 0021| | 0022| 1. On page 3, line 6, strike "to". | 0023| | 0024| 2. On page 3, line 7, strike the first occurrence of | 0025| "to". | 0001| | 0002| 3. On page 3, line 7, after "contract" insert a period, | 0003| strike the remainder of the line and all of lines 8 and 9. | 0004| | 0005| 4. On page 6, line 2, strike "to". | 0006| | 0007| 5. On page 6, line 3, strike the first occurrence of | 0008| "to". | 0009| | 0010| 6. On page 6, line 3, after "contract" insert a period, | 0011| strike the remainder of the line and all of lines 4 and 5. | 0012| | 0013| 7. On page 7, line 1, strike "to". | 0014| | 0015| 8. On page 7, line 2, strike the first occurrence of | 0016| "to". | 0017| | 0018| 9. On page 7, line 2, after "contract" insert a period, | 0019| strike the remainder of the line and all of lines 3 and 4. | 0020| | 0021| 10. On page 8, line 19, before the underscored "if" insert | 0022| "or change the boundaries of a traditional historic community". | 0023| | 0024| 11. On page 9, line 19, strike "to". | 0025| | 0001| 12. On page 9, line 20, strike the first occurrence of | 0002| "to". | 0003| | 0004| 13. On page 9, line 20, after "contract" insert a period, | 0005| strike the remainder of the line and all of lines 21 and 22. | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| Lynda M. Lovejoy, Chairwoman | 0014| | 0015| | 0016| Adopted Not Adopted | 0017| | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| Date | 0021| | 0022| The roll call vote was 7 For 0 Against | 0023| Yes: 7 | 0024| Excused: Wallace | 0025| Absent: None | 0001| | 0002| | 0003| | 0004| G:\BILLTEXT\BILLW_97\H0851 |