0001|                           SENATE BILL 926
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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|                           MANNY M. ARAGON
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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 COUNTIES; AMENDING A SECTION OF THE COUNTY
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0012|     INDUSTRIAL REVENUE BOND ACT TO REMOVE A PROVISION REQUIRING
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0013|     PRIOR MUNICIPAL APROVAL FOR CERTAIN COUNTY PROJECTS.
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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.  Section 4-59-4 NMSA 1978 (being Laws 1975,
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0017|     Chapter 286, Section 4, as amended) is amended to read:
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0018|          "4-59-4.  ADDITIONAL POWERS CONFERRED ON COUNTIES.--In
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0019|     addition to any other powers which it may now have, each county
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0020|     shall have the following powers:
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0021|               A.  to acquire, whether by construction, purchase,
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0022|     gift or lease, one or more projects, which shall be located
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0023|     within this state and shall be located within the county
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0024|     outside the boundaries of any incorporated municipality;
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0025|     <s>[provided, however, any project located within fifteen miles
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<s></s>0001| <s>    of a municipality shall be subject to prior approval of the
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<s></s>0002| <s>    governing body of the largest municipality within the same
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<s></s>0003| <s>    county and within the fifteen-mile zone;]</s>
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0004|               B.  to sell or lease or otherwise dispose of any or
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0005|     all of its projects upon such terms and conditions as the
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0006|     commission may deem advisable and as shall not conflict with
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0007|     the provisions of the County Industrial Revenue Bond Act; and
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0008|               C.  to issue revenue bonds for the purpose of
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0009|     defraying the cost of acquiring, by construction and purchase,
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0010|     or either, any project, and to secure the payment of such
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0011|     bonds, all as <s>[hereinafter]</s> provided <u>in the County
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<u></u>0012| <u>    Industrial Revenue Bond Act</u>.  No county shall have the power
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0013|     to operate any project as a business or in any manner except as
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0014|     lessor thereof."
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0015|                                - 2 -                       State of New Mexico
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0016|                      House of Representatives
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0017|   
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0018|                      FORTY-THIRD LEGISLATURE
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0019|                        FIRST SESSION, 1997
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0020|   
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0021|   
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0022|                                                  March 13, 1997
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0023|   
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0024|   
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0025|   Mr. Speaker:
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0001|   
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0002|        Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0003|   whom has been referred
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0004|   
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0005|                       SENATE BILL 926
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0006|                               
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0007|   has had it under consideration and reports same with
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0008|   recommendation that it DO PASS, and thence referred to the
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0009|   APPROPRIATIONS AND FINANCE COMMITTEE.
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0010|   
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0011|                                 Respectfully submitted,
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0012|   
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0013|   
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0014|   
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0015|                                 <u>                                
</u>    |
<u></u>0016| <u>  
</u>    |
<u></u>0017| <u>                                </u>                             Lynda M. Lovejoy, Chairwoman
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0018|   
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0019|   
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0020|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0021| <u>   </u>
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0022|             (Chief Clerk)                       (Chief Clerk)
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0023|   
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0024|                        Date <u>            </u>
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0025|   
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0001|   The roll call vote was<u> 6 </u> For<u> 0 </u> Against
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0002|   Yes:      6
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0003|             Excused:  Hobbs, Pederson
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0004|             Absent:   None
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0005|   
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0006|   
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0007|   G:\BILLTEXT\BILLW_97\S0926                       State of New Mexico
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0008|                      House of Representatives
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0009|   
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0010|                      FORTY-THIRD LEGISLATURE
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0011|                        FIRST SESSION, 1997
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0012|   
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0013|   
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0014|                                                  March 18, 1997
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0015|   
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0016|   
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0017|   Mr. Speaker:
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0018|   
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0019|        Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0020|   whom has been referred
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0021|   
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0022|                       SENATE BILL 926
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0023|                               
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0024|   has had it under consideration and reports same with
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0025|   recommendation that it DO PASS, amended as follows:
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0001|   
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0002|        1.  On page 1, line 11, strike "A SECTION" and insert in
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0003|   lieu thereof "AND ENACTING SECTIONS".
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0004|   
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0005|        2.  On page 1, line 12, after "ACT" insert "AND THE
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0006|   INDUSTRIAL REVENUE BOND ACT".
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0007|   
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0008|        3.  On page 1, line 13, strike "APROVAL"  and insert in lieu
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0009|   thereof "APPROVAL".
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0010|   
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0011|        4.  On page 1, line 13, after "PROJECTS" insert "AND PROVIDE
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0012|   NOTICE BETWEEN COUNTIES AND MUNICIPALITIES FOR CERTAIN PROJECTS;
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0013|   PROVIDING FOR DEVELOPMENT OF JOINT CRITERIA FOR ISSUANCE OF 
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0014|   INDUSTRIAL REVENUE BONDS". 
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0015|   
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0016|        5.  On page 1, between lines 15 and 16, insert the following
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0017|   new sections:
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0018|   
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0019|        "Section 1.  Section 3-32-2 NMSA 1978 (being Laws 1967,
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0020|   Chapter 84, Section 1) is amended to read:
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0021|   
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0022|        "3-32-2.  SHORT TITLE. <s>[Sections 14-31-1 through 14-31-13
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<s></s>0023| <s>  New Mexico Statutes Annotated, 1953 Compilation]</s> <u>Chapter 3,
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<u></u>0024| <u>  Article 32</u> NMSA 1978 may be cited as the "Industrial Revenue
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0025|   Bond Act"."
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0001|   
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0002|   
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0003|        Section 2.  A new section of the Industrial Revenue Bond Act
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0004|   is enacted to read:
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0005|   
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0006|        "[<u>NEW MATERIAL</u>]  MUNICIPALITY OVER TWO HUNDRED THOUSAND--
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0007|   NOTICE TO COUNTY.--
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0008|             
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0009|             A.  Prior to adopting an ordinance issuing industrial
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0010|   revenue bonds in a municipality with a population in excess of
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0011|   two hundred thousand, the municipality shall give notice to the
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0012|   county of its intent to consider the matter.  The county shall be
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0013|   notified at least thirty days prior to the meeting at which final
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0014|   action is to be taken so that comments can be transmitted by the
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0015|   county to the municipality.
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0016|   
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0017|             B.  The county shall be able to forward its comments
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0018|   and any concerns to the city council, but there is no approval
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0019|   required from the county, and the county does not have veto over
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0020|   the proposed industrial revenue bond issuance.
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0021|   
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0022|             C.  The municipality and county shall jointly develop
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0023|   criteria for issuance of industrial revenue bonds by either
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0024|   government; provided, however, that industrial revenue bonds may
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0025|   be authorized and issued before development of the criteria is
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0001|   completed."
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0002|   
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0003|        Section 3.  Section 4-59-1 NMSA 1978 (being Laws 1975, Chap-
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0004|   
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0005|   ter 286, Section 1) is amended to read:
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0006|   
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0007|        "4-59-1.  SHORT TITLE. <s>[This act]</s> <u>Chapter 4, Article 59
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<u></u>0008| <u>  NMSA 1978</u> may be cited as the "County Industrial Revenue Bond
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0009|   Act"."
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0010|   
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0011|        Section 4.  A new section of the County Industrial Revenue
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0012|   Bond Act is enacted to read:
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0013|   
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0014|        "[<u>NEW MATERIAL</u>]  CLASS A COUNTY--NOTICE TO MUNICIPALITY
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0015|   OVER TWO HUNDRED THOUSAND.--
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0016|             
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0017|             A.  Prior to adopting an ordinance issuing county
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0018|   industrial revenue bonds, a class A county shall give notice to a
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0019|   municipality with a population in excess of two hundred thousand
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0020|   located within the county of its intent to consider the matter. 
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0021|   The municipality shall be notified at least thirty days prior to
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0022|   the meeting at which final action is to be taken so that comments
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0023|   can be transmitted by the municipality to the county.
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0024|   
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0025|             B.  The municipality shall be able to forward its
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0001|   comments and any concerns to the board of county commissioners,
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0002|   but there is no approval required from the municipality and the
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0003|   municipality does not have veto over the proposed county
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0004|   industrial revenue bond issuance.
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0005|   
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0006|             C.  The county and the municipality shall jointly
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0007|   develop criteria for issuance of industrial revenue bonds by
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0008|   either government; provided, however, that county industrial
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0009|   revenue bonds may be authorized and issued before development of
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0010|   the criteria is completed."".
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0011|   
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0012|   
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0013|        6.  Renumber the succeeding section accordingly.
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0014|   
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0015|   
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0016|   
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0017|   
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0018|                                 Respectfully submitted,
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0019|   
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0020|   
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0021|   
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0022|                                                               <u>                                
</u>    |
<u></u>0023| <u>                                </u>
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0024|                                                               Max Coll, Chairman
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0025|   
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0001|   
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0002|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0003| <u>   </u>
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0004|             (Chief Clerk)                       (Chief Clerk)
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0005|   
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0006|                        Date <u>            </u>
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0007|   
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0008|   The roll call vote was<u> 14 </u> For<u> 0 </u> Against
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0009|   Yes:      14
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0010|             Excused:  Bird, Heaton, Salazar
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0011|             Absent:   None
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0012|   
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0013|   
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0014|   .117880.1
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0015|   G:\BILLTEXT\BILLW_97\S0926
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