0001| SENATE BILL 1144
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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 LOCAL GOVERNMENTS; AMENDING THE NMSA 1978 TO
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0012| REQUIRE CONSENT OF THE BOARD OF COUNTY COMMISSIONERS OF A CLASS
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0013| A COUNTY TO AN ANNEXATION BY ANY MUNICIPALITY LOCATED IN THE
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0014| COUNTY THAT HAS A POPULATION OF TWO HUNDRED THOUSAND PERSONS OR
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0015| MORE.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 3-57-5 NMSA 1978 (being Laws 1967,
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0019| Chapter 248, Section 5) is amended to read:
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0020| "3-57-5. ANNEXATION BY PETITION TO MUNICIPALITY--
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0021| INFRASTRUCTURE EXTENSION PLAN.--
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0022| A. The governing body of a municipality located
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0023| within a class A county with a population of two hundred
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0024| thousand or more persons shall by ordinance express its consent
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0025| to or rejection of the annexation of territory of the county by
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0001| ordinance whenever a petition:
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0002| (1) seeks the annexation of county territory
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0003| to [a] the municipality [in a Class A county];
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0004| (2) is signed by the owners of a majority of
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0005| the number of acres in [such] the county territory proposed
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0006| to be annexed;
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0007| (3) is signed by a majority of the owners of
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0008| land in [such] the county territory proposed to be
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0009| annexed;
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0010| (4) is accompanied by a map [which shall
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show] that shows the external boundary of the county
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0012| territory proposed to be annexed and the relationship of
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0013| [the] that territory [proposed to be annexed] to the
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0014| existing boundary of the municipality; [and]
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0015| (5) is presented to the governing body of
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0016| [such] the municipality [the governing body shall by
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ordinance express its consent or rejection to the annexation of
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such territory];
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0019| (6) is evaluated by the municipality for
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0020| infrastructure needs, and the municipality completes and
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0021| approves a written feasibility plan demonstrating the
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0022| municipality's willingness, plans and capability, both
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0023| financial and technical, to extend and install water and sewer
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0024| facilities into the territory for which annexation is
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0025| petitioned, including the intended completion date for such
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0001| extensions; and
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0002| (7) is then presented to the board of county
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0003| commissioners of the county in which the municipality is
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0004| located and that board by resolution consents to the
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0005| annexation.
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0006| B. The governing body of a municipality located
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0007| within a class A county with a population of less than two
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0008| hundred thousand persons shall by ordinance express its consent
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0009| to or rejection of the annexation of territory of the county
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0010| whenever a petition:
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0011| (1) seeks the annexation of county territory
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0012| to the municipality;
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0013| (2) is signed by the owners of a majority of
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0014| the number of acres in the county territory proposed to be
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0015| annexed;
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0016| (3) is signed by a majority of the owners of
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0017| land in the county territory proposed to be annexed;
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0018| (4) is accompanied by a map that shows the
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0019| external boundary of the county territory proposed to be
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0020| annexed and the relationship of that territory to the existing
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0021| boundary of the municipality; and
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0022| (5) is presented to the governing body of the
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0023| municipality.
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0024| [B.] C. If the ordinance consents to the
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0025| annexation of the territory, a copy of the ordinance with a
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0001| copy of the plat of the territory [so] annexed shall be filed
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0002| in the office of the county clerk.
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0003| [C.] D. Within thirty days after the filing of
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0004| a copy of the ordinance in the office of the county clerk,
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0005| [any] a person owning land within the territory annexed to
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0006| the municipality may appeal to the district court questioning
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0007| the validity of the annexation proceedings. If no appeal to
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0008| the district court is filed within thirty days after the filing
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0009| of the ordinance in the office of the county clerk or if the
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0010| court renders judgment in favor of the municipality, the
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0011| annexation [shall be deemed] is complete."
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0012| SENATE FLOOR SUBSTITUTE FOR
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0013| SENATE BILLS 1144 & 1148
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0014| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| AN ACT
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0023| RELATING TO LAND USE; PROVIDING FOR METHODS OF ANNEXATION,
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0024| ZONING, SUBDIVISION, PLANNING AND PLATTING IN EXTRATERRITORIAL
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0025| ZONES OF CERTAIN MUNICIPALITIES AND COUNTIES; CREATING AN
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0001| EXTRATERRITORIAL LAND USE COMMISSION AND AUTHORITY; PROVIDING
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0002| POWERS AND DUTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA
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0003| 1978.
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0004|
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006| Section 1. A new Section 3-7-17.1 NMSA 1978 is enacted to
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0007| read:
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0008| "3-7-17.1. [NEW MATERIAL] ANNEXATION--CERTAIN
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0009| MUNICIPALITY IN CLASS A COUNTY--PROCEDURES--LIMITATIONS.--
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0010| A. A petition that seeks the annexation of
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0011| territory contiguous to a municipality having a population over
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0012| two hundred thousand persons located in a class A county shall
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0013| be presented to the city council and be:
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0014| (1) signed by the owners of a majority of the
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0015| number of acres in the contiguous territory; and
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0016| (2) accompanied by a map that shows the
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0017| external boundary of the territory proposed to be annexed and
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0018| the relationship of the territory proposed to be annexed to the
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0019| existing boundary of the municipality.
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0020| B. The city council shall submit the petition to
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0021| the board of county commissioners of the county in which the
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0022| municipality is located for its review and comment. The
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0023| comments shall be submitted to the city council within thirty
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0024| days of receipt.
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0025| C. The city council shall by ordinance approve or
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0001| disapprove the annexation of the territory unless the petition
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0002| for annexation is not signed by a majority of the owners of
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0003| land in the county territory proposed to be annexed.
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0004| D. If the petition for annexation is not signed by
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0005| a majority of the owners of land proposed to be annexed, the
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0006| question of the approval or disapproval of the annexation of
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0007| the land shall be submitted to the extraterritorial land use
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0008| authority for its approval or disapproval. If the
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0009| extraterritorial land use authority approves the annexation,
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0010| the city council may approve the annexation.
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0011| E. When the nonconsenting property owners'
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0012| properties are entirely surrounded by consenting property
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0013| owners, the city council may approve the annexation without
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0014| approval or disapproval of the extraterritorial land use
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0015| authority.
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0016| F. In considering an annexation pursuant to the
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0017| petition method provided in this section, the city council shall
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0018| consider the impact of the annexation on existing county contracts
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0019| and provisions of services such as fire protection, solid waste
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0020| collection or water and sewer service and may make agreements with
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0021| the county to continue such services if it is in the interest of
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0022| the county, the residents of the proposed annexed area or the
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0023| municipality.
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0024| G. A municipality having a population over two hundred
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0025| thousand persons and located in a class A county shall not force a
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0001| resident or business located in the unincorporated area of the
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0002| county to agree to annexation as a condition of extending sewer
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0003| and water service to that person or business, if that sewer or
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0004| water service extension is paid for all or in part by federal,
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0005| state or county money. The municipality may make agreement to
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0006| annexation a condition of extending sewer and water service if the
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0007| extension of the service is paid for entirely with municipal
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0008| money."
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0009| Section 2. Section 3-19-5 NMSA 1978 (being Laws 1965,
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0010| Chapter 300, Section 14-18-5, as amended) is amended to read:
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0011| "3-19-5. PLANNING AND PLATTING JURISDICTION.--
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0012| A. Each municipality shall have planning and platting
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0013| jurisdiction within its municipal boundary. The planning and
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0014| platting jurisdiction of a municipality:
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0015| (1) having a population of twenty-five thousand
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0016| [or more] to two hundred thousand persons includes all
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0017| territory within five miles of its boundary and not within the
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0018| boundary of another municipality; or
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0019| (2) having a population of less than twenty-five
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0020| thousand persons includes all territory within three miles of its
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0021| boundary and not within the boundary of another municipality.
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0022| B. A municipality having a population over two
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0023| hundred thousand persons located in a class A county shall have
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0024| planning and platting jurisdiction within five miles of the
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0025| boundary of the municipality shared with the county and not within
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0001| the boundary of another municipality through the extraterritorial
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0002| land use commission that shall make recommendations to the
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0003| extraterritorial land use authority.
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0004| [B.] C. If territory not lying within the boundary
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0005| of a municipality is within the planning and platting jurisdiction
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0006| of more than one municipality, the planning and platting
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0007| jurisdiction of each municipality shall terminate equidistant from
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0008| the boundary of each municipality unless one municipality has a
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0009| population of less than two thousand five hundred persons and
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0010| another municipality has a population of more than two thousand
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0011| five hundred persons according to the most recent census. Then
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0012| the planning and platting jurisdiction of the municipality having
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0013| the greatest population extends to such territory."
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0014| Section 3. Section 3-20-5 NMSA 1978 (being Laws 1965,
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0015| Chapter 300, Section 14-19-5, as amended) is amended to read:
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0016| "3-20-5. COUNTY AND MUNICIPAL JURISDICTION OVER
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0017| SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED
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0018| STREETS--EXERCISE OF JURISDICTION.--
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0019| A. For the purpose of approving the subdivision and
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0020| platting of land:
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0021| (1) the jurisdiction of a county includes all
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0022| territory not within the boundary of a municipality;
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0023| (2) the jurisdiction of a municipality having a
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0024| population of twenty-five thousand [or more] to two hundred
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0025| thousand persons according to the most recent census includes all
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0001| territory within five miles of the boundary of the municipality
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0002| and not within the boundary of another municipality; [and]
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0003| (3) the jurisdiction of a municipality having a
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0004| population of less than twenty-five thousand persons according to
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0005| the most recent census includes all territory within three miles
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0006| of the municipal boundary and not within the boundary of another
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0007| municipality; and
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0008| (4) a municipality having a population over two
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0009| hundred thousand persons according to the most recent census
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0010| located in a class A county shall share approval authority with
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0011| the county of subdivisions and platting of land within five miles
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0012| of the municipal boundary. Approval shall be through the actions
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0013| of the extraterritorial land use commission and extraterritorial
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0014| land use authority.
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0015| B. Each municipality shall have jurisdiction over
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0016| the territory within its boundary.
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0017| [B.] C. If territory not lying within the boundary
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0018| of a municipality is within the platting jurisdiction of more than
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0019| one municipality, the platting jurisdiction of each municipality
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0020| shall terminate equidistant from the boundary of each municipality
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0021| unless one municipality has a population according to the most
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0022| recent census of less than two thousand five hundred persons and
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0023| another municipality has a population according to the most recent
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0024| census of more than two thousand five hundred persons. Then the
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0025| platting jurisdiction of the municipality having the greatest
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0001| population extends to such territory.
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0002| [C.] D. The county and a municipality shall
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0003| exercise concurrent jurisdiction over territory within the
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0004| platting jurisdiction of both the county and the municipality
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0005| except as provided in Paragraph (4) of Subsection A of this
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0006| section.
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0007| [D.] E. The governing body of a municipality or
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0008| the board of county commissioners may not locate, construct or
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0009| accept any street dedication until the street dedication is first
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0010| submitted to the planning authority for approval or disapproval.
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0011| If disapproved by the planning authority, the street dedication
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0012| may be approved by a two-thirds vote of all the members of the
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0013| governing body of the municipality having jurisdiction or of the
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0014| board of county commissioners having jurisdiction. A street
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0015| dedication accepted by the planning authority or by a two-thirds
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0016| vote of all the members of the governing body of the municipality
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0017| having jurisdiction or of the board of county commissioners having
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0018| jurisdiction shall have the same status as any other public
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0019| street."
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0020| Section 4. A new section of Chapter 3, Article 21 NMSA 1978
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0021| is enacted to read:
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0022| "[NEW MATERIAL] EXTRATERRITORIAL ZONING IN CLASS A COUNTY
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0023| WITH MUNICIPALITY OVER TWO HUNDRED THOUSAND--PROCEDURES.--
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0024| A. In a class A county that has a municipality with a
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0025| population over two hundred thousand persons, extraterritorial
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0001| zoning between that municipality and the county shall be
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0002| determined by an "extraterritorial land use authority". The
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0003| extraterritorial land use authority shall have the jurisdiction
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0004| and powers of an extraterritorial zoning authority and shall carry
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0005| out the duties related to planning and platting jurisdiction,
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0006| extraterritorial zoning, subdivision approval, and annexation
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0007| approval or disapproval as provided in Section 3-7-17.1 NMSA 1978.
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0008| The extraterritorial land use authority shall consist of four
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0009| county commissioners appointed by the board of county
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0010| commissioners and three city councilors or two city councilors and
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0011| the mayor appointed by the municipality.
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0012| B. The extraterritorial zoning commission in a class A
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0013| county having a municipality with a population over two hundred
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0014| thousand persons that is concerned with extraterritorial zoning
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0015| between that municipality and the county shall be known as the
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0016| "extraterritorial land use commission". The commission shall be
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0017| composed of five members of the county planning commission
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0018| appointed by the board of county commissioners and five members of
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0019| the environmental planning commission of the municipality
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0020| appointed by the city council.
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0021| C. The composition of the extraterritorial land use
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0022| commission shall not affect the composition of any other
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0023| extraterritorial zoning commission that may be established in that
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0024| county with any other municipality.
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0025| D. The extraterritorial land use commission shall have
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0001| the authority to carry out duties related to planning and platting
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0002| jurisdiction, subdivision and extraterritorial zoning."
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0003| State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 10, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to
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0016| whom has been referred
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0017|
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0018| SENATE FLOOR SUBSTITUTE FOR SENATE BILLS 1144 AND
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0019| 1148
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, and thence referred to the
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0023| GOVERNMENT AND URBAN AFFAIRS COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005| James Roger Madalena, Chairman
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0006|
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0007|
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0008| Adopted Not Adopted
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0009|
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012| Date
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0013|
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0014| The roll call vote was 9 For 0 Against
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0015| Yes: 9
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0016| Excused: Getty, Knowles, Madalena
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0017| Absent: None
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0018|
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0019|
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0020| G:\BILLTEXT\BILLW_97\S1144
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