0001| HOUSE BILL 238
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| JAMES G. TAYLOR
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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 LAND USE; PROVIDING FOR METHODS OF ANNEXATION,
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0012| ZONING, SUBDIVISION, PLANNING AND PLATTING IN EXTRATERRITORIAL
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0013| ZONES OF CERTAIN MUNICIPALITIES AND COUNTIES; CREATING AN
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0014| EXTRATERRITORIAL LAND USE COMMISSION AND AN EXTERRITORIAL LAND
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0015| USE AUTHORITY; PROVIDING POWERS AND DUTIES; AMENDING AND
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0016| ENACTING SECTIONS OF THE NMSA 1978.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 3-7-17 NMSA 1978 (being Laws 1965,
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0020| Chapter 300, Section 14-7-17, as amended) is amended to read:
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0021| "3-7-17. ANNEXATION--PETITION BY OWNERS OF CONTIGUOUS
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0022| TERRITORY--DUTY [OR] OF GOVERNING BODY--ORDINANCE--
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0023| APPEAL.--
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0024| A. Except as provided in Sections 3-7-17.1 and
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0025| 3-57-4 NMSA 1978, whenever a petition:
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0001| (1) seeks the annexation of territory
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0002| contiguous to a municipality;
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0003| (2) is signed by the owners of a majority of
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0004| the number of acres in the contiguous territory;
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0005| (3) is accompanied by a map [which shall
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show] that shows the external boundary of the territory
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0007| proposed to be annexed and the relationship of the territory
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0008| proposed to be annexed to the existing boundary of the
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0009| municipality; and
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0010| (4) is presented to the governing body,
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0011| the governing body shall by ordinance express its consent or
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0012| rejection to the annexation of such contiguous territory.
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0013| B. If the ordinance consents to the annexation of
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0014| the contiguous territory, a copy of the ordinance, with a copy
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0015| of the plat of the territory so annexed, shall be filed in the
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0016| office of the county clerk. After the filing, the contiguous
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0017| territory is part of the municipality. The clerk of the
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0018| municipality shall also send copies of the ordinance annexing
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0019| the territory and of the plat of the territory so annexed to
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0020| the secretary of finance and administration and to the
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0021| secretary of taxation and revenue.
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0022| C. Within thirty days after the filing of the copy
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0023| of the ordinance in the office of the county clerk, any person
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0024| owning land within the territory annexed to the municipality
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0025| may appeal to the district court questioning the validity of
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0001| the annexation proceedings. If no appeal to the district court
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0002| is filed within thirty days after the filing of the ordinance
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0003| in the office of the county clerk [of it] or if the court
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0004| renders judgment in favor of the municipality, the annexation
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0005| shall be deemed complete."
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0006| Section 2. A new Section 3-7-17.1 NMSA 1978 is enacted
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0007| to read:
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0008| "3-7-17.1. [NEW MATERIAL] ANNEXATION--CERTAIN
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0009| MUNICIPALITIES IN CLASS A COUNTIES--PROCEDURES--LIMITATIONS.--
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0010| A. A petition seeking the annexation of territory
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0011| contiguous to a municipality with a population over two
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0012| hundred thousand persons and located in a class A county shall
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0013| be presented to the city council and be accompanied by a map
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0014| that shows the external boundary of the territory proposed to
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0015| be annexed and the relationship of the territory proposed to
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0016| be annexed to the existing boundary of the municipality.
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0017| B. If the petition is signed by the owners of a
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0018| majority of the number of acres in the contiguous territory:
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0019| (1) the city council shall submit the
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0020| petition to the board of county commissioners of the county in
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0021| which the municipality is located for its review and comment.
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0022| Any comments shall be submitted by the board of county
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0023| commissioners to the city council within thirty days of
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0024| receipt; and
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0025| (2) not less than thirty days nor more than
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0001| sixty days after receiving the petition, the city council
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0002| shall by ordinance approve or disapprove the annexation after
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0003| considering any comments submitted by the board of county
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0004| commissioners.
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0005| C. If the petition is not signed by the owners of
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0006| a majority of the number of acres in the contiguous territory,
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0007| the extraterritorial land use commission shall consider the
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0008| matter and make a recommendation to the extraterritorial land
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0009| use authority. The extraterritorial land use authority shall
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0010| approve or disapprove the petition. If approved by the
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0011| extraterritorial land use authority, the city council may by
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0012| ordinance approve the annexation.
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0013| D. In considering an annexation pursuant to this
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0014| section, the city council shall consider the impact of the
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0015| annexation on existing county contracts and provisions of
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0016| services, including fire protection, solid waste collection or
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0017| water and sewer service, and may make agreements with the
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0018| county to continue such services if it is in the interest of
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0019| the county, the residents of the proposed annexed area or the
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0020| municipality.
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0021| E. A municipality with a population over two
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0022| hundred thousand persons and located in a class A county shall
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0023| not force a resident or business located in the unincorporated
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0024| area of the county to agree to annexation as a condition of
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0025| extending sewer and water service to that person or business,
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0001| if that sewer or water service extension is paid for all or in
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0002| part by federal, state or county money. The municipality may
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0003| make agreement to annexation a condition of extending sewer
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0004| and water service if the extension of the service is paid for
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0005| entirely with municipal money."
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0006| Section 3. Section 3-19-5 NMSA 1978 (being Laws 1965,
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0007| Chapter 300, Section 14-18-5, as amended) is amended to read:
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0008| "3-19-5. PLANNING AND PLATTING JURISDICTION.--
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0009| A. Each municipality shall have planning and
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0010| platting jurisdiction within its municipal boundary. Except
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0011| as provided in Subsection B of this section, the planning and
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0012| platting jurisdiction of a municipality:
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0013| (1) having a population of twenty-five
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0014| thousand or more persons includes all territory within five
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0015| miles of its boundary and not within the boundary of another
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0016| municipality; or
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0017| (2) having a population of less than twenty-
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0018| five thousand persons includes all territory within three
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0019| miles of its boundary and not within the boundary of another
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0020| municipality.
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0021| B. A municipality with a population over two
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0022| hundred thousand persons and located in a class A county shall
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0023| share planning and platting jurisdiction with the county over
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0024| territory within five miles of the boundary of the
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0025| municipality and not within the boundary of another
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0001| municipality. Upon the recommendations and reports of the
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0002| extraterritorial land use commission, the extraterritorial
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0003| land use authority shall exercise the jurisdiction.
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0004| [B.] C. If territory not lying within the
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0005| boundary of a municipality is within the planning and platting
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0006| jurisdiction of more than one municipality, the planning and
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0007| platting jurisdiction of each municipality shall terminate
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0008| equidistant from the boundary of each municipality unless one
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0009| municipality has a population of less than two thousand five
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0010| hundred persons and another municipality has a population of
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0011| more than two thousand five hundred persons according to the
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0012| most recent census. Then the planning and platting
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0013| jurisdiction of the municipality having the greatest
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0014| population extends to such territory."
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0015| Section 4. Section 3-20-5 NMSA 1978 (being Laws 1965,
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0016| Chapter 300, Section 14-19-5, as amended) is amended to read:
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0017| "3-20-5. COUNTY AND MUNICIPAL JURISDICTION OVER
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0018| SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED
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0019| STREETS--EXERCISE OF JURISDICTION.--
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0020| A. For the purpose of approving the subdivision
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0021| and platting of land:
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0022| (1) the jurisdiction of a county includes all
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0023| territory not within the boundary of a municipality;
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0024| (2) except as provided in Paragraph (4) of
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0025| this subsection, the jurisdiction of a municipality having a
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0001| population of twenty-five thousand or more persons according
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0002| to the most recent census includes all territory within five
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0003| miles of the boundary of the municipality and not within the
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0004| boundary of another municipality; [and]
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0005| (3) the jurisdiction of a municipality having
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0006| a population of less than twenty-five thousand persons
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0007| according to the most recent census includes all territory
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0008| within three miles of the municipal boundary and not within
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0009| the boundary of another municipality; and
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0010| (4) a municipality with a population over two
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0011| hundred thousand persons and located in a class A county shall
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0012| share the jurisdiction with the county over territory within
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0013| five miles of the boundary of the municipality and not within
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0014| the boundary of another municipality. Upon the
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0015| recommendations and reports of the extraterritorial land use
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0016| commission, the extraterritorial land use authority shall
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0017| exercise the jurisdiction.
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0018| B. Each municipality shall have jurisdiction
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0019| over the territory within its boundary.
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0020| [B.] C. If territory not lying within the
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0021| boundary of a municipality is within the platting jurisdiction
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0022| of more than one municipality, the platting jurisdiction of
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0023| each municipality shall terminate equidistant from the
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0024| boundary of each municipality unless one municipality has a
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0025| population according to the most recent census of less than
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0001| two thousand five hundred persons and another municipality has
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0002| a population according to the most recent census of more than
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0003| two thousand five hundred persons. Then the platting
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0004| jurisdiction of the municipality having the greatest
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0005| population extends to such territory.
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0006| [C.] D. Except as provided in Paragraph (4) of
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0007| Subsection A of this section, the county and a municipality
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0008| shall exercise concurrent jurisdiction over territory within
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0009| the platting jurisdiction of both the county and the
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0010| municipality.
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0011| [D.] E. The governing body of a municipality
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0012| or the board of county commissioners may not locate, construct
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0013| or accept any street dedication until the street dedication is
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0014| first submitted to the planning authority for approval or
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0015| disapproval. If disapproved by the planning authority, the
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0016| street dedication may be approved by a two-thirds vote of all
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0017| the members of the governing body of the municipality having
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0018| jurisdiction or of the board of county commissioners having
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0019| jurisdiction. A street dedication accepted by the planning
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0020| authority or by a two-thirds vote of all the members of the
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0021| governing body of the municipality having jurisdiction or of
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0022| the board of county commissioners having jurisdiction shall
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0023| have the same status as any other public street."
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0024| Section 5. A new section of Chapter 3, Article 21 NMSA
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0025| 1978 is enacted to read:
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0001| "[NEW MATERIAL] EXTRATERRITORIAL ZONING IN CLASS A
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0002| COUNTY WITH MUNICIPALITY OVER TWO HUNDRED THOUSAND PERSONS--
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0003| PROCEDURES.--
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0004| A. In a class A county that has a municipality
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0005| with a population over two hundred thousand persons,
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0006| concurrent extraterritorial zoning jurisdiction between that
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0007| municipality and the county shall be determined by an
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0008| "extraterritorial land use authority". The extraterritorial
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0009| land use authority shall have the jurisdiction and powers of
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0010| an extraterritorial zoning authority and shall carry out its
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0011| duties related to planning and platting jurisdiction,
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0012| extraterritorial zoning, subdivision approval and annexation
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0013| approval or disapproval as provided in the Municipal Code.
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0014| The extraterritorial land use authority shall consist of four
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0015| county commissioners appointed by the board of county
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0016| commissioners and three city councilors or two city councilors
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0017| and the mayor appointed by the municipality.
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0018| B. The extraterritorial zoning commission in a
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0019| class A county having a municipality with a population over
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0020| two hundred thousand persons that is concerned with
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0021| extraterritorial zoning between that municipality and the
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0022| county shall be known as the "extraterritorial land use
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0023| commission". The commission shall be composed of five members
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0024| of the county planning commission appointed by the board of
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0025| county commissioners and five members of the environmental
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0001| planning commission of the municipality appointed by the city
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0002| council.
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0003| C. The composition of the extraterritorial land
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0004| use commission shall not affect the composition of any other
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0005| extraterritorial zoning commission that may be established in
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0006| that county with any other municipality.
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0007| D. The extraterritorial land use commission shall
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0008| have the authority to carry out duties related to planning and
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0009| platting jurisdiction, subdivision and extraterritorial
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0010| zoning."
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0011| Section 6. Section 3-57-4 NMSA 1978 (being Laws 1967,
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0012| Chapter 248, Section 4, as amended) is amended to read:
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0013| "3-57-4. METHODS OF ANNEXATION.--There shall be two
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0014| methods of annexing territory to a municipality within class A
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0015| counties:
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0016| A. by petition to a municipality as provided by
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0017| Section [14-58-5 NMSA 1953] 3-57-5 NMSA 1978 or, if the
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0018| municipality has over two hundred thousand persons, as
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0019| provided by Section 3-7-17.1 NMSA 1978; and
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0020| B. by petition to the district court as provided
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0021| by Sections [14-58-6 through 14-58-8 NMSA 1953] 3-57-6
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0022| through 3-57-8 NMSA 1978.
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0023| Any other method provided by the Municipal Code or any
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0024| other act shall have no application within class A counties."
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0025|
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