0001| HOUSE BILL 689
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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| 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 LOCAL GOVERNMENTS; REQUIRING THE CONSENT OF THE
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0012| BOARD OF COUNTY COMMISSIONERS IN CASE OF ANNEXATION BY A
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0013| MUNICIPALITY OF COUNTY TERRITORY IN A CLASS A COUNTY WITH A
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0014| POPULATION OF TWO HUNDRED THOUSAND OR MORE PERSONS.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 3-57-5 NMSA 1978 (being Laws 1967,
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0018| Chapter 248, Section 5) is amended to read:
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0019| "3-57-5. ANNEXATION BY PETITION TO MUNICIPALITY.--
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0020| A. The governing body of a municipality located
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0021| within a class A county with a population of two hundred
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0022| thousand or more persons shall by ordinance express its consent
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0023| to or rejection of the annexation of territory of the county by
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0024| ordinance whenever a petition:
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0025| (1) seeks the annexation of county territory
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0001| to [a] the municipality [in a Class A county];
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0002| (2) is signed by the owners of a majority of
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0003| the number of acres in [such] the county territory proposed
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0004| to be annexed;
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0005| (3) is signed by a majority of the owners of
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0006| land in [such] the county territory proposed to be
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0007| annexed;
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0008| (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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0010| territory proposed to be annexed and the relationship of
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0011| [the] that territory [proposed to be annexed] to the
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0012| existing boundary of the municipality; [and]
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0013| (5) is presented to the governing body of
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0014| [such] the municipality; and
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0015| [the governing body shall by ordinance express
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its consent or rejection to the annexation of such territory]
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0017| (6) is presented to the board of county
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0018| commissioners of the county in which the municipality is
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0019| located and that board by resolution consents to the
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0020| annexation.
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0021| B. The governing body of a municipality located
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0022| within a class A county with a population of less than two
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0023| hundred thousand persons shall by ordinance express its consent
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0024| to or rejection of the annexation of territory of the county
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0025| whenever a petition:
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0001| (1) seeks the annexation of county territory
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0002| to the 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 county territory proposed to be
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0005| annexed;
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0006| (3) is signed by a majority of the owners of
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0007| land in the county territory proposed to be annexed;
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0008| (4) is accompanied by a map that shows the
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0009| external boundary of the county territory proposed to be
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0010| annexed and the relationship of that territory to the existing
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0011| boundary of the municipality; and
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0012| (5) is presented to the governing body of the
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0013| municipality.
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0014| [B.] C. If the ordinance consents to the
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0015| annexation of the territory, a copy of the ordinance with a
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0016| copy of the plat of the territory [so] annexed shall be filed
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0017| in the office of the county clerk.
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0018| [C.] D. Within thirty days after the filing of
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0019| a copy of the ordinance in the office of the county clerk,
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0020| [any] a person owning land within the territory annexed to
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0021| the municipality may appeal to the district court questioning
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0022| the validity of the annexation proceedings. If no appeal to
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0023| the district court is filed within thirty days after the filing
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0024| of the ordinance in the office of the county clerk or if the
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0025| court renders judgment in favor of the municipality, the
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0001| annexation [shall be deemed] is complete."
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0002| State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 4,1997
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0015| whom has been referred
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0016|
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0017| HOUSE BILLS 689 AND 1017
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO NOT PASS, but that
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0021|
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0022| HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE
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0023| SUBSTITUTE FOR HOUSE BILLS 689 AND 1017
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0024|
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0025| DO PASS, and thence referred to the JUDICIARY
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0001| COMMITTEE.
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0002|
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0003| Respectfully submitted,
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0004|
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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| Lynda M. Lovejoy, Chairwoman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 7 For 0 Against
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0019| Yes: 7
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0020| Excused: Hobbs
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0021| Absent: None
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0022|
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0023| G:\BILLTEXT\BILLW_97\H0689 HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE SUBSTITUTE FOR
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0024| HOUSE BILLS 689 & 1017
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0025| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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|
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0006|
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0007|
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0008| AN ACT
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0009| RELATING TO LAND USE; PROVIDING FOR METHODS OF ANNEXATION,
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0010| ZONING, SUBDIVISION, PLANNING AND PLATTING IN EXTRATERRITORIAL
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0011| ZONES OF CERTAIN MUNICIPALITIES AND COUNTIES; CREATING AN
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0012| EXTRATERRITORIAL LAND USE COMMISSION AND AUTHORITY; PROVIDING
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0013| POWERS AND DUTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA
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0014| 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new Section 3-7-17.1 NMSA 1978 is enacted to
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0018| read:
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0019| "3-7-17.1. [NEW MATERIAL] ANNEXATION--CERTAIN
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0020| MUNICIPALITY IN CLASS A COUNTY--PROCEDURES--LIMITATIONS.--
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0021| A. A petition that seeks the annexation of
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0022| territory contiguous to a municipality having a population over
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0023| two hundred thousand persons located in a class A county shall
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0024| be presented to the city council and be:
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0025| (1) signed by the owners of a majority of the
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0001| number of acres in the contiguous territory; and
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0002| (2) accompanied by a map that shows the
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0003| external boundary of the territory proposed to be annexed and
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0004| the relationship of the territory proposed to be annexed to the
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0005| existing boundary of the municipality.
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0006| B. The city council shall submit the petition to
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0007| the board of county commissioners of the county in which the
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0008| municipality is located for its review and comment. The
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0009| comments shall be submitted to the city council within thirty
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0010| days of receipt.
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0011| C. The city council shall by ordinance approve or
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0012| disapprove the annexation of the territory unless the petition
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0013| for annexation is not signed by a majority of the owners of
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0014| land in the county territory proposed to be annexed.
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0015| D. If the petition for annexation is not signed by
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0016| a majority of the owners of land proposed to be annexed, the
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0017| question of the approval or disapproval of the annexation of
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0018| the land shall be submitted to the extraterritorial land use
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0019| authority for its approval or disapproval. If the
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0020| extraterritorial land use authority approves the annexation,
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0021| the city council may approve the annexation.
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0022| E. When the nonconsenting property owners'
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0023| properties are entirely surrounded by consenting property
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0024| owners, the city council may approve the annexation without
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0025| approval or disapproval of the extraterritorial land use
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0001| authority.
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0002| F. In considering an annexation pursuant to the
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0003| petition method provided in this section, the city council
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0004| shall consider the impact of the annexation on existing county
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0005| contracts and provisions of services such as fire protection,
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0006| solid waste collection or water and sewer service and may make
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0007| agreements with the county to continue such services if it is in
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0008| the interest of the county, the residents of the proposed annexed
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0009| area or the municipality.
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0010| G. A municipality having a population over two hundred
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0011| thousand persons and located in a class A county shall not force a
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0012| resident or business located in the unincorporated area of the
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0013| county to agree to annexation as a condition of extending sewer
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0014| and water service to that person or business, if that sewer or
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0015| water service extension is paid for all or in part by federal,
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0016| state or county money. The municipality may make agreement to
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0017| annexation a condition of extending sewer and water service if the
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0018| extension of the service is paid for entirely with municipal
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0019| money."
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0020| Section 2. Section 3-19-5 NMSA 1978 (being Laws 1965,
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0021| Chapter 300, Section 14-18-5, as amended) is amended to read:
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0022| "3-19-5. PLANNING AND PLATTING JURISDICTION.--
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0023| A. Each municipality shall have planning and platting
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0024| jurisdiction within its municipal boundary. The planning and
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0025| platting jurisdiction of a municipality:
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0001| (1) having a population of twenty-five thousand
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0002| [or more] to two hundred thousand persons includes all
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0003| territory within five miles of its boundary and not within the
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0004| boundary of another municipality; or
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0005| (2) having a population of less than twenty-five
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0006| thousand persons includes all territory within three miles of its
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0007| boundary and not within the boundary of another municipality.
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0008| B. A municipality having a population over two
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0009| hundred thousand persons located in a class A county shall have
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0010| planning and platting jurisdiction within five miles of the
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0011| boundary of the municipality shared with the county and not within
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0012| the boundary of another municipality through the extraterritorial
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0013| land use commission that shall make recommendations to the
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0014| extraterritorial land use authority.
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0015| [B.] C. If territory not lying within the boundary
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0016| of a municipality is within the planning and platting jurisdiction
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0017| of more than one municipality, the planning and platting
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0018| jurisdiction of each municipality shall terminate equidistant from
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0019| the boundary of each municipality unless one municipality has a
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0020| population of less than two thousand five hundred persons and
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0021| another municipality has a population of more than two thousand
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0022| five hundred persons according to the most recent census. Then
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0023| the planning and platting jurisdiction of the municipality having
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0024| the greatest population extends to such territory."
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0025| Section 3. Section 3-20-5 NMSA 1978 (being Laws 1965,
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0001| Chapter 300, Section 14-19-5, as amended) is amended to read:
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0002| "3-20-5. COUNTY AND MUNICIPAL JURISDICTION OVER
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0003| SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED
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0004| STREETS--EXERCISE OF JURISDICTION.--
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0005| A. For the purpose of approving the subdivision and
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0006| platting of land:
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0007| (1) the jurisdiction of a county includes all
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0008| territory not within the boundary of a municipality;
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0009| (2) the jurisdiction of a municipality having a
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0010| population of twenty-five thousand [or more] to two hundred
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0011| thousand persons according to the most recent census includes all
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0012| territory within five miles of the boundary of the municipality
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0013| and not within the boundary of another municipality; [and]
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0014| (3) the jurisdiction of a municipality having a
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0015| population of less than twenty-five thousand persons according to
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0016| the most recent census includes all territory within three miles
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0017| of the municipal boundary and not within the boundary of another
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0018| municipality; and
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0019| (4) a municipality having a population over two
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0020| hundred thousand persons according to the most recent census
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0021| located in a class A county shall share approval authority with
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0022| the county of subdivisions and platting of land within five miles
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0023| of the municipal boundary. Approval shall be through the actions
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0024| of the extraterritorial land use commission and extraterritorial
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0025| land use authority.
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0001| B. Each municipality shall have jurisdiction over
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0002| the territory within its boundary.
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0003| [B.] C. If territory not lying within the boundary
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0004| of a municipality is within the platting jurisdiction of more than
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0005| one municipality, the platting jurisdiction of each municipality
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0006| shall terminate equidistant from the boundary of each municipality
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0007| unless one municipality has a population according to the most
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0008| recent census of less than two thousand five hundred persons and
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0009| another municipality has a population according to the most recent
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0010| census of more than two thousand five hundred persons. Then the
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0011| platting jurisdiction of the municipality having the greatest
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0012| population extends to such territory.
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0013| [C.] D. The county and a municipality shall
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0014| exercise concurrent jurisdiction over territory within the
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0015| platting jurisdiction of both the county and the municipality
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0016| except as provided in Paragraph (4) of Subsection A of this
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0017| section.
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0018| [D.] E. The governing body of a municipality or
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0019| the board of county commissioners may not locate, construct or
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0020| accept any street dedication until the street dedication is first
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0021| submitted to the planning authority for approval or disapproval.
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0022| If disapproved by the planning authority, the street dedication
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0023| may be approved by a two-thirds vote of all the members of the
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0024| governing body of the municipality having jurisdiction or of the
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0025| board of county commissioners having jurisdiction. A street
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0001| dedication accepted by the planning authority or by a two-thirds
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0002| vote of all the members of the governing body of the municipality
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0003| having jurisdiction or of the board of county commissioners having
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0004| jurisdiction shall have the same status as any other public
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0005| street."
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0006| Section 4. A new section of Chapter 3, Article 21 NMSA 1978
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0007| is enacted to read:
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0008| "[NEW MATERIAL] EXTRATERRITORIAL ZONING IN CLASS A COUNTY
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0009| WITH MUNICIPALITY OVER TWO HUNDRED THOUSAND--PROCEDURES.--
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0010| A. In a class A county that has a municipality with a
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0011| population over two hundred thousand persons, extraterritorial
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0012| zoning between that municipality and the county shall be
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0013| determined by an "extraterritorial land use authority". The
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0014| extraterritorial land use authority shall have the jurisdiction
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0015| and powers of an extraterritorial zoning authority and shall carry
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0016| out the duties related to planning and platting jurisdiction,
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0017| extraterritorial zoning, subdivision approval, and annexation
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0018| approval or disapproval as provided in Section 3-7-17.1 NMSA 1978.
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0019| The extraterritorial land use authority shall consist of four
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0020| county commissioners appointed by the board of county
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0021| commissioners and three city councilors or two city councilors and
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0022| the mayor appointed by the municipality.
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0023| B. The extraterritorial zoning commission in a class A
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0024| county having a municipality with a population over two hundred
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0025| thousand persons that is concerned with extraterritorial zoning
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0001| between that municipality and the county shall be known as the
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0002| "extraterritorial land use commission". The commission shall be
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0003| composed of five members of the county planning commission
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0004| appointed by the board of county commissioners and five members of
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0005| the environmental planning commission of the municipality
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0006| appointed by the city council.
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0007| C. The composition of the extraterritorial land use
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0008| commission shall not affect the composition of any other
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0009| extraterritorial zoning commission that may be established in that
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0010| county with any other municipality.
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0011| D. The extraterritorial land use commission shall have
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0012| the authority to carry out duties related to planning and platting
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0013| jurisdiction, subdivision and extraterritorial zoning."
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0014|
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 20, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your CONSERVATION COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE
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0002| SUBSTITUTE FOR HOUSE BILLS 689 AND 1017
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0003|
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0004| has had it under consideration and reports same with recommendation
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0005| that it DO PASS.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011| __________________________________
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0012| Michael S. Sanchez, Chairman
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0013|
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0014|
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0015|
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0016| Adopted_______________________ Not Adopted_______________________
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019|
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0020|
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0021| Date ________________________
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0022|
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0023|
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0024| The roll call vote was 7 For 0 Against
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0025| Yes: 7
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0001| No: None
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0002| Excused: Davis, Macias, Payne
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0003| Absent: None
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0004|
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0005|
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0006| H0689C01
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