0001| HOUSE BILL 803
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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| G. X. MCSHERRY
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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 MUNICIPALITIES; PROVIDING PROCEDURES TO AUTHORIZE A
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0012| COUNTY TO GOVERN THE AFFAIRS OF A MUNICIPALITY THAT FAILS TO
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0013| TRANSACT NECESSARY BUSINESS; DECLARING AN EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. A new section of the Municipal Code is enacted
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0017| to read:
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0018| "[NEW MATERIAL] MUNICIPALITY FAILURE TO TRANSACT
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0019| NECESSARY BUSINESS.--
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0020| A. If the governing body of a municipality fails
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0021| for a period of at least three consecutive months to convene a
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0022| quorum or transact necessary official business, the following
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0023| procedures shall apply to allow the citizens of the
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0024| municipality to request the board of county commissioners for
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0025| the county in which the municipality is located to transact
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0001| necessary business for the municipality.
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0002| B. A petition containing the signatures of at least
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0003| twenty percent of the registered voters in the municipality may
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0004| be filed with the district court that has jurisdiction over the
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0005| municipality. The petition may request the district court to
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0006| enter an order finding that the governing body of the
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0007| municipality has failed either to convene a quorum for reasons
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0008| other than excusable absences or to transact necessary official
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0009| business for a period of at least three consecutive months.
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0010| Upon a district court making such a finding and entering an
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0011| order to that effect, the board of county commissioners for the
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0012| county in which the municipality is located is authorized to
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0013| enact ordinances and transact necessary official business for
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0014| the municipality. Such authority shall remain in effect until
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0015| the governing body of the municipality convenes a quorum and
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0016| transacts official business.
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0017| C. Nothing in this section prevents the governing
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0018| body of a municipality from subsequently repealing or revising
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0019| the ordinances for the municipality that were adopted or the
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0020| business for the municipality that was transacted by a board of
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0021| county commissioners pursuant to the provisions of this
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0022| section. This power to repeal ordinances or revise the
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0023| transaction of official business is available only to the same
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0024| extent that the governing body of the municipality could
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0025| lawfully repeal its own ordinances or revise its own business
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0001| decisions."
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0002| Section 2. EMERGENCY.--It is necessary for the public
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0003| peace, health and safety that this act take effect immediately.
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0004|
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