44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MUNICIPALITIES; REQUIRING REPRESENTATIVE MANAGEMENT AND OPERATION OF MUNICIPAL UTILITIES; AMENDING THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-23-10 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-22-10, as amended) is amended to read:

"3-23-10. MUNICIPAL UTILITY--[AUTHORITY TO ESTABLISH] BOARD OF UTILITY COMMISSIONERS.--

A. A municipality may establish a municipal board of utility commissioners to manage and operate a municipal utility. The board of utility commissioners is responsible [to the governing body] for the administration of the affairs of the utility. Members of the board of utility commissioners shall be appointed by the mayor with the consent of the governing body, and [shall be residents of] each shall represent a commissioner district within the area served by the utility.

B. The ordinance establishing the board of utility commissioners:

(1) shall fix the number of commissioners;

(2) shall establish commissioner districts within the municipal utility's service area, with each district representing approximately the same number of consumers of the municipal utility;

[(2)] (3) shall set the term of office [of each commissioner] for commissioners, which shall not exceed six years;

[(3)] (4) may provide for staggered terms of office;

[(4)] (5) shall establish the duties and jurisdiction of the board with respect to the management and administration of the affairs of the utility; and

[(5)] (6) may contain such terms and provisions, consistent with law, [which] that are reasonably necessary or desirable to accomplish the purposes assigned to the board.

C. Any municipality establishing a board of utility commissioners shall retain and possess all powers with respect to the utility for which [such] the board is established as are consistent with the laws and constitution of New Mexico."