SB 7
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AN ACT
RELATING TO MUNICIPALITIES; AUTHORIZING MUNICIPALITIES TO
ACQUIRE, OPERATE AND MAINTAIN A MUNICIPAL UTILITY TO PROVIDE
FOR STORM WATER SERVICE AND CHARGE A FEE OR ADVANCE PAYMENT
FOR THE STORM WATER SERVICE; ADDING STORM WATER FACILITIES TO
THE DEFINITION OF "MUNICIPAL UTILITY" IN THE MUNICIPAL CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Municipal Code is
enacted to read:
"STORM WATER MUNICIPAL UTILITY--AUTHORITY TO ACQUIRE
FACILITIES AND PROVIDE SERVICE--FEE.--
A. A municipality may, by ordinance, acquire,
operate and maintain a municipal utility to provide for storm
water service for the collection, treatment, storage or
disposal of storm water.
B. A municipality may require each person owning
or controlling real property in the municipality to pay a
just and reasonable fee for storm water service provided by a
municipal utility."
SECTION 2. Section 3-1-2 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-1-2, as amended) is amended to read:
"3-1-2. DEFINITIONS.--As used in the Municipal Code:
A. "acquire" or "acquisition" means purchase,
construct, accept or any combination of purchasing, SB 7
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constructing or accepting;
B. "business" means any person, occupation,
profession, trade, pursuit, corporation, institution,
establishment, utility, article, commodity or device engaged
in making a profit, but does not include an employee;
C. "census" means any enumeration of population
of a municipality conducted under the direction of the
government of the United States, the state of New Mexico or
the municipality;
D. "county" means the county in which the
municipality or land is situated;
E. "district court" means the district court of
the district in which the municipality or land is situated;
F. "governing body" means the city council or
city commission of a city, the board of trustees of a town
or village, the council of incorporated counties and the
board of county commissioners of H class counties;
G. "municipal" or "municipality" means any
incorporated city, town or village, whether incorporated
under general act, special act or special charter,
incorporated counties and H class counties;
H. "municipal utility" means sewer facilities,
water facilities, gas facilities, electric facilities, storm
water facilities, generating facilities or any interest in
jointly owned generating facilities owned by a municipality SB 7
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and serving the public. A municipality that owns both
electric facilities and any interest in jointly owned
generating facilities may, by ordinance, designate such
interest in jointly owned generating facilities as part of
its electric facilities. Generating facilities shall be
considered as part of a municipality's electric facilities
unless the municipality designates, by ordinance, the
generating facilities as a separate municipal utility, such
designation being conclusive subject to any existing
property rights or contract rights;
I. "public ground" means any real property owned
or leased by a municipality;
J. "publish" or "publication" means printing in a
newspaper that maintains an office in the municipality and is
of general circulation within the municipality or, if such
newspaper is a nondaily paper that will not be circulated to
the public in time to meet publication requirements or if
there is no newspaper that maintains an office in the
municipality and is of general circulation within the
municipality, then "publish" or "publication" means posting
in six public places within the municipality on the first day
that publication is required in a newspaper that maintains an
office in the municipality and is of general circulation
within the municipality. One of the public places where
posting shall be made is the office of the municipal clerk, SB 7
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who shall maintain the posting during the length of time
necessary to comply with the provisions relating to the
number of times publication is required in a newspaper of
general circulation within the municipality. The municipal
clerk may, in addition to posting, publish one or more times
in a newspaper of general circulation in the municipality;
K. "qualified elector" means any person who is a
resident of the municipality and is registered to vote under
the provisions of the Election Code. Persons who would
otherwise be qualified electors if land on which they reside
is annexed to a municipality shall be deemed to be qualified
electors:
(1) upon the effective date of the
municipal ordinance effectuating the terms of the annexation
as certified by the board of arbitration pursuant to
Section 3-7-10 NMSA 1978;
(2) upon thirty days after the filing of an
order of annexation by the municipal boundary commission
pursuant to Sections 3-7-15 and 3-7-16 NMSA 1978 if no appeal
is filed or, if an appeal is filed, upon the filing of a
nonappealable court order effectuating the annexation; or
(3) upon thirty days after the filing of an
ordinance pursuant to Section 3-7-17 NMSA 1978 if no appeal
is filed or, if an appeal is filed, upon the filing of a
nonappealable court order effectuating the annexation; SB 7
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L. "revenue producing project" means any
municipally owned self-liquidating projects that furnish
public services to a municipality and its residents,
including but not necessarily limited to public buildings;
facilities and equipment for the collection or disposal of
trash, refuse or garbage; swimming pools; golf courses and
other recreational facilities; cemeteries or mausoleums or
both; airports; off-street parking garages; and
transportation centers, which may include but are not limited
to office facilities and customary terminal facilities for
airlines, trains, monorails, subways, intercity and intracity
buses and taxicabs. "Revenue producing project" does not
mean a municipal utility as defined in Subsection H of this
section;
M. "street" means any thoroughfare that can
accommodate pedestrian or vehicular traffic, is open to the
public and is under the control of the municipality;
N. "warrant" means a warrant, check or other
negotiable instrument issued by a municipality in payment for
goods or services acquired by the municipality or for the
payment of a debt incurred by the municipality;
O. "mayor" means the chief executive officer of
municipalities having the mayor-council form of government.
In municipalities having other forms of government, the
presiding officer of the governing body and the official SB 7
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head of the government, without executive powers, may be
designated mayor by the governing body. Wherever the
Municipal Code requires an act to be performed by the mayor
with the consent of the governing body, in municipalities not
having the mayor-council form of government, the act shall be
performed by the governing body;
P. "generating facility" means any facility
located within or outside the state necessary or incidental
to the generation or production of electric power and energy
by any means and includes:
(1) any facility necessary or incidental to
the acquisition of fuel of any kind for the production of
electric power and energy, including the acquisition of fuel
deposits, the extraction of fuel from natural deposits, the
conversion of fuel for use in another form, the burning of
fuel in place and the transportation and storage of such
fuel; and
(2) any facility necessary or incidental
to the transfer of the electric power and energy to the
municipality, including without limitation step-down
substations or other facilities used to reduce the voltage in
a transmission line in order that electric power and energy
may be distributed by the municipality to its retail
customers;
Q. "jointly owned generating facility" means any SB 7
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generating facility in which a municipality owns any
undivided or other interest, including without limitation any
right to entitlement or capacity; and
R. "joint participant" means any municipality in
New Mexico or any other state; any public entity incorporated
under the laws of any other state having the power to enter
into the type of transaction contemplated by the Municipal
Electric Generation Act; the state of New Mexico; the United
States; Indian tribes; and any public electric utility,
investor-owned electric utility or electric cooperative
subject to general or limited regulation by the public
regulation commission or a similar commission of any other
state."
SECTION 3. Section 3-23-1 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-22-1, as amended) is amended to read:
"3-23-1. MUNICIPAL UTILITY--SERVICE CHARGES--DEPOSITS--
DISCONTINUANCE OF WATER SERVICE FOR NONPAYMENT OF CHARGES--
SUPPLEMENTAL METHOD.--
A. A municipality, including an entity established
pursuant to Section 72-1-10 NMSA 1978, may require a
reasonable payment in advance or a reasonable deposit for
water, electricity, gas, sewer service, geothermal energy,
refuse collection service, street maintenance or storm water
service.
B. If payment of any price, rent, fee or other SB 7
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charge for water, sewer service, refuse collection or street
maintenance is not made within thirty days from the date the
payment is due, the water service may be discontinued and
shall not be again supplied to the person liable for the
payment until the arrears with interest and penalties have
been fully paid.
C. The provisions of this section are intended to
afford an additional method of enforcing payment of charges
for water, sewer service, refuse collection, street
maintenance or storm water service furnished by the
municipality."