New Mexico § 3-5-1 - Municipal consolidation; commissioners; ordinances; special election; declaration of consolidation; payment of bonded indebtedness or judgment levy

§ 3-5-1. Municipal consolidation; commissioners; ordinances; special election; declaration of consolidation; payment of bonded indebtedness or judgment levy

A. Whenever any two or more contiguous municipalities wish to consolidate as one municipality,

the governing body of each municipality shall appoint three commissioners who shall

prepare the terms for consolidation and submit the terms for consolidation to the

respective governing bodies. If each governing body approves the terms for consolidation, it shall adopt an ordinance

declaring approval of the terms for consolidation and shall provide for an election

on the question of consolidation. The election shall be conducted pursuant to the provisions of the Local Election

Act. B. If a majority of the votes cast in each municipality favors consolidation, the

governing body of each municipality shall declare, by ordinance, that consolidation

has been approved between the municipalities and proceed to consolidate under the

terms for consolidation. The municipal clerk of each municipality shall notify the secretary of finance and

administration and the secretary of taxation and revenue that the consolidation has

been approved by the electorate. If the question of consolidating the municipalities fails to receive a majority

vote favoring consolidation in any one of the municipalities, the consolidation shall

fail. C. If on the day of the election on consolidation any municipality proposing to consolidate

has outstanding indebtedness or a judgment payable from a tax on property and the

consolidation is approved, a tax sufficient to pay the interest and principal on such

indebtedness or judgment shall continue to be levied on the property within the boundary

of the municipality as it existed on the day of the election on the question of consolidation. Indebtedness created by the issuance of revenue bonds and the current obligations

of each municipality shall be assumed by the consolidated municipality. The consolidated municipality may refund the indebtedness of the municipalities

that are consolidated. D. Certified copies of the entire proceedings for consolidation shall be filed with

the clerk of the municipality so consolidated, the county clerk and the secretary

of state. When certified copies of the consolidation have been filed as required in this section,

the consolidation is complete.