New Mexico § 62-6-5 - Local option

§ 62-6-5. Local option

Notwithstanding any of the provisions in Section 62-6-4 NMSA 1978 , any municipality desiring to avail itself of all the benefits of the Public Utility

Act and of the regulatory services of the commission may elect to come within the

provisions of that act and to have the utilities owned and operated by it, either

directly or through a municipally owned corporation, regulated and supervised under

the provisions of that act. When a municipality so elects, in the manner provided in this section, it shall

be subject to all the provisions of the Public Utility Act. The election shall be held as follows: A. at any time after the effective date of the Public Utility Act, the legal voters

of any municipality may petition in writing the governing body of the municipality

by filing a petition in the office of the municipal clerk to hold an election for

the purpose of determining whether the municipality shall be subject to the provisions

of that act. If the aggregate of the names signed to the petition equals or exceeds twenty-five

percent of the number of legal votes cast in the municipality for governor at the

last preceding general election, the governing body of the municipality shall call

an election to be held within sixty days of the filing of the petition in accordance

with the provisions of the Local Election Act. Provided, however, that if a local election is to be held within six months of the

filing of the petition, the election provided for in this section shall be held at

the same time as that election; B. the election shall be held in the same manner as and with the same registration

books as for other municipal elections. The ballots to be submitted to the voters at the election shall present the following

questions: “For regulation of municipally owned utilities by the public regulation commission __________ Against regulation of municipally owned utilities by the public regulation commission __________”. The votes at the election shall be counted, returned and canvassed as provided for

in the Local Election Act. If the majority of all the votes are in favor of regulation of municipally owned

utilities, the governing body of the municipality shall declare, by order entered

upon the records of the municipality, that it is subject to all the provisions of

the Public Utility Act. If the majority of all the votes are against such regulation, the result of the

election shall be declared and entered in the same manner; and C. no elections for the same purpose shall be held within two years of each other.