HB 261 — UNM DATA FOR MUNI INCORPORATION PETITIONS

HOUSEAN BILLACT 261RELATING 55THTO LEGISLATUREMUNICIPALITIES; - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Willie D.

MadridPROVIDING ThisTHAT documentA mayPETITION incorporateFOR amendmentsMUNICIPAL proposedINCORPORATION bySHALL aUSE committee,POPULATION butDATA notPROVIDED yetBY adopted,THE asUNIVERSITY wellOF asNEW amendmentsMEXICO thatGEOSPATIAL haveAND beenPOPULATION adoptedSTUDIES duringGROUP. the current legislative session.

The7 documentBE isIT aENACTED toolBY toTHE showLEGISLATURE amendmentsOF inTHE contextSTATE andOF cannotNEW beMEXICO: used for the purpose of adding amendments to legislation.

hSECTION AN1. ACT g o RELATING TO MUNICIPALITIES;

PROVIDINGSection THAT3-2-1 ANMSA PETITION1978 FOR(being tLaws hr1965, gChapter e300, iSection k14-2-1, MUNICIPALas INCORPORATIONamended) SHALLis USEamended POPULATIONto DATAread: PROVIDED BY h r i s THE UNIVERSITY OF NEW MEXICO HLLCº BUREAU OF BUSINESS AND h , t, ECONOMIC RESEARCH »HLLC HLLCºGEOSPATIAL AND POPULATION STUDIES e u g e b l e e h GROUP»HLLC .

n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

r i = r t e w d m a n o SECTION 1.

Section 3-2-1 NMSA 1978 (being Laws 1965, d m :

b e d s º o t n = .219420.3AIC February 22, 2021 (10:33am) s k m e e a n e d r e l u [ A d Chapter 300, Section 14-2-1, as amended) is amended to read:

1) swear or hHB 261/a Page 1 affirm that the qualified elector has resided within the g o t hr territory proposed to be incorporated for a period of six g e i k months immediately prior to the signing of the petition;

and 2) h r i s list the street address of the qualified elector's residence;

h , t, or e u g e b l e e h (b) the owners of not less than sixty n d d i = = o h percent of the real estate within the territory proposed to be l ] b ,d i a º e incorporated who are not delinquent in their payment of real r i = r t e w d m a n o property taxes.

dB. m :

b e d s º o t n = .219420.3AIC February 22, 2021 (10:33am) s k m e - 2 - e a n e d r e l u [ A d B.

and [(3)(3) moneythe incurrent anuniversity amountof determinedNew byMexico thegeospatial boardand ofpopulation countystudies commissionersgroup todata beshowing sufficientthat the territory proposed to conductbe incorporated contains a censuspopulation indensity theof territorynot proposedless tothan beone incorporated.person per acre.

TheC. money shall be deposited with the county treasurer for payment of the census required in Section 3-2-5 NMSA 1978.] (3) the current university of New Mexico HLLCºbureau of business and economic research»HLLC HLLCºgeospatial and population studies group»HLLC data showing h that the territory proposed to be incorporated contains a g o t hr population density of not less than one person per acre.

gThe emunicipal iservices kand C.revenue plan shall demonstrate that the proposed municipality will provide at least three of the following services and that it will have a tax base sufficient to pay the costs of those services:

TheHB municipal261/a servicesPage and2 revenue(1) planlaw shallenforcement; h r i s demonstrate that the proposed municipality will provide at h , t, least three of the following services and that it will have a e u g e b l e e h tax base sufficient to pay the costs of those services:

n(2) dfire dprotection iand =fire =safety; o h (1) law enforcement;

l(3) ]road band ,dstreet iconstruction a º e (2) fire protection and firemaintenance; safety;

r i = r t e w d m a n o (3) road and street construction and d m :

b e d s º o t n = .219420.3AIC February 22, 2021 (10:33am) s k m e - 3 - e a n e d r e l u [ A d maintenance;

h (2) the secretary of taxation and revenue or g o t hr the secretary's designee;

g e i k (3) one representative of the county in which h r i s the proposed municipality would be located chosen by the board h , t, of county commissioners;

and e u g e b l e e h (4) a representative of the New Mexico nHB d261/a dPage i3 = = o h municipal league who shall be an advisory member of the review l ] b ,d i a º e team.

r i = r t e w d m a n o E.

The review team shall consider the petition and dmay mrequest :that the university of New Mexico geospatial and population studies group confirm that the data provided with the petition supports the finding that the proposed boundaries contain a population of at least one person per acre.

b e d s º o t n = .219420.3AIC February 22, 2021 (10:33am) s k m e - 4 - e a n e d r e l u [ A d [the required census results] may request that the university of New Mexico HLLCºbureau of business and economic research»HLLC HLLCºgeospatial and population studies group»HLLC confirm that the data provided with the petition supports the finding that the proposed boundaries contain a population of at least one person per acre.

The review team's notification h of deficiencies in the municipal services and revenue plan u » r suspends the attempt to incorporate.

Petitioners have three t h g e l i months from the date of notification of deficiencies to submit h r i s an amended plan to the review team.

If the amended plan is h , e h rejected by the review team for deficiencies, petitioners may t u g e b l e e , gh not submit another petition to incorporate an area until at n d d i = = o h least one year after the date of that rejection." lHB ]261/a bPage ,d4 i a º r SECTION 2.

Section 3-2-5 NMSA 1978 (being Laws 1965, e r = t e w d m a n o Chapter 300, Section 14-2-4, as amended) is amended to read:

d"3-2-5. m :

bINCORPORATION--DUTIES rOF eCOUNTY tCOMMISSIONERS ºAFTER oFILING tOF nPETITION =TO .219420.3AICACT--POPULATION FebruaryDATA 22,REQUIRED--ELECTION--RIGHT 2021OF (10:33am)APPEAL sTO kDISTRICT mCOURT.-- eA. - 5 - e a n e d r e l u [ A d "3-2-5.

INCORPORATION--DUTIESAfter OFthe COUNTYpetition COMMISSIONERSfor AFTERincorporation, FILINGtogether OFwith PETITIONthe TOaccompanying ACT--[CENSUSmap ]or POPULATIONplat DATAand REQUIRED--ELECTION--RIGHTthe OFmunicipal APPEALservices TOand DISTRICTrevenue COURT.--plan A.have been filed with the board of county commissioners, the board of county commissioners, in lieu of complying with the requirements of Section 3-1-5 NMSA 1978, shall determine within thirty days after the filing of the petition:

After the petition for incorporation, together with the accompanying map or plat and the municipal services and revenue plan [and the amount of money sufficient to pay the cost of a census] have been filed with the board of county commissioners, the board of county commissioners, in lieu of complying with the requirements of Section 3-1-5 NMSA 1978, shall determine within thirty days after the filing of the petition:

or (2) from the tax schedules of the county if h any of the owners of the real estate who signed the petition g o t hr are delinquent in the payment of property taxes;

and g e i k (3) if the territory proposed to be h r i s incorporated is within an existing municipality or within the h , t, urbanized area of a municipality.

e u g e b l e e h B.

If the board of county commissioners determines n d d i = = o h that the territory proposed to be incorporated is: