HB 74 — TRADITIONAL HISTORIC COMMUNITY QUALIFICATIONS

HOUSE BILL 74 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Roberto “Bobby” J.

Gonzales and Andrea Romero Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

REVISING h QUALIFICATIONS.

g5 o t hr g e i k BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h r i s SECTION 1.

Section 3-2-3 NMSA 1978 (being Laws 1965, h , t, Chapter 300, Section 14-2-3, as amended) is amended to read:

e u g e b l e e h "3-2-3.

URBANIZED TERRITORY--INCORPORATION LIMITED WITHIN n d d i = = o h URBANIZED TERRITORY.-- l ] b ,d i a º e A.

Urbanized territory is that territory within the rsame icounty =and rwithin tfive emiles wof dthe mboundary of any municipality having a npopulation oof five thousand or more persons and that territory within the same county and within fivethree miles of a municipality having a population of less than five thousand persons, except that territory in a county declared by an ordinance of the boundaryboard of anycounty dcommissioners mto :be a traditional historic community shall not be considered urbanized territory and shall not be annexed by a municipality unless it is considered for annexation pursuant to a petition requesting annexation signed by a majority of the registered voters within the traditional historic community.

b e d s º o t n = .211045.1 s k m e e a n e d r e l u [ A d municipality having a population of five thousand or more persons and that territory within the same county and within three miles of a municipality having a population of less than five thousand persons, except that territory in a [class B ] county [with a population between ninety-five thousand and ninety-nine thousand five hundred, based on the 1990 federal decennial census] declared by an ordinance of the board of county commissioners to be a traditional historic community shall not be considered urbanized territory and shall not be annexed by a municipality unless it is considered for annexation pursuant to a petition requesting annexation signed by a majority of the registered HJCº qualified electors»HJC HJCºvoters»HJC within the traditional historic community.

(1) municipality or municipalities causing theHB h74/a Page 1 the urbanized territory approve, by resolution, the incorporation u » r of the territory as a municipality;

t h g e l i (2) residents of the territory proposed to be h r i s incorporated have filed with the municipality a valid petition h , e h to annex the territory proposed to be incorporated and the t u g e b l e e , gh municipality fails, within one hundred twenty days after the n d d i = = o h filing of the annexation petition, to annex the territory l ] b ,d i a º r proposed to be incorporated;

or e(3) rresidents =of tthe eterritory wproposed dto mbe aannexed nconclusively oprove (3)that residentsthe ofmunicipality is unable to provide municipal services within the territory proposed to be dincorporated mwithin :the same period of time that the proposed municipality could provide municipal service.

b r e t º o t n = .211045.1 s k m e - 2 - e a n e d r e l u [ A d annexed conclusively prove that the municipality is unable to provide municipal services within the territory proposed to be incorporated within the same period of time that the proposed municipality could provide municipal service.

hHB 74/a Page 2 (1) be an unincorporated area of a [classcounty; B ] u » r county [with a population between ninety-five thousand and t h g e l i ninety-nine thousand five hundred, based on the 1990 federal h r i s decennial census];

h , e h (2) be an identifiable village, community, t u g e b l e e , gh neighborhood or district that can be documented as having n d d i = = o h existed for more than one hundred years;

l ] b ,d i a º r (3) include structures or landmarks that are e r = t e w d m a n o associated with the identity of the specific village, dcommunity, mneighborhood :or district seeking designation as a traditional historic community;

b r e t º o t n = .211045.1 s k m e - 3 - e a n e d r e l u [ A d community, neighborhood or district seeking designation as a traditional historic community;

A traditional historic community may be annexed by a municipality only by petition of a majority of the registered HJCºvoters qualified electors»HJC HJCºvoters»HJC of the territory within the traditional historic community proposed to be annexed by the municipality or by the arbitration method of annexation only upon petition of a majority of the registered qualified electors of the territory within the traditional h historic community." u » r SECTION 3.

EFFECTIVE DATE.--The effective date of the t h g e l i provisions of this act is July 1, 2019.

hHB r74/a iPage s3 -25 4 - h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211045.1 s k m e e a n e d r e l u [ A d