Charter controls when statute is inconsistent; statutory interpretation.

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A. A municipality organized under the provisions of the Municipal Charter Act shall be governed by the provisions of the charter adopted pursuant to that act, and no law relating to municipalities inconsistent with the provisions of the charter shall apply to any such municipality.

B. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied charter municipalities by general law or charter. A liberal construction shall be given to the powers of municipalities to provide for maximum local self-government.

History: 1953 Comp., § 14-14-11, enacted by Laws 1965, ch. 300; 1984, ch. 65, § 173.

ANNOTATIONS

Referendum provision dealing specially with popular referenda on franchise ordinances prevails over referendum provisions of the city charter applying to ordinances generally and not to franchise ordinances alone. Albuquerque Bus Co. v. Everly, 1949-NMSC-058, 53 N.M. 460, 211 P.2d 127.

Application of state law where authorizations omitted from charter. — Where a city adopts a charter, but omits from such charter authorization to the city commissioners to pave city streets and meet the cost by special assessment and to enforce the liens created therefor by foreclosure, the state law on municipalities governs. Ellis v. New Mexico Constr. Co., 1921-NMSC-068, 27 N.M. 312, 201 P. 487.


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