Amendment or repeal of charter; alternate methods.

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The charter of any municipality adopted under the provisions of Article 10, Section 6 of the constitution of New Mexico, by law of the territorial legislature of New Mexico or under the provisions of the Municipal Charter Act may be amended or repealed either by a proposal submitted by the governing body of the municipality to the qualified electors or by petition as provided for in Section 3-15-4 NMSA 1978 for the adoption of an original charter at a general or special election and ratified by a majority of the qualified electors voting on the amendment or repeal.

History: 1953 Comp., § 14-14-14, enacted by Laws 1965, ch. 300; 1971, ch 118, § 6; 1990, ch. 63, § 1.

ANNOTATIONS

The 1990 amendment, effective May 16, 1990, inserted "by law of the territorial legislature of New Mexico" and "under the provisions of," substituted "Section 3-15-4 NMSA 1978" for "Section 14-14-2 NMSA 1953" and made a minor stylistic change.

A municipality's charter may be amended only as authorized by the legislature. 1987 Op. Att'y Gen. No. 87-81.

There is no legislative grant of authority for Silver City, which is not a home-rule municipality, to amend its charter. It must adopt a new charter. 1987 Op. Att'y Gen. No. 87-81.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Extension of boundaries of municipality by amendment to charter, 64 A.L.R. 1371.

Detachment of territory from municipality under power to amend charter, 117 A.L.R. 296.

Doctrine of de facto existence or powers of municipal corporation as applicable to amendment or revision of charter, 7 A.L.R.2d 1407.


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