Section 1.01. Municipal Corporation; Purposes and Powers.
Section 1.02. State and Municipal Laws.
Section 1.03. Rights and Property.
Section 1.04. Construction.
Section 1.05. Charter Review and Amendment.
A.
Incorporation. The municipal corporation now existing and known as
the City of Las Vegas shall remain and continue to be a municipal
corporation with the same name and boundaries as existed prior to
the effective date of this Charter. The boundaries may be extended
in a manner as provided by law.
B.
Purpose. The purpose of this Charter is to provide maximum self-government
and the greatest possible exercise of home-rule powers. A liberal
construction shall be given to the powers granted by this Charter.
C.
Powers. The City may exercise all legislative powers and perform
all functions not expressly denied by general law or charter. Unless
otherwise provided in this Charter, the power of the City to legislate
is permissive and not mandatory. If the City does not legislate, it
may nevertheless act in the manner provided by law. The City shall
have all powers possible for a home rule municipality to possess under
the New Mexico Constitution and the laws of the State of New Mexico,
including all implied powers and all powers necessary to implement
all express powers of the City, as if each and every one of the City's
implied powers were fully, completely and expressly enumerated in
this Charter. The City shall be entitled to exercise any and all powers
granted by law or the New Mexico Constitution to municipal corporations,
except to the extent there may be a conflict between the exercise
of the powers and the provisions of this Charter, in which case this
Charter shall operate to limit the City's ability to exercise
such powers.
A.
All City ordinances, resolutions, codes, orders and regulations which
are in force when this Charter becomes fully effective shall remain
in full force and effect except to the extent that they are inconsistent
with or interfere with the effective operation of this Charter.
B.
Any provisions of the New Mexico Municipal Code or any other state
law relating to municipalities shall apply to the City only to the
extent that such a state statute is not inconsistent with the provisions
of this Charter. To the extent that any state statute relating to
municipalities is consistent with the Charter, the City may avail
itself of the rights, privileges and powers conferred by such a statute,
regardless of whether such a statute vests powers in home rule municipalities,
non-home rule municipalities, or both.
A.
All rights and property which were vested in the City prior to the
effective date of this Charter shall remain so vested under the Charter.
No existing right or liability and no pending litigation shall be
affected by adoption of this Charter. No action or proceeding, civil
or criminal, pending at the time that this Charter takes effect, shall
be affected or abated by operation of this Charter.
B.
All contracts and franchises entered into by the City or for its
benefit, prior to the effective date of this Charter, shall remain
in full force and effect. Public improvements for which legislative
action has been taken under laws, ordinances or resolutions existing
at the time this Charter takes effect, may be carried to completion
in a manner which is in as full compliance with this Charter as is
possible in accordance with the provisions of existing laws, ordinances
and resolutions.
A.
Headings. Section and subsection headings are included for convenience
only. Such headings shall not be utilized for the purpose of determining
the meaning of the Charter.
B.
Terms. Unless the context otherwise requires, the singular shall
include the plural; the plural shall include the singular; male shall
include female; female shall include male; the terms "may," "can,"
and "should" shall be permissive; the terms "must," "shall," and "will"
shall be mandatory; the term "and" shall be conjunctive; and the term
"or" shall be disjunctive.
C.
Severability. The provisions of the Charter are severable. If any
provision of this Charter is held invalid, the other provisions of
the Charter shall not be affected thereby. If the application of the
Charter or any of its provisions to any person or circumstance is
held invalid, the application of the Charter and its provisions to
other persons or circumstances shall not be affected thereby.
A.
Charter Review. The Governing Body shall be responsible for modifying
the City Charter as necessary, and shall review the City Charter at
least once every five (5) years. To accomplish said review, the Governing
Body may appoint a committee composed of an equal number of representatives
from each council district, none of which shall be elected city officers,
to review and make recommendations to the Governing Body, as specifically
directed by the Governing Body, regarding the City Charter. The representatives
from each council district shall be actual residents of the City,
appointed by the Mayor, and confirmed by the Council. The Governing
Body may, by majority vote, employ by contract a consultant with charter
experience to work independently, or with the committee, for the purpose
of reviewing and making recommendations to the Governing Body, as
specifically directed by the Governing Body, regarding changes to
the City Charter. Any recommended changes under this section shall
be reviewed for compliance with applicable law by an attorney experienced
in municipal law and drafting charter provisions
B.
Commission Members. The Charter Commission shall consist of seven
(7) members. One (1) member shall be appointed from each council district
and shall reside in said district during the period of review. Three
(3) members shall be residents of the City, appointed at large, with
equal representation among the districts to the greatest extent possible.
The Mayor shall appoint six (6) Commission members, including the
districted representatives, subject to Council approval. The seventh
(7th) member shall be recommended by the Municipal Judge for appointment
by the Mayor and approval by the Council. The Commission shall select
one its members to act as chair.
C.
Charter Amendments. Amendments to this Charter may be submitted to
the qualified electors by the Governing Body or by petition as follows:
(1)
Notice of intent to circulate a petition proposing any amendments
to this Charter must be signed by five (5) qualified voters of the
City and filed with the City Clerk.
(2)
The proposed amendment shall be filed with the City Clerk concurrently
with the filing of the Notice of Intent.
(3)
The City Clerk must approve the form of any petition submitted under
this section prior to obtaining any signatures on the petition. The
petition must include the complete language of the amendment, the
number of signatures required to submit the petition to the Governing
Body, the date by which the petition forms must be submitted, and
lines for voter names, signatures and registered voting addresses.
Only registered voters of the City shall be counted as signatories.
(4)
The number of qualified voters required to sign the petition in order
to have the proposed amendment placed on the ballot shall be twenty-five
(25) percent of the number of voters who voted at the regular municipal
election immediately preceding the filing of the Notice of Intent.
(5)
No petition or any part thereof shall be filed more than sixty (60)
days after the approval of the petition by the City Clerk.
(6)
If the City Clerk determines that the requisite number of signatures
of qualified voters exists, the clerk shall certify and present the
petition to the Governing Body. If the City Clerk determines that
the requisite number of signatures of qualified voters does not exist,
the clerk shall return the petition to the applicants and take no
further action.
(7)
Upon certification and presentation of the petition by the City Clerk,
the Governing Body shall adopt an election resolution. The election
shall be scheduled for the next regular municipal election, or as
soon as possible thereafter to comply with state election laws.
(8)
At such election, the ballot shall contain the text of the proposed
amendment and, below said text, the phrases "FOR AMENDMENT" and "AGAINST
AMENDMENT". Municipal amendments shall be listed separately on the
ballot or together.
(9)
If a majority of the votes cast are against the amendment, it shall
be of no effect. If a majority of the votes cast are for the amendment,
it shall be adopted and shall become effective thirty (30) days following
certification of the election.
(10)
No amendment that has been disapproved shall be submitted to
the voters again for a period of one (1) year from the date of the
election.
