The legislative branch of the municipality shall consist of a Council of eight Councilmen to be elected at large for staggered terms of four years with terms of 1/2 of the Councilmen expiring at the end of one two-year period and the terms of the other Councilmen expiring at the end of the following two-year period.
A. 
Qualifications. Each member of the governing body shall be a resident of the municipality and a qualified elector thereof. If any Councilman moves from or becomes a nonresident of the municipality during his term of office, he shall be deemed to have vacated his office upon the adoption by the governing body of a resolution declaring such vacancy to exist.
B. 
Powers and duties. The corporate authority of the municipality shall be vested in the Council, which shall possess all powers granted by law, or other municipal powers not conferred by law or ordinance on another officer of the municipality. The Council shall:
(1) 
Manage and control, solely through the budget process, the finances and all property, real and personal, belonging to the municipality;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Determine the time and place of holding its meetings, which shall be open to the public;
(3) 
Determine the rules of its own proceedings;
(4) 
Keep minutes of its proceedings, which shall be open to examination by any citizen;
(5) 
Adopt rules and regulations necessary to effect the powers granted municipalities;
(6) 
Prescribe the compensation and fees to be paid municipal officers and employees;
(7) 
Prescribe the powers and duties of those officers whose terms of office or powers and duties are not defined by law, and impose additional powers and duties upon those officers whose powers and duties are prescribed by law; and
(8) 
Comply with all laws, rules and regulations defined in NMSA 1978, Chapter 3.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Compensation. Each Councilman shall receive a salary of $ 1,050 per month.
[Amended 2-16-1988 by Ord. No. CC-88-01; 7-16-2001 by Ord. No. 01-01-08; 1-3-2006; 7-20-2009 by Ord. No. 09-07-06]
D. 
Vacancies. In the case of death, resignation, vacation or removal for cause of any member of the Council during his term of office, the Mayor, with the advice and consent of the Council, shall appoint a qualified elector of the municipality to fill the vacancy until the next regular municipal election, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.
A. 
Regular meetings. The governing body shall hold its regular meetings on the first and third Tuesday of each month at 6:00 p.m. When the day of the regular meeting falls on a legal holiday, such meeting shall be held on a date determined by the governing body. All regular meetings shall be held at City Hall, 111 School of Mines Road, or other such public places as the governing body may designate.
[Amended 1-7-1991 by Ord. No. CP-90-03; 7-19-1993 by Ord. No. CP-74-01-02; 7-7-2008 by Ord. No. 08-05-19; 10-17-2022 by Ord. No. 22-10-17]
B. 
Special meetings. The Mayor, or a majority of the members of the Council, may call special meetings by notice to each member of the Council, personally served or left at his usual place of residence.
C. 
Quorum. No action shall be taken unless a quorum is present. A majority of the members of the governing body shall constitute a quorum for the purpose of transacting business at any regular or special meeting where each question must be decided by a majority vote of the members present.
D. 
Agenda. All reports, communications, ordinances, resolutions, contracts, documents, or other matters to be submitted to the governing body shall be delivered to the Clerk at least five days prior to each meeting, whereupon the Clerk shall immediately arrange a list of such matters according to the order of business. Each Councilman, the Mayor and City Attorney will be furnished with a copy of the order of business, together with a copy of the minutes of the last meeting, prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. Additional items may be added to the agenda by unanimous consent of the members of the governing body.
E. 
Rules of debate. The City Council, by resolution, may adopt rules, policies and procedures which govern all proceedings of the governing body.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Addressing the governing body.
(1) 
Written communications. Interested parties or their representatives may address the governing body by written communication regarding any matter.
(2) 
Oral address. Taxpayers or residents of the municipality or their authorized representatives may orally address the governing body on any matter concerning the business of the municipality; provided that preference shall be given to those persons who may have notified the Clerk in advance of their desire to speak.
(3) 
Reading of protests and petitions. Taxpayers or residents of the municipality and their authorized representatives may address the governing body by the reading of protests, petitions or communications.
(4) 
Persons other than taxpayers and residents. Persons other than taxpayers and residents must receive prior approval before orally addressing the governing body.
(5) 
Manner of address. Each person orally addressing the governing body shall first seek the recognition of the presiding officer and, after being recognized, shall stand and give his name and address for the record before proceeding. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person, other than a Councilman and the person having the floor, shall be permitted to enter into any discussion without permission of the presiding officer. No question shall be asked a Councilman except through the presiding officer.
(6) 
Time limit. In order that the business of the municipality may be disposed of in an expeditious manner, the presiding officer may place a limit on the length of time any person may speak.
G. 
Decorum.
(1) 
Mayor. The Mayor shall preserve the order and decorum, decide all questions of order and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert's Rules of Order unless otherwise provided by ordinance.
(2) 
Councilmen. While the governing body is in session, the members shall observe order and decorum and neither delay nor interrupt the proceedings of the Council nor disturb any member while speaking nor refuse to obey the orders of the Council or its presiding officer.
(3) 
Public. While the governing body is in session, no person shall act in a disorderly manner nor, while addressing the governing body, shall any person make any personal, impertinent or slanderous remarks. The presiding officer may bar anyone acting improperly from continuing his address of the governing body.
(4) 
Enforcement. The Chief of Police or such police officer as he may designate shall be the sergeant-at-arms of the governing body and shall carry out all orders of the presiding officer for the purpose of maintaining the order and decorum of the session. Upon orders of the presiding officer, it shall be the duty of the sergeant-at-arms to place any person who violates the provisions of the section under arrest and cause him to be prosecuted upon the complaint of the presiding officer.
H. 
Order of business. The order of business is to be determined by resolution of the governing body.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All laws of the municipality shall be enacted by the passage of ordinances, all of which shall be reviewed by the City Attorney. Ordinances shall be numbered consecutively and each shall bear a title which shall set forth in general terms its subject matter. Ordinances shall contain an enacting clause and shall bear the date, signatures of the Mayor and attesting officer, and the Seal of the City. The City Clerk shall keep a permanent log book in which the original of each ordinance considered, whether or not adopted, shall be kept.
A. 
Resolutions shall be used in every case where an ordinance is not required and shall be appropriate in the following instances:
(1) 
Entering into a contract;
(2) 
Directives of the City Clerk or staff members;
(3) 
Adoption of a policy concerning employees, utilities, services, or equipment;
(4) 
Granting of a right or privilege to any person when a contract is not required;
(5) 
Changes in the Zoning Map of the City;
(6) 
Changes in the fire districts of the City;
(7) 
Changes in the Master Plan of the City;
(8) 
Authorizing the issuance of bonds; and
(9) 
In every other case where it is deemed in the public interest that a full and permanent record be made and kept of the action of the governing body.
B. 
Resolutions shall be numbered consecutively, giving first the calendar year, and shall bear a title which shall set forth in general terms its subject matter; shall contain a resolving clause; and shall bear the date, signatures of the Mayor and attesting officer, and the Seal of the City. The City Clerk shall keep a permanent log book in which the original of each resolution considered, whether or not adopted, shall be kept.
A. 
Standing. The only standing committee of the governing body shall be the Committee of the Whole. The Mayor shall be its presiding officer and applicable rules of procedure of the governing body shall be observed.
B. 
Special. Special committees shall be appointed by the Mayor unless otherwise determined by the governing body.
C. 
Reports. Reports of standing or special committees shall be made in writing and shall be submitted together with the petition, resolution, account or other paper under consideration. All reports shall be filed with the Clerk for entry in the minutes.
All officers elected or appointed to any municipal office shall take an oath or affirmation to support the Constitution of the United States, the Constitution and laws of the State of New Mexico and to faithfully perform the duties of the office. The governing body shall provide that the payment of premiums on surety bonds of any officer of the municipality shall be made by the City Treasurer from funds so designated by the Council.
Any person elected or appointed to an elective office of the municipality may be removed from office in accordance with applicable state law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).