[History: Adopted by the Mayor and Council of the Village
of Bosque Farms 5-19-2016. Amendments noted where applicable.]
The ordinances and certain resolutions of the Village of Bosque
Farms, as codified by General Code, LLC, and consisting of Chapters
1 through 13, together with an Appendix, shall be known collectively
as the "Code of the Village of Bosque Farms," hereafter termed the
"Code." Wherever reference is made in any of the ordinances and resolutions
contained in the Code of the Village of Bosque Farms to any other
ordinance or resolution appearing in said Code, such reference shall
be changed to the appropriate chapter title, chapter number or section
number appearing in the Code as if such ordinance or resolution had
been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1980 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such 1980 Code, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Mayor and Council of the Village of Bosque Farms, and it is the intention of said governing body that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances and/or resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-1-3 below.
All ordinances of a general and permanent nature of the Village
of Bosque Farms in force on the date of the adoption of this ordinance
which are inconsistent with any provisions of the Code and not contained
herein or recognized and continued in force by reference therein are
hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred under any
legislative provision of the Village of Bosque Farms prior to the
effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision of the Village
of Bosque Farms or any penalty, punishment or forfeiture which may
result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the Village of Bosque
Farms.
D.
Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Bosque
Farms.
E.
Any ordinance of the Village of Bosque Farms providing for the laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the Village of Bosque Farms or any portion thereof.
F.
Any ordinance of the Village of Bosque Farms appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Village
of Bosque Farms or other instruments or evidence of the Village of
Bosque Farms' indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any ordinance relating to salaries and compensation.
K.
Any ordinance
amending the Zoning Map.
L.
Any ordinance relating to or establishing a pension plan or pension
fund for the Village of Bosque Farms employees.
M.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Village
of Bosque Farms.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code has been filed in the office of the Clerk/Administrator
of the Village of Bosque Farms and shall remain there for use and
examination by the public until final action is taken on this ordinance;
and, if this ordinance shall be adopted, such copy shall be certified
by the Clerk/Administrator of the Village of Bosque Farms by impressing
thereon the Seal of the Village of Bosque Farms, and such certified
copy shall remain on file in the office of said Clerk/Administrator,
to be made available to persons desiring to examine the same during
all times while said Code is in effect. The enactment and publication
of this ordinance, coupled with the availability of a copy of the
Code for inspection by the public, shall be deemed, held and considered
to be due and legal publication of all provisions of the Code for
all purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
"Code of the Village of Bosque Farms" or any new ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention
of the governing body of the Village of Bosque Farms to be a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such
additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be published as amendments
and supplements thereto. Nothing contained in this ordinance shall
affect the status of any ordinance or resolution contained herein,
and such ordinances or resolutions may be amended, deleted or changed
from time to time as the governing body of the Village of Bosque Farms
deems desirable.
It shall be the duty of the Village of Bosque Farms Clerk/Administrator
to keep up-to-date the certified copy of the Code of the Village of
Bosque Farms required to be filed in the office of the Village of
Bosque Farms Clerk/Administrator for use by the public.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village of Bosque Farms Clerk/Administrator, or
an authorized agent of the Clerk/Administrator, upon the payment of
a fee to be set by resolution of the governing body of the Village
of Bosque Farms. The Clerk/Administrator may also arrange for procedures
for the periodic supplementation of the Code.
Any person who, without authorization from the Village of Bosque
Farms Clerk/Administrator, changes or amends, by additions or deletions,
any part or portion of the Code of the Village of Bosque Farms or
who alters or tampers with such Code in any manner whatsoever which
will cause the legislation of the Village of Bosque Farms to be misrepresented
thereby or who violates any other provision of this ordinance shall
be guilty of an offense and shall, upon conviction thereof, be subject
to a fine of not more than $500 or imprisonment for a term of not
more than 90 days, or both, in accordance with NMSA § 4-37-3.
A.
In compiling and preparing the ordinances and resolutions for publication as the Code of the Village of Bosque Farms, no changes in the meaning or intent of such ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the governing body of the Village of Bosque Farms that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance.
A.
This ordinance shall take effect 30 days from the date of recording
by the Village of Bosque Farms Clerk/Administrator of a copy authenticated
by the Clerk/Administrator's signature, following public hearing
and adoption by the governing body of the Village of Bosque Farms.
B.
Unless the governing body of the Village of Bosque Farms declares
that it is necessary for the public peace, health and safety that
an ordinance take effect immediately after passage, all enacted ordinances
shall become effective 30 days from the date of recording by the Village
of Bosque Farms Clerk/Administrator of a copy authenticated by the
Clerk/Administrator's signature, following public hearing and
adoption by the governing body of the Village of Bosque Farms.
C.
Where the governing body of the Village of Bosque Farms declares
that it is necessary that an ordinance take immediate effect, the
ordinance shall take effect when it is recorded by the Village of
Bosque Farms Clerk/Administrator as provided above (NMSA § 4-37-9).
The Village of Bosque Farms' ordinances are effective within
the boundaries of the Village of Bosque Farms, including privately
owned land or land owned by the United States. However, ordinances
are not effective within the limits of any unincorporated municipality.
In the event of conflict between the provisions of this Code
and other ordinances or provisions of the New Mexico Statutes, the
provision imposing the greater restriction shall prevail.
