Joint Powers Agreements

NMSA 1978 ch. 11, art. 1

in effect

NMSA 1978, § 11-1-1 Short title

11-1-1. Short title This act [11-1-1 to 11-1-7 NMSA 1978] may be cited as the "Joint Powers Agreements Act." 1953 Comp., § 4-22-1, enacted by Laws 1961, ch. 135, § 1.

NMSA 1978, § 11-1-2 Definitions

11-1-2. Definitions As used in the Joint Powers Agreements Act: A. "public agency" means the federal government or a federal department, agency or instrumentality; this state, another state or a state department, agency or instrumentality; an Indian nation, tribe or pueblo; a subdivision of an Indian nation, tribe or pueblo that has authority pursuant to the law of that Indian nation, tribe or pueblo to enter into joint powers agreements directly with the state; a county, municipality, public corporation or public district of this state or another state; a New Mexico educational institution specified in Article 12, Section 11 of the constitution of New Mexico; and a New Mexico school district; B. "agreement" means a written contractual agreement entered into between two or more public agencies subject to a constitutional or legislative restriction imposed upon any of the contracting public agencies, but the Joint Powers Agreements Act does not authorize an interstate water supply agreement or limit the powers of an interstate water compact commission, the interstate stream commission or the state engineer, and it does not limit the powers of a state agency or political subdivision to enter into agreements with the interstate stream commission or the state engineer; C. "bonds" means revenue bonds; D. "bondholder" means a person who is the bearer of an outstanding bond or the owner of bonds that are at the time registered to other than the bearer; E. "indenture" means the instrument providing the terms and conditions for the issuance of the bonds and may be a resolution, order, agreement or other instrument; and F. "instrumentality" means a public corporate entity created by state law but that is not subject to the general laws of the state and is not a state agency or department. 1953 Comp., § 4-22-2, enacted by Laws 1961, ch. 135, § 2; 1963, ch. 253, § 1; 1977, ch. 128, § 1; 1984, ch. 88, § 1; 1998, ch. 63, § 3; 1999, ch. 100, § 1; 2009, ch. 153, § 1.

NMSA 1978, § 11-1-3 Authority to enter into agreements; approval of the secretary of finance and administration required

11-1-3. Authority to enter into agreements; approval of the secretary of finance and administration required If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, even though one or more of the contracting parties may be located outside this state; provided, however, nothing contained in this Joint Powers Agreements Act shall authorize any state officer, board, commission, department or any other state agency, institution or authority, or any county, municipality, public corporation or public district to make any agreement without the approval of the secretary of finance and administration as to the terms and conditions thereof. Joint powers agreements approved by the secretary of finance and administration shall be reported to the state board of finance at its next regularly scheduled public meeting. A list of the approved agreements shall be filed with the office of the state board of finance and made a part of the minutes. 1953 Comp., § 4-22-3, enacted by Laws 1961, ch. 135, § 3; 1977, ch. 128, § 2; 1983, ch. 301, § 24.

NMSA 1978, § 11-1-4 Terms and conditions of joint agreements

11-1-4. Terms and conditions of joint agreements A. Every agreement executed by one or more public agencies shall clearly specify the purpose of the agreement or for any power which is to be exercised. The agreement shall provide for the method by which the purpose will be accomplished and the manner in which any power will be exercised under such agreement. B. The parties to the agreement may provide therein that: (1) contributions from the funds of the public agencies may be made for the purpose set forth in the agreement; or (2) payments of public funds may be made to defray cost of such agreement; or (3) advances of public funds of the public agencies be made for the purpose set forth in the agreement and that such advances be repaid as provided in such agreement. C. The agreement may provide that funds be paid to and disbursed by the agency agreed upon by the public agencies under the terms of the agreement. D. The agreement shall provide for strict accountability of all receipts and disbursements. E. The agreement may be continued for a definite term or until rescinded or terminated, and may provide for the method by which it may be rescinded or terminated by any party. F. The agreement shall provide for the disposition, division or distribution of any property acquired as the result of the joint exercise of powers, and shall further provide that after the completion of the agreement's purpose any surplus money on hand shall be returned in proportion to the contributions made. G. If the purpose set forth in [the] agreement is the acquisition, construction or operation of a revenue-producing facility, the agreement may provide: (1) for the repayment or return to the parties of all or any part of any contributions, payments or advancements made by the parties pursuant to such agreement; and (2) for payment to the parties of any sum derived from the revenues of such facilities. H. Payments, repayments or returns to a public agency shall be made at the time and in the manner specified in the agreement. 1953 Comp., § 4-22-4, enacted by Laws 1961, ch. 135, § 4.

NMSA 1978, § 11-1-5 Powers of administering agency under agreement

11-1-5. Powers of administering agency under agreement A. The agency provided by the agreement to administer or execute the agreement may be one of the parties to the agreement or a commission or board constituted pursuant to the agreement. B. The administering agency under any such agreement shall be considered under the provisions of this Joint Powers Agreements Act as an entity separate from the parties to such agreement. C. The agency shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement, subject to any of the restrictions imposed upon the manner of exercising such power of one of the contracting public agencies or such restrictions of any public agency participating which may be designated or incorporated in the agreement. 1953 Comp., § 4-22-5, enacted by Laws 1961, ch. 135, § 5.

NMSA 1978, § 11-1-6 Privileges and immunities, exemptions, benefits

11-1-6. Privileges and immunities, exemptions, benefits All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation and other benefits which apply to the activity of officers, agents or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of the Joint Powers Agreements Act. 1953 Comp., § 4-22-6, enacted by Laws 1961, ch. 135, § 6.

NMSA 1978, § 11-1-7 Power to issue revenue bonds

11-1-7. Power to issue revenue bonds In addition to other powers, any agency, commission or board provided for by a joint powers agreement pursuant to this Joint Powers Agreements Act may issue revenue bonds to pay the cost and expenses of acquiring or constructing any structures, facilities or equipment necessary to effectuate the purposes of the agreement; provided, however, such authority shall be subject to the provisions of the Joint Powers Agreements Act and the constitutional provisions of this state. 1953 Comp., § 4-22-7, enacted by Laws 1961, ch. 135, § 7.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18511/index.doFetched: 10/20/2026