Index to
(the charter itself is available here)Home Rule Charter
for the City of
Las Cruces, New Mexico
Set out herein is the Home Rule Charter for the City of Las Cruces, New Mexico, as approved by the electorate on March 5, 1985. A history note in parentheses following a section indicates the section has been amended by the legislation enumerated in the note. Words contained in brackets [ ] have been included by the editor for clarity. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.
State law references: Municipal charters, NMSA 1978, §§ 3-15-3 – 3-15-16
Table of Contents for the City Charter
Article I. Incorporation and Powers
Section 1.01. Municipal corporation and powers
Section 1.02. Construction
Sec. 1.03. Additional powers of the city
Sec. 1.04. Boundaries
Sec. 1.05. Limitation on powers
Article II: City Council
Sec. 2.01. Composition, eligibility, election and terms, districts,
boundaries and revisions
Sec. 2.02. Salary’ expenses
Sec 2.03. Mayor; mayor pro tem.
Sec. 2.04. General powers and duties
Sec. 2.05. Prohibitions
Sec. 2.06. Vacancies; forfeiture of office; filling of vacancies.
Sec. 2.07. Certification of elections.
Sec. 2.08. Procedure
Sec. 2.09. Action requiring an ordinance.
Sec. 2.10. Ordinances and resolutions
Sec. 2.11. Emergency ordinances
Sec. 2.12. Codes of technical regulations
Sec. 2.13. Authentication and recording; codification; distribution.
Sec. 2.14. Establishment of boards, commissions, authorities
and agencies
Article III. City Manager
Sec. 3.01. Appointment; qualifications; removal.
Sec. 3.02. Powers and duties
Article VI: Administration
Sec. 4.01. General provisions
Sec. 4.02. Personnel system.
Sec. 4.03. City Attorney
Sec. 4.04. City clerk
Sec. 4.05. Citizen complaints
Article V. Financial Procedures
Sec. 5.01. Fiscal year
Sec. 5.02. Submission of budget and budget message
Sec. 5.03. Budget message
Sec. 5.04. Budget
Sec. 5.05. Capital improvements program
Sec. 5.06. Council action on budget and capital improvements
Program
Sec. 5.07. Public records
Sec. 5.08. Amendments after adoption
Sec. 5.09. Independent audit
Sec. 5.10. Procurement
Sec. 5.11. Investment of public funds
Article VI. Planning
Sec. 6.01. Planning authority
Sec. 6.02. Comprehensive plan
Sec. 6.03. Use of comprehensive plan
Article VII. City Elections
Sec. 7.01. Elections
Sec. 7.02. Nominations
Sec. 7.03. Ballots
Sec. 7.04. Watchers and challengers
Sec. 7.05. Determination of election results
Sec. 7.06. Ballots for ordinances, Charter amendments and
Charter repeal
Sec. 7.07. Voting procedures
Article VIII. Initiative, Referendum and Recall
Sec. 8.01. General authority
Sec. 8.02. Commencement of proceedings; petitioners'
committee; affidavit
Sec. 8.03. Petitions
Sec. 8.04. Procedure after filing
Sec. 8.05. Referendum petitions; time for filing;
suspension of effective ordinances
Sec. 8.06. Initiative petitions; action by council
Sec. 8.07. Recall petitions
Sec. 8.08. Action on petitions
Sec. 8.09. Results of election
Article IX. Municipal Court
Sec. 9.01. Jurisdiction; powers; duties
Sec. 9.02. Municipal judges
Sec. 9.03. Qualification; bond; salary
Sec. 9.04. Temporary incapacity or absence
Sec. 9.05. Counsel for indigents
Article X. General Provisions
Sec. 10.01. Repeal of certain existing laws
Sec. 10.02. Existing ordinances and resolutions
Sec. 10.03. Duration of existing ordinances and resolutions
Sec. 10.04. Rights and property
Sec. 10.05. Severability
Sec. 10.06. Existing contracts and franchises
Sec. 10.07. Civil and criminal actions or proceedings
Sec. 10.08. Repeal and amendment of Charter
Sec. 10.09. Ballots and notices, English and Spanish
Sec. 10.10. Conflict of interest
Article XI. Transitional Provisions
Sec. 11.01. Schedule of implementation
Sec. 11.02. Expenses and salaries
Sec. 11.03. Schedule
Sec. 11.04. Municipal judge
Sec. 11.05. Initial petition requirements