A. The legislature shall, by general law, provide for the formation of combined city and county municipal corporations, and for the manner of determining the territorial limits thereof, each of which shall be known as a "city and county," and, when organized, shall contain a population of at least fifty thousand (50,000) inhabitants. No such city and county shall be formed except by a majority vote of the qualified electors of the area proposed to be included therein, and if the proposed area includes any area not within the existing limits of a city, a majority of those electors living outside the city, voting separately shall be required. Any such city and county shall be permitted to frame a charter for its own government, and amend the same, in the manner provided by the legislature by general law for the formation and organization of such corporations.

B. Every such charter shall designate the respective officers of such city and county who shall perform the duties imposed by law upon county officers and shall make provisions for the payment of existing city and county indebtedness as hereinafter required. The officers of a city and county, their compensation, qualifications, term of office and manner of election or appointment, shall be as provided for in its charter, subject to general laws and applicable constitutional provisions. The salary of any elective or appointive officer of a city and county shall not be changed after his election or appointment or during his term of office; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed. Every such city and county shall have and enjoy all rights, powers and privileges asserted in its charter not inconsistent with its general laws, and, in addition thereto, such rights, powers and privileges as may be granted to it, or possessed and enjoyed by cities and counties of like population separately organized.

C. No city or county government existing outside the territorial limits of such city and county shall exercise any police, taxation or other powers within the territorial limits of such city and county, but all such powers shall be exercised by the city and county and the officers thereof, subject to such constitutional provisions and general laws as apply to either cities or counties.

D. In case an existing county is divided in the formation of city and county government, such city and county shall be liable for a just proportion of the existing debts or liabilities of the former county and shall account for and pay the county remaining a just proportion of the value of any real estate or other property owned by the former county and taken over by the city and county government, the method of determining such proportion shall be prescribed by general law, but such division shall not affect the rights of creditors.

E. Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding apportionment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or organization of the district or probate courts. (As added September 20, 1949.)

ANNOTATIONS

The 1949 amendment to Article X, which was proposed by H.J.R. No. 13 (Laws 1949) and adopted at a special election held on September 20, 1949, by a vote of 15,140 for and 11,974 against, added this section to the article.

Cross references. — For classification of counties, see 4-44-1 NMSA 1978.

Section allows merger of class A county and city. — Sections 3-16-1 to 3-16-18 NMSA 1978 and this section allow a class A county and city to merge. 1971 Op. Att'y Gen. No. 71-124.

No charter until population reaches 50,000. — Los Alamos county may not adopt a charter providing for a combined city-county government until the population within the proposed territorial limits is 50,000 or more. 1962 Op. Att'y Gen. No. 62-96.

Section supersedes general vacancies provision. — The charter of a combined city and county may provide for filling vacancies in its commission contrary to the provisions of N.M. Const., art. XX, § 4, which specifies vacancy procedures. Where certain restrictions on the combined corporation are enumerated, as in Subsection E of this section, the omitted restrictions are intended to be overruleable. The latter date of this section further supports this conclusion, which leaves both constitutional provisions operative in the area covered by each. 1957 Op. Att'y Gen. No. 57-204.

Proper subjects of general laws. — The state may authorize by legislation abolition of county officers existing and the transfer of their functions to other offices, and provide for the appointment rather than election of officials to carry on the duty of these officers. 1957 Op. Att'y Gen. No. 57-24.

"Appointive officer" construed. — An appointive officer is an officer so designated in the city-county charter. 1957 Op. Att'y Gen. No. 57-24.

"Term of office" construed. — A term of office is that designated by the city-county charter, or in the absence thereof, as provided by existing law for city and county offices. 1957 Op. Att'y Gen. No. 57-24.

Municipal code prevails over existing city charter. — Where the Municipal Code (Laws 1965, ch. 300, presently compiled as 3-1-1 NMSA 1978 et seq.) was adopted after and in conflict with the city charter of Gallup, the code prevails under this section and also because the code's savings clause (Laws 1965, ch. 300, § 592) said that all ordinances in effect should continue except as modified by the code. 1967 Op. Att'y Gen. No. 67-35.

Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 44; 62 C.J.S. Municipal Corporations §§ 188, 196; 82 C.J.S. Statutes § 188.