A. A municipality may establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the municipality for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interests and rents accruing from such property in any manner that will best improve the library and its use.
B. After a public library is established, the secretary of state shall furnish to the public library a copy of any work subsequently published under his authority.
C. A municipality establishing a public library may enter into contracts and joint powers agreements with other municipalities, counties, local school boards, post-secondary educational institutions and the library division of the office of cultural affairs for the furnishing of library services. In the interest of establishing a county or regional library, a municipality may convey its library facilities to the county as part of a contract for furnishing library services to the inhabitants of the municipality by the county or regional library.
History: 1953 Comp., § 14-17-12, enacted by Laws 1965, ch. 300; 1977, ch. 246, § 45; 1980, ch. 151, § 1; 1999, ch. 20, § 1.
Cross references. — For tax exemption of public library property, see N.M. Const., art. VIII, § 3.
For county library services, see 4-36-1, 4-36-2 NMSA 1978.
For joint city-county building, see 5-5-1 NMSA 1978 et seq.
For distribution of session laws, see 8-4-6 NMSA 1978.
The 1999 amendment, effective June 18, 1999, inserted "Municipal" in the catchline, substituted the language beginning "enter into" and ending "institutions and" for "contract with the county, adjoining counties or" in the first sentence of Subsection C, and made minor stylistic changes.
Cities may issue bonds for erection of public library buildings. Bachechi v. City of Albuquerque, 1924-NMSC-033, 29 N.M. 572, 224 P. 400.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 543.
Municipality's power to accept and administer trust for library, 10 A.L.R. 1377.
Erection of library in park, 18 A.L.R. 1255, 63 A.L.R. 484, 144 A.L.R. 486.
Exemption of library from taxation, 62 A.L.R. 333, 108 A.L.R. 284.
Exercise of eminent domain for purpose of library, 66 A.L.R. 1496.
Garage, validity of regulations prohibiting erection within certain distance of library, 84 A.L.R. 1152.
Structure New Mexico Statutes
Article 18 - Powers of Municipalities
Section 3-18-1 - General powers; body politic and corporate powers.
Section 3-18-2 - Prohibition on municipal taxing power.
Section 3-18-4 - Buildings; construct, purchase, rehabilitate, care for.
Section 3-18-6 - Building construction and restrictions; establishing fire zones.
Section 3-18-10 - Power of eminent domain; purposes; proceedings.
Section 3-18-11 - Fire prevention and protection; insurance for volunteer firemen.
Section 3-18-12 - Food and merchandise; regulation and inspection.
Section 3-18-13 - Industrial nuisances and nauseous locations; regulation and prohibition.
Section 3-18-15 - Works of art; other works; acquisition and maintenance.
Section 3-18-16 - Markets and market places.
Section 3-18-17 - Nuisances and offenses; regulation or prohibition.
Section 3-18-19 - Park and recreation construction authorized.
Section 3-18-20 - Police ordinances; county jails.
Section 3-18-21 - Railroads; street railroads; crossings.
Section 3-18-23 - Steam boiler inspection.
Section 3-18-24 - Licensing and regulating secondhand and junk stores.
Section 3-18-25 - Water systems; sewers; assessments.
Section 3-18-26 - Toll bridges.
Section 3-18-27 - Trees and shrubs.
Section 3-18-28 - Municipal employees' retirement system.
Section 3-18-29 - [Foreign-trade zones.]
Section 3-18-30 - Parking citations; certain municipalities; administrative cost assessment.
Section 3-18-31 - Sale of gasoline; authority of the municipality.
Section 3-18-32 - Limitation of county and municipal restrictions on solar collectors.