A. Notwithstanding any other provision of law, the board of county commissioners of any county except a class A county may contract for the use of county equipment or property for the benefit of community ditch associations, mutual domestic water associations or other public entities providing services to significant groups of county residents, which services could legally be provided by a governmental entity. In granting this permission, the board shall specifically describe the equipment or property to be used and the entity on whose behalf it will be used.
B. A board of county commissioners may contract for the use of county buildings for the benefit of nonprofit organizations demonstrating a consistent history of service to sick and indigent persons in the county, which service could legally be expected to be provided by a governmental entity, at rates these organizations can be reasonably expected to pay while maintaining their full service commitment to their respective constituencies. These contracts shall set forth the respective value of services being provided to county residents and the relative value of the use of property provided by the county. A contract entered into pursuant to this subsection is exempt from the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] pursuant to Section 13-1-98.2 NMSA 1978.
History: 1978 Comp., § 4-38-13.1, enacted by Laws 1984, ch. 43, § 1; 2005, ch. 96, § 2; 2009, ch. 155, § 1.
Cross references. — For exercise of county powers through ordinances, see 4-37-1 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in Subsection B, added the last sentence.
The 2005 amendment, effective June 17, 2005, added Subsection B to authorize counties to contract for the use of county buildings for the benefit of nonprofit organizations that provide services to sick and indigent persons at rates those organizations can reasonably pay while maintaining their full service commitment and to require the contract to set forth the respective value of services being provided and the value of the use of county property.
Structure New Mexico Statutes
Article 38 - Board of County Commissioners
Section 4-38-1 - [Exercise of county powers.]
Section 4-38-2 - Members; quorum.
Section 4-38-3 - Residence in districts; period for districting; election at large.
Section 4-38-6 - Election; term.
Section 4-38-7 - [Holding office until successor is qualified.]
Section 4-38-11 - [Chairman; powers and duties.]
Section 4-38-12 - [Seal; sessions to be public; rules and regulations.]
Section 4-38-13 - [Powers; property belonging to county.]
Section 4-38-13.1 - County equipment and property; permitted uses.
Section 4-38-13.2 - Legislative findings; community value.
Section 4-38-14 - [County appropriation for state fair authorized.]
Section 4-38-15 - [Agent of county having charge of county exhibit at state fair; appointment.]
Section 4-38-16 - [Accounts; county buildings; taxation.]
Section 4-38-17 - Tax levy for county general purposes; allocation.
Section 4-38-17.1 - Tax levies authorization; procedures; health purposes.
Section 4-38-18 - [Management in general.]
Section 4-38-24 - Powers over highways.
Section 4-38-26 - [Streets in unincorporated county seats.]
Section 4-38-27 - [Receipts and expenditures; publication of report.]
Section 4-38-28 - [Payments without authority; liability of commissioners.]
Section 4-38-29 - [Approving unauthorized account; penalty; recovery of money.]
Section 4-38-30 - [Neglect of duty; penalty.]
Section 4-38-31 - [Establishment of airports.]
Section 4-38-32 - Eminent domain power for acquiring airports.
Section 4-38-33 - [Eminent domain power over land contiguous and adjacent to airport.]
Section 4-38-34 - [Joint county-municipal operation of airports.]
Section 4-38-35 - [Federal aid for airports; gifts.]
Section 4-38-36 - [Power to issue bonds for airports.]
Section 4-38-37 - [Procedure for issuing bonds for airports.]
Section 4-38-38 - Creation of county advisory boards.
Section 4-38-39 - Duties of board.
Section 4-38-40 - Executive committee.