New Mexico Statutes 5-5-3. Definitions
As used in the Joint City-County Building Law, the following words or phrases shall be defined as follows:
Terms Used In New Mexico Statutes 5-5-3
- Bequest: Property gifted by will.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Devise: To gift property by will.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A. “city” means any incorporated city, town or village that is a county seat in the state of New Mexico, whether incorporated or governed under a general act, special act or special charter of any type and includes any combination of such cities, towns or villages located in adjacent counties;
B. “council” or “city council” means the city council, city commission, board of commissioners, board of trustees or other governing body of a city in which the legislative powers of the city are vested. “Councilmen” means the members of the council;
C. “county” means any county or combination of adjacent counties in the state of New Mexico;
D. “board” means the board of county commissioners. “Commissioners” or “county commissioners” means the members of a board;
E. “municipality” means a city or county;
F. “governing body” means a council or board;
G. “building” means any building for use as a county courthouse, city hall, jail, regional jail, library, museum, utility office, garage for housing county and city vehicles, transportation office, communications office, maintenance shop, warehouse, cafeteria and restaurant facilities for county and city personnel, sheriff’s office, police station, fire station, records office and administration building and for similar uses, or any combination thereof, to be acquired and jointly owned by a county and a city as tenants in common;
H. “site” means land and any estate, interest or right therein on which to locate a building. Any building site may include landscaped grounds and off-street parking facilities, including improved or unimproved parking lots and buildings erected above or below the surface of the land for the accommodation of parked motor and other vehicles;
I. “acquisition” or “acquire” means the acquisition by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, endowment, bequest, devise, contract and other acquisition as may be deemed necessary or desirable by the board and council, or any combination thereof;
J. “improvement” or “improve” means the extension, betterment, alteration, reconstruction, repair and other improvement as may be deemed necessary or desirable by the board and council, or any combination thereof;
K. “equipment” or “equip” means furnishing all necessary or desirable, related or appurtenant, facilities, or any combination thereof;
L. “project” means any building site therefor, structure, facility and undertaking of any kind that a county and a city are authorized by the Joint City-County Building Law to acquire, improve, equip, maintain and operate. A project may consist of any kind or all kinds of personal and real property, including land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof;
M. “disposition” or “dispose” means the sale, lease, exchange, transfer, assignment and other disposition as may be deemed necessary or desirable by the board and council, or any combination thereof;
N. “federal government” means the United States or any federal agency, instrumentality or corporation;
O. “state” means the state of New Mexico or, except where the subject matter or context is repugnant thereto, any state agency, instrumentality or corporation;
P. “publication” or “publish” means publication once a week for at least three consecutive weeks commencing at least twenty days prior to the election in any newspaper published in a county;
Q. for the purpose of computing any period of time prescribed in the Joint City- County Building Law, including publications, the day of the first publication, other act or designated time shall be excluded and the day of the last publication, other act or designated time shall be included; and
R. whenever such construction is applicable, words used in the Joint City-County Building Law importing singular or plural number may be construed so that one number includes both; words importing masculine gender shall be construed to apply to the feminine gender as well; and the word “person” may extend to and include a firm and corporation, except in any reference to any election; provided, however, that these rules of construction shall not apply to any part of that law containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.