The Village of Capitan, New Mexico was incorporated on the first (1st)
day of February, 1937, by Order and Proceedings of the County Commissioners
of Lincoln County; a certified copy of said proceedings are on file in the
Office of the Municipal Clerk. [Ord. 66-1]
[No information on file]
[No information on file. See also Section 1-2-1.]
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The Governing Body of the Village of Capitan shall consist of Mayor and
four (4) councilmen, known as the Board of Trustees, all of whom shall be
elected as provided by Law, and all legal powers of the Village of Capitan
shall be vested in said Board of Trustees. The other Elective Office of
the Village of Capitan shall be a Municipal Judge whose term of office is
four (4) years. [Ord. 66-1, as amended by M.C. 1981, Ord. 81-1
(1)
]
A. The duties and powers of the Mayor shall be in accordance with the Laws and Statutes of the State of New Mexico in force, and as the same, may from time to time be amended, including power to declare emergencies.
B. The duties and powers of the members of the Board of Trustees shall be in accordance with the Laws and Statutes of the State of New Mexico in force, and as the same may from time to time be amended, including the power to declare emergencies. [Ord 66-1, as amended by M.C. 1981, Ord. 81-1]
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The compensation for the elected officials for the Village of Capitan
shall be as follows:
A. Mayor Compensation: The Compensation of the Mayor for his ordinary
services shall be five hundred dollars ($500.00) a month.
B. Trustee Compensation: Members of the Governing Body of the
Village of Capitan will be entitled to receive compensation in the amount
of one hundred dollars ($100.00) a month. The Mayor and Trustees may be
entitled to other compensation or allowances as may be provided by law.
The regular term of the Mayor shall be for a period of four (4) years, and the regular term of the Trustees shall be for a period of four (4) years, and the election for a Mayor and the Trustees shall be held on the first Tuesday in March in each even-numbered year. The term of office for the members of the Board of Trustees shall be staggered so that the term of office for one half of the members of the Board of Trustees will expire every two (2) years. Each newly elected official shall within ten (10) days after his certification of election by the Clerk, as provided by law, take an oath or affirmation to support the Constitution of the United States, the Constitution and laws of New Mexico, and to faithfully perform the duties of his office. The Governing Body, consisting of the newly elected and qualified officers, and the officers whose terms have not expired or whose successors have not been elected and qualified, shall meet on the second Monday following the Municipal Election to organize itself. [Ord. 66-1, as amended by M.C. 1981, Ord. 81-1]
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1-5-2 Order of Business, Ordinances and Resolutions
The Board of Trustees shall hold regular meetings on the second Monday of each month at the hour of 7:00 p.m. and may hold special meetings from time to time, if business requires, upon the call of the Mayor, or Mayor pro-tem who is elected and named by the Board of Trustees at their organizational meeting after each municipal election. A majority of the members of the Governing Body may also call special meetings upon proper notification of same to each member. [Ord. 66-1 as amended by M.C. 1981, Ord. 81-1]
1-5-2 ORDER OF BUSINESS, ORDINANCES AND RESOLUTIONS:
A. The Order of Business at all regular meetings shall be in accordance
with the agenda as prepared by the Clerk and/or the Governing Body.
B. All Ordinances and/or Resolutions enacted by the Governing Body
of the Village of Capitan shall be done in accordance with the Laws and
Statutes of the State of New Mexico in force, and as the same may from time
to time be amended. [Ord.66-1]
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All election proceedings for Village elections shall be conducted in
the manner prescribed by the Laws and Statutes of the State of New Mexico
in force, and as the same may from time to time be amended. [66-1]
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A Seal, the impression of which shall be as follows:
In the center the word "Incorporated Seal" around the outer edge, the
words "Village of Capitan, New Mexico", shall be and hereby is declared
to be the Seal of the Village of Capitan. [Ord.66-1]
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1-8-3 Duties of Appointive Officers
The officers of the Village of Capitan, other than those elected, shall
consist of a Clerk, Treasurer, Manager, Attorney, Marshall, Policemen, and
others as may be deemed necessary to the welfare of the Village. [Ord.66-2]
1-8-2 APPOINTMENT OF OFFICERS:
At the organizational meeting of the Governing Body, the Mayor shall
submit, for confirmation by the Governing Body, the names of persons who
shall be employed to fill the appointive offices. If the Governing Body
fails to confirm any person as an appointive official or employee of the
Municipality, the Mayor at the next regular meeting of the Governing Body
shall submit the name of another person to fill the appointed office or to
be employed by the Municipality. (State Law: NMSA, 3-11-5 et seq., 1978
Comp.) [M.C. 1981, Ord. 81-1]
1-8-3 DUTIES OF APPOINTIVE OFFICERS:
A. CLERK-DUTIES: The Clerk of the Municipality shall perform all duties
as required by the Laws and Statutes of the State of New Mexico and as required
by the Municipality, and/or the Governing Body of the Municipality. With
the approval of the Governing Body, the Clerk may name deputy clerks. (State
Law: NMSA 3-13-1 and 3-37-1 et seq., 1978 Comp.)
B. TREASURER-DUTIES: The Treasurer of the Municipality shall perform
those duties as required by Law. The Office of Clerk and Treasurer may be
combined. (State Law: NMSA 3-37-1 e seq., 1978 Comp.)
C. MANAGER-DUTIES: The Manager of the Municipality shall perform those
duties as provided for by the Laws and Statutes of the State of New Mexico,
and policies of the Governing Body of the Municipality. The offices of
Manager, Clerk and Treasurer may be combined. (State Law: NMSA 3-12-2 et
seq., 1978 Comp.)
D. ATTORNEY-DUTIES: The Attorney of the Municipality shall perform those
duties as provided for by the Laws and Statutes of the State of New Mexico.
(State Law: NMSA, 3-12-3 et seq., 1978 Comp.)
E. POLICE CHIEF DUTIES: The Police Chief and other Policemen shall perform
those duties as provided for by the Laws and Statutes of the State of New
Mexico and other duties as required by the Governing Body of the Municipality.
(State Law: NMSA, 3-13-2 and 3-41-2 et seq., 1978 Comp.) [Ord. 66-2]
Any officer appointed or employed by the Municipality shall take an oath
or affirmation to support the Constitution of the United States, the Constitution
and Laws of the State of New Mexico and to faithfully perform the duties
of his office. (State Law: NMSA, 3-10-2 et seq., 1978 Comp.) [Ord. 66-2]
The Municipality shall require a corporate surety bond from any officers
and/or employees designated by the Governing Body. The Municipality shall
pay for the surety bond. (NMSA 3-10-2 et seq. 1978 Comp.) [Ord. 66-2]
The Governing Body of the Municipality may declare vacated the office
of any person who fails, within ten (10) days after he has been notified
of his appointment to office, to take the Oath of office, or to give bond
when required. [Ord. 66-2]
A. The Governing Body of the Municipality shall prescribe and approve
of the salaries, fees and compensation to be paid to municipal officers
and employees. This shall be done by a merit system or personnel ordinance
as enacted.
B. The Governing Body shall enact and/or approve, if same exists, vacation and sick leave policies as a form of extra compensation for the employees. (NMSA 3-12-3 et seq., 1978 Comp.) [Ord. 66-2]
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1. Village of Capitan Municipal Codification, adopted by Ordinance 81-1.
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