N.M. Stat. § 3-42-1
Franchises; authorization.
A. A municipality may grant, by ordinance, a franchise to any person, firm or
corporation for the construction and operation of any public utility.
B. No franchise ordinance shall become effective until at least thirty days after its
adoption, during which time the franchise ordinance shall be twice published in full, not
less than seven days apart.
C. If, during the thirty-day period, a petition signed by bona fide adult residents of
the municipality equal in number to twenty percent of the number of those who voted at
the last regular municipal election, and objection to the granting of the franchise is
presented to the governing body of the municipality, the governing body of the
municipality shall submit the question of granting the franchise to a vote of the qualified
electors at a regular or special municipal election. If the date for the next regular
municipal election is not more than ninety days after the date the petition is filed, the
question shall be submitted at the regular municipal election; otherwise, a special
municipal election shall be held.
D. If a majority of the qualified electors voting on the question favor the granting of a
franchise, the franchise ordinance becomes effective. If a majority of the qualified
electors voting on the question do not favor granting the franchise, the ordinance is
repealed and the applicant for the franchise acquires no rights or privileges.
E. The expense of publishing the franchise ordinance and of holding a special
election shall be paid by the applicant for the franchise.
F. No franchise ordinance shall be in effect for more than twenty-five years. The
municipality may contract with the public utility for such services as are necessary for
the health and safety of the municipality and may pay a sum agreed upon by the
contracting parties for such services.