Johnson v. City of Alamogordo

OPINION

FROST, Justice.

1.This case addresses an issue of first impression in New Mexico: whether, in a home-rule municipality, an ordinance changing the rates that a city-owned utility charges is subject to popular review by referendum. We decide that such an ordinance is not subject to a referendum.

I. FACTS

2. In 1977 the City of Alamogordo, New Mexico, passed revenue bond Ordinance 555 to finance city water and sewer improvements. As required by Ordinance 555, Alamogordo conducted yearly audits of water and sewer revenues and expenses. These audits identified deficits for the years 1990…