3-24-16. Municipal liability.
171 words·~1 min read·
/nm/chapter-3-municipalities/article-24-electric-utility/3-24-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In carrying out the powers granted by the Municipal Electric Generation Act [3-24-11 to 3-24-18 NMSA 1978], a municipality shall be liable only for its own acts with regard to the acquisition, operation, maintenance or management of a jointly owned generating facility in which it has any interest and shall not be liable for the acts, omissions or obligations of any other joint participant. The term "joint participant" as used in this section does not include an agent designated pursuant to Section 3-24-15 NMSA 1978 acting in its capacity as such.
The provisions of this section shall not affect the liabilities, immunities, duties, limitations or other provisions affecting a municipality or public employee granted, permitted, required or provided for in the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], as amended from time to time, nor the liabilities and duties assumed by the municipality under a contract pursuant to Section 3-24-15 NMSA 1978.
History: 1978 Comp., § 3-24-16, enacted by Laws 1979, ch. 260, § 13; 1981, ch. 124, § 2.