Pursuant to the powers granted to the City under Article X, Section 6, of the New Mexico Constitution and the Charter of the City, the Council hereby adopts the following procedure specifically for the disposition of the Open Space Exchange Lands. The method set out herein is intended to be an alternative to the provisions governing disposition provided for in § 5-2-1 et seq., or any other laws or ordinances governing disposition of real property by the City.
(A) Methods of Disposition.
(1) The City may sell, lease, or exchange the Open Space Exchange Lands by any reasonable means, including, but not limited to, the use of competitive bidding, request for proposals or negotiation. The Mayor shall not make or consider offers to dispose of land under this section until he has advertised his offer to dispose or his willingness to consider offers in a public notice in a daily newspaper of general circulation in the City, or if the land is not located within Albuquerque, then in the County in which the land is located; such notice shall give relevant information as to the City’s offer or the types of offers which would be acceptable to the City. Open Space Exchange Lands may be exchanged by private exchange:
(a) For lands designated as Major Public Open Space by the Albuquerque/Bernalillo County Comprehensive Plan or other adopted City plans; or
(b) For land that the City wishes to acquire for subsequent sale or exchange for lands designated as Major Public Open Space by the Albuquerque/Bernalillo County Comprehensive Plan or other adopted City plans.
(2) Land acquired by exchange for subsequent sale shall be deemed to be Open Space Exchange Land subject to §§ 4-2-3-1 et seq. and the Agreement with the Albuquerque Academy. The Mayor shall obtain appraisals of each parcel of land to be acquired, traded or sold before making or considering offers for disposal. Appropriate fees will be paid to any outside professional service utilized to affect the disposition of land under this section; such service includes, but is not limited to, title insurance, engineering, surveying, legal, brokerage, and appraisal.
(B) Report by the Mayor and Approval by the Council or Its Designee.
(1) The Mayor shall report any final decision to dispose of any of the Open Space Exchange Lands to the City Council for its approval, and no sale, lease, exchange or other disposition of any of the Open Space Exchange Lands shall occur without the notification of and an opportunity to comment by the Open Space Advisory Board prior to final approval of the City Council.
(2) All proposals which are submitted to the Council in accordance with the requirements of this section shall be supported by a message setting out the circumstances, benefits, responsibilities and advantages relative thereto.
(3) All offers and related documentation received by the City as part of the disposal of each parcel of the Exchange Lands shall be transmitted to the Council along with the proposal.
(4) The Council’s approval power is delegated to the Open Space Advisory Board in the following cases: any license, easement, grant of right-of-way or leasehold interest of less than ten years in duration, including any lease extensions or renewals, granted to any entity authorized to exercise the power of eminent domain in the State, provided the value of the land so encumbered does not exceed $100,000. An aggrieved person shall have the right to appeal such decision to the City Council within 15 days of the decision.
('74 Code, § 4-11-5) (Ord. 72- 1988; Am. Ord. 39-1990; Am. Ord. 2015-028; Am. Ord. 2023-034)