(A) Purpose. The public health, safety, comfort, convenience, and general welfare of the people of the city require harmonious, orderly, and coordinated development of public works projects constructed and financed through the Special Assessment District process. The purpose of this policy is to create steps and standards for the initiation and implementation of Special Assessment Districts (SADs) by:
(1) Providing an understanding of SADs.
(2) Identifying responsibilities of property owners and the city.
(3) Outlining steps to be followed in the technical and legal development and construction of SADs.
(B) Legal Basis. The legal authority for SADs is Article 33, Chapter 3 of the New Mexico Statutes Annotated 1978, as amended and as construed by the courts of the State of New Mexico and as supplemented by the city's home rule authority pursuant to Article X, Section 6 of the Constitution of the State of New Mexico. These legal authorities govern the creation of SADs, and, while the steps and standards set out in this article are to be followed by the city or its agents, no failure by the city or its agents to comply with the provisions of this article shall invalidate or make unlawful any SAD created in compliance with governing legal authorities.
(C) Jurisdiction.
(1) Territorial Jurisdiction. This policy shall govern SADs created by the city within the boundaries of Bernalillo county. SADs which include improvements or assessments outside the boundaries of the city, but within Bernalillo county, shall be formed in accordance with the terms of the Act.
(2) Subject Matter Jurisdiction. This policy applies whenever an SAD is proposed to construct, acquire, repair, or maintain in one or more locations, any one or any combination of the following projects, including without limitation, any right of way, easement or privilege appurtenant or related thereto as permitted by the Act:
(a) A street, road, bridge, walkway, overpass, underpass, storm drainage project, pathway, alley, curb, gutter, or sidewalk project, including, without limitation, median and divider strips, parkways and boulevards, ramps and stairways, interchanges, alleys and intersections, storm sewers, drains, catch basins, arches, support structures and pilings, and the grading, regrading, oiling, surfacing, graveling, excavating, paving, repairing, laying, backfilling, leveling, lighting, landscaping, beautifying or in any manner improving all or any part of one or more streets, roads, bridges, walkways, pathways, curbs, gutters or sidewalks or any combination of the foregoing;
(b) A storm sewer project, sanitary sewer project or water project, including, without limitation, investigation, planning, constructing, acquiring, excavating, laying, leveling, backfilling or in any manner improving all or any part of one or more storm sewers, drains, sanitary sewers, water lines, trunk lines, mains, laterals and property connections and acquiring or improving hydrants, meters, valves, catch basins, inlets, outlets, lift or pumping stations and machinery and equipment incidental thereto or any combination of the foregoing;
(c) A flood control or storm drainage project, including, without limitation, the investigation, planning, construction, improvement, replacement, repair or acquisition of dams, dikes, levees, ditches, canals, basins and appurtenances such as spillways, outlets, syphons and drop structures, channel construction, diversions, rectification and protection with appurtenant structures such as concrete lining, banks, revetments, culverts, inlets, bridges, transitions and drop structures, rundowns and retaining walls, storm sewers and related appurtenances such as inlets, outlets, manholes, catch basins, syphons and pumping stations, appliances, machinery and equipment and property rights connected therewith or incidental thereto convenient and necessary to control floods or provide drainage and lessen their danger and damages;
(d) A utility project providing gas, electricity or telephone service;
(e) Construction, repair and maintenance of facilities designed for the parking of motor vehicles off the public streets;
(f) Construction or acquisition, repair, operation and maintenance of one or more of the following inadequacies necessary to bring an obsolete and premature subdivision into compliance within an SAD within the boundaries of the city:
1. Street right-of-way or street access control;
2. Drainage easements or right-of-way;
3. Park, recreation, or open space areas;
4. Overall grading and drainage plan; or
5. Adequate subdivision grading both on or off the public right-of-way;
(g) Construction, repair or maintenance of improvements in one or more locations as a means to stimulate manufacturing, industrial, commercial or business development; or
(h) Any other projects now or hereafter authorized under the laws of the state and the powers of the city.
(D) Administration of Policy. This policy shall be administered by the Public Works Department, Planning Department, Department of Finance and Administrative Services, the Legal Department, the Office of Management and Budget and such other Departments designated by the Mayor, under the direction of the Mayor.
(E) Applicability/Provisional Order Method. This policy shall, in its entirety, be applicable to all SADs within the jurisdiction of this policy as specified in division (C) of this section which are proposed and initiated pursuant to the provisional order method as described in the Act.
(F) Applicability/Petition Method. This policy, except for the provisions governing initial procedures for establishment of an SAD, shall be applicable to all SADs within the jurisdiction of this policy as specified in division (C) of this section which are proposed and initiated pursuant to the petition method as described in the Act. SADs established pursuant to the petition method shall be established in accordance with the provisions of the Act. Such SADs shall further be subject to review by the SRC under this article prior to approval by the City Council.
(Ord. 44-1996)