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   (A)   PIDs should be utilized primarily in connection with the financing of infrastructure for development of residential projects, master planned communities or substantial commercial development and redevelopment. PIDs may also be utilized to provide an enhanced level of public infrastructure amenities and/or municipal services. Public improvements financed by a PID shall be in conformance with applicable long-range City policies for development, including, but not limited to, the Albuquerque/Bernalillo County Comprehensive Plan, the Subdivision Ordinance, the Integrated Development Ordinance, City Ordinance Enactment No. 34-2002, the Ordinance adopting elements of a Planned Growth Strategy; City Resolution No. F/S R-02-111(A) relating to the Planned Growth Strategy Report, including the maps setting forth the current service areas contained in Exhibit A thereto; the current City enactment relating to the Capital Implementation Program; and all supplements and subsequent enactments relating to these measures.
   (B)   All costs and expenses incurred by the City in connection with the application, formation, and operation of a PID shall be paid by the applicant/landowner through advance payments as provided in § 6-9-4(B) and § 6-9-5(A) hereof. Costs and expenses incurred by the City in connection with the application and formation of a PID shall not be liabilities of the City. Advance payments shall include payments for services rendered by City staff, services rendered by outside consultants who may be retained by the City including, but not limited to, bond counsel and other attorneys, financial advisers, engineers, appraisers, and tax consultants. If the City uses outside consultants as "staff," such as attorneys or engineers, those consultants shall be paid their normal rate for services.
   (C)   Subsequent to the approval of an application for formation of a PID by the City Council, and after authorization by the PID exercising its sole discretion, all or part of such advance payments may be reimbursed to the developer/landowner. Reimbursements from bond proceeds may be made to the developer/landowner to the extent permitted by law, including federal tax law providing for the issuance of tax exempt bonds. Reimbursement from PID bond proceeds, PID levies, PID assessments, PID revenues or developer/landowner equity contributions may be made to the developer/landowner, but in any event the minimum equity contributions required in § 6-9-5(D)(5), (E)(5), (F)(6) and § 6-9-6(A) shall be maintained.
   (D)   This policy is adopted to provide ease of administration and the largest tax/revenue base possible. The decision to form a PID shall be a legislative enactment of the City Council and Mayor exercised in accordance with law. The City shall encourage an area to be governed by as few PIDs as possible, and a preference shall be given to one master PID.
   (E)   The PID shall be governed by a Board of Directors comprised of members of the City Council, ex officio, or, at the option of the City Council, five members appointed or elected pursuant to Sections 5-11-1 et seq. NMSA ("the Act"). If the City Council is serving as the PID Board, the City Council may, in accordance with law, delegate certain responsibilities of governance of the PID to a committee as approved by the City Council. Advisory committees may, at the option of the PID Board, be utilized.
   (F)   The PID must be self-supporting. Except as set forth in § 6-9-1(J), no City funds shall be used for PID purposes including financing, operations or maintenance. Notwithstanding anything to the contrary which may be contained herein, neither the property, the full faith and credit nor the taxing power of the City shall be pledged to the payment of any PID obligation or indebtedness.
   (G)   The PID Board shall determine, in accordance with its policies and procedures, the amount, timing and form of financing to be used by a PID after review of the financial feasibility study required by § 6-9-3(E) and (F) of this Ordinance. All bond proceeds generated by the financing must be spent on project costs in accordance with the bond documents and the policies and procedures of the PID Board. No financing shall be undertaken in which any individual property owner shall be liable for more than its equitable individual portion of the cost of the improvements. No water or wastewater utility system, or any portion thereof, which is billed for separate and apart from a City water or wastewater utility shall be financed. All financings shall be subject to final review and approval by the City Council.
   (H)   Unless the City Council shall decide otherwise, the PID shall construct or finance improvements on such terms and with such persons as the PID Board determines to be appropriate, in accordance with Section 5-11-10(D) NMSA 1978, as amended. The PID shall otherwise construct and finance improvements in accordance with applicable public works acts. Construction, performance, and payment bonds shall be furnished in accordance with the City policies and procedures governing subdivision improvement agreements.
   (I)   Existing City policies for development, growth management and conservation shall remain in effect and shall not be waived or relaxed upon the creation of a PID. The PID may use bond proceeds or other PID funds to purchase public rights-of-way or other real property to be used for public infrastructure improvements, unless such real property would be required to be dedicated and conveyed to the City by the developer/landowner upon development of the developer's/landowner's property. Any agreements with the City regarding the pro rata repayment of any charges shall require that such repayments be used to reduce the principal of any financing.
   (J)   Until the dedication of the infrastructure to the City, and acceptance by the City, all costs of administration and operation of the PID and the operation and maintenance of public infrastructure in the PID shall be the responsibility of the PID, the developer/landowner, applicable homeowners' association, or any combination of the foregoing, as may be acceptable to the City and the PID. After dedication, in any unserved areas, the developer/landowner, applicable homeowners' association, or any combination of the foregoing, shall continue to bear such costs until the PID is no longer within an unserved area.
   (K)   Notwithstanding any other provisions of this Ordinance, a PID may be created in an area not served by City water, wastewater, or storm drainage utilities. Any PID created in an area not served by existing water, sewer or storm drainage utilities shall be consistent with the parameters of the No Net Expense Policy set forth in Section 6 of City Ordinance Enactment No. 34-2002, and § 14-13-1-3 Revised Ordinances of Albuquerque, New Mexico, 1994. Developers in unserved areas shall be required to pay 100% of all on-site and off-site charges associated with the PID.
   (L)   The City's consent to any PID proposed to be formed in the City by Bernalillo County shall be conditioned upon the PID following the procedures set forth in this Ordinance. Any PID established by Bernalillo County outside of the boundaries of the City but intending to rely upon City water, sewer or storm drainage utilities shall be required to follow the procedures set forth in this Ordinance in order to be served by City utilities. The provisions of this Ordinance do not alter the line extension policy of the City.
(Ord. 12-2003; Am. Ord. 2014-015; Am. Ord. 2017-025)