(A) The City of Albuquerque, New Mexico (the "City") is a municipal corporation duly organized and existing under the laws of the State of New Mexico (the "state"); and
(B) Under the exception to the "anti-donation" clause as set forth in Article IX, Section 14 of the New Mexico Constitution, the City of Albuquerque is not prohibited from donating land it owns for the construction of affordable housing on the property; donating an existing building owned by the City of Albuquerque for conversion and/or renovation into affordable housing; or providing or paying the cost of infrastructure necessary to afford affordable housing projects; and
(C) The Affordable Housing Act, NMSA 1978 Sections 6-27-1 et seq. (the "Act") implements the provisions of Subsections E and F of Section 14 of Article 9 of the New Mexico Constitution; and
(D) The New Mexico Mortgage Finance Authority ("MFA"); has reviewed and approved the form and terms of this ordinance prior to the final adoption hereof.