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(A) An initial Downtown Albuquerque Safe and Clean Program, including downtown district ambassadors and a downtown "clean team", as described in the district plan, shall be provided in accordance with the approved budget of the management committee.
(B) An initial Image Enhancement Program, as more fully described in the district plan, shall be provided in accordance with the approved budget of the management committee.
(C) Those other services as may be proposed by the management committee and included in the approved budget of the management committee.
(D) The improvements made by the improvement district shall be deemed to benefit each improvement district real property parcel in an amount not less than the benefit fee assessed against it.
(Ord. 38-2000)
(A) In accordance with the business improvement district plan, the Downtown Action Team, an existing downtown revitalization non-profit corporation created pursuant to the New Mexico non-profit corporation act and operating within the boundaries of the Downtown Albuquerque Business Improvement District, is appointed as the management committee for the Improvement District.
(B) The management committee shall serve continuously, until and unless Council should receive a petition to change the management committee, signed by 51% of the property owners included in the improvement district, who represent not less than 51% of the assessment valuation of the improvement district, and Council appointment of a new committee.
(C) The management committee shall prepare and file annually with the Council, for its review and approval, a budget that is in accordance with the business improvement district plan, and a progress report for the improvement district.
(D) The management committee shall administer all improvements within the improvement district, in accordance with the business improvement district plan.
(E) The management committee shall annually submit a recommendation to Council for the benefit fee amounts to be assessed annually by the Council, in accordance with the business improvement district plan.
(F) The management committee shall annually file with the Council a report of the improvement district activities for the preceding fiscal year, which report shall include a complete audited financial statement setting forth its assets, liabilities, income and operating expenses as of the end of the fiscal year and the benefits of the improvement district programs to the real property and business owners in the improvement district.
(Ord. 38-2000)
(A) The services provided by the improvement district shall be in addition to and an enhancement of those public services that the City furnishes within the ordinary course of its operations to the district area.
(B) The City may enter into an agreement with Bernalillo County to provide for the mailing of the improvement district benefit fee assessment notices, receipt of the benefit fees, and for the transfer of such funds to the designated City of Albuquerque Trust and Agency Account, for the benefit of the improvement district.
(C) Council approval of the annual budget, assessment of the annual benefit fee, and approval of the annual report of the management committee shall be subject to the management committee's compliance with the improvement district business plan, and/or those reasonable conditions as Council may require in order to assure such compliance with the business improvement district plan.
(D) During the term of the improvement district, Council shall provide, in accordance with the business improvement district plan, the necessary approvals, conditions, and assessments in order to assure the required annual funding and operations of the improvement district.
(Ord. 38-2000)
Section
14-19-1 Short title
14-19-2 Intent and purposes
14-19-3 Definitions
14-19-4 Authority
14-19-5 Applicability
14-19-6 Findings and declarations
14-19-7 Land use assumptions
14-19-8 Capital improvements plan
14-19-9 Advisory committee
14-19-10 Establishment of service areas
14-19-11 Imposition
14-19-12 Assessment and collection
14-19-13 Fee schedules
14-19-14 Use of fees collected
14-19-15 Exemptions
14-19-16 Independent fee determination
14-19-17 Administration of fees
14-19-18 Refunds
14-19-19 Credits
14-19-20 Administrative appeals
14-19-21 Promulgation of rules
14-19-22 Effect of impact fee on zoning and subdivision regulations
14-19-23 Impact fee as additional and supplemental requirement to city regulations
14-19-24 Review and amendment
14-19-98 Enforcement
14-19-99 Penalty
Appendix: Impact Fees Maps
(A) Sections 14-19-1 et seq. are intended to implement and comply with the New Mexico Development Fees Act (Sections 5-8-1 et seq. NMSA 1978) and shall be interpreted to so comply.
(B) Sections 14-19-1 et seq. are intended to assess and collect impact fees in an amount based upon appropriate service units for capital facilities in order to finance such facilities, the demand for which is generated by new development in the city. The purpose of §§ 14-19-1 et seq. is to ensure the provision of an adequate level of service for capital facilities throughout the city so that new development may occur in a manner consistent with the city's Planned Growth Strategy and the Albuquerque/Bernalillo County Comprehensive Plan. The City Council intends, by enactment of §§ 14-19-1 et seq., to require new development to bear an amount not to exceed its proportionate share of the costs related to the additional capital facilities that are rationally related to such new development in accordance with applicable law. Only capital improvement needs that are rationally related to new development in accordance with applicable law will be paid by impact fees. Impact fees shall not exceed the cost to pay for a proportionate share of the cost of system improvements based upon service units needed to serve new development. Subject to the provisions of §§ 14-19-1 et seq. and the Development Fees Act (Sections 5-8-1 et seq. NMSA 1978), impact fees shall be spent on new or enlarged capital facilities and equipment which benefit those developments which pay the fees.
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