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The City Charter amendment called Proposition 1 on the municipal election ballot of October 8, 1991, shall be the first in a continuous sequential numbering of Charter amendments at all elections thereafter.
(Res. 166-1991, approved 11-8-91)
(A) The intent of this legislation is that any revenue received in any given fiscal year from the Public Safety and Community Policing Quarter Percent Tax shall be expended only for the purposes contained in the Expenditure Plan for the Public Safety and Community Policing Tax and in the amounts specified in the Expenditure Plan.
(B) In order to insure that the Expenditure Plan is implemented as legislated by the City Council, there shall be created a Designated Fund Balance in the General Fund which shall account for, reserve, and designate, any revenues received and specified by purpose in the Expenditure Plan in excess of planned appropriations for every fiscal year.
(C) The table of Designated Percentages for Public Safety/Community Policing Quarter Percent Tax Revenues, attached to Resolution No. 124-1995, shall be used for this purpose. This table contains the percentages representing the planned expenditures by purpose in the Expenditure Plan. As specified in Bill No. 0-111, Enactment No. 43-1995, the expenditures for Year 3 are recurring and the percentages specified for Year 3 in the accompanying table shall be used for all subsequent years of tax revenue.
(D) Actual total revenue received each year from the Public Safety and Community Policing Tax shall be allocated to the spending purposes contained in the table according to the percentages contained in the table. If expended and encumbered funds for each purpose are less than the dollar amount allocated for that purpose, the remaining funds shall be accounted for in a Designated Fund Balance in the General Fund. These designated funds may only be expended subsequently for the purposes specified in Bill No. 0-111, Enactment No. 43-1995. However, if actual revenues received from the Public Safety and Community Policing Tax by purpose are less than the programmed expenditures contained in the Expenditure Plan by purpose, the spending requirement only extends up to the amount actually received for the given year, except as funds are available in the Designated Fund Balance.
(E) This accounting shall take place after the general ledger accounts are closed for a given fiscal year. A detailed accounting schedule of the Designated Fund Balance by purpose shall be included in the annual operating budget document and the Comprehensive Annual Financial Report.
(Res. 124-1995, approved 10-5-95)
(A) Definitions.
(1) Bonds means any bond, debenture, note, refunding or renewal bond or note, warrant or other security evidencing an obligation the proceeds of which, or a major portion thereof, are to be used in the trade or business carried on by someone other than the City and which are authorized to be issued by the City pursant to: the Industrial Revenue Bond Act (sections 3-32-1 to 3-32-16, NMSA, 1978, as amended from time to time); the Metropolitan Redevelopment Code (Sections 3-60A-1 to 3-60A-48 NMSA 1978, as amended from time to time); or, pursant to the home rule powers of the City given by Article X, Section 6 of the New Mexico Constitution and the City's Charter.
(2) City means the City of Albuquerque, New Mexico;
(3) Commission means the Development Commission or any successor thereto;
(4) Council means the Council of the City, or any succeeding legislative body of the City, as such governing body from time to time may be constituted;
(5) Inducement resolution means a resolution of the Council setting forth the good-faith intent of the Council to issue bonds upon the prior satisfaction of all applicable land use and development requirements of the City, other than the issuance of a building permit;
(6) Project plan means the plan describing a project which shall include:
(a) a general description and location of the project;
(b) the number and type of new jobs to be created;
(c) the estimated percentage of jobs to be filled by persons who are residents of the City on the date of the project plan submission;
(d) identification and the processing of any product associated with the project;
(e) any relocation of individuals or businesses;
(f) the present use of conditions of the project site;
(g) the present assessed value of the project, if available;
(h) the estimated value of the project site after completion of the project;
(i) the maximum amount of the bonds to be issued;
(j) the present and proposed zoning;
(k) a proposed construction schedule;
(l) information relating to the feasibility of the proposed project including information relating to the ability of the project to generate revenues to render the project self-liquidating;
(m) the competition in the type of commerce or industry already existing within the City and its environs;
(n) the effect on existing industry and commerce in the city including during and after the construction period;
(o) the amount of private investment in the project in addition to bond financing;
(p) the total dollar amount of the proposed improvements included as part of the project;
(q) a statement of when the bonds are proposed to be issued;
(r) resumes showing the experience of the development entity or principals, and the experience of the architect, contractor, and leasing agent, if relevant;
(s) a statement of plans for project management;
(t) conceptual site plans for the project;
(u) a map locating the project area; and
(v) other matters which may be reasonably requested by the commission.
(7) User means one or more persons or entities, or their successors, assigns or agents, who propose to acquire or construct a project financed by or proposed to be financed by the proceeds of bonds.
(B) Preliminary review of proposed project.
(1) The Mayor shall review all bond projects except those defined in Section (2) below to determine that proposed project plans are complete.
(2) Requests for refunding or renewal bonds which do not require the allocation of a portion of the State of New Mexico private activity bonds permitted to be issued pursuant to federal law for calendar years subsequent to 1984 shall be made directly to the City Council
(3) A request to issue bonds for a project, except those projects defined in Section B. above shall be made by filing with the Mayor an inducement resolution, a project plan and the fee and deposit required by this Resolution. The Mayor shall cause to be submitted no more than ten days after receipt of the plan and no less than five days before the regularly scheduled meeting of the commission a copy of the documents received to the commission together with a statement describing any other project plans which have been submitted to the commission requesting bonds be issued during the same calendar year.
(C) Approval of project plans; recommendations to City Council; protest.
(1) The commission shall recommend to the Council approval, conditional approval or disapproval of a project plan or portion thereof submitted for its review.
(2) The commission's recommendation for, and the Council's final action regarding approval, conditional approval, or disapproval of a project plan and inducement resolution, shall take into consideration the City's development plans and policies and the promotion of the health, safety, security and general welfare of the citizens of the City and the State of New Mexico.
(3) Any person may protest any decision of the commission which protest shall be considered by the City Council prior to consideration of the inducement resolution of the project. Any protest shall be filed with the Council within ten calendar days after the decision of the commission.
(D) Zoning compliance.
(1) After adoption of the inducement resolution by the Council and prior to the Council adopting an Ordinance authorizing the issuance of the bonds, the following steps shall be followed:
(a) Any required site development or landscape plans shall be submitted to the planning division of the Municipal Development Department and shall be reviewed in accordance with established zoning procedures;
(b) As evidence of compliance with all zoning requirements, the user shall provide to the preliminary review committee at any time prior to the issuance of the bonds a certificate of zoning compliance signed by the zoning enforcement office or his designee.
(E) Industrial revenue bonds; multi-family housing projects; additional requirements.
Although the Council finds that the private sector is adequately meeting most moderate and upper income multi-family housing needs in the City, the Council recognizes that there is a need for multi-family housing for low income families and elderly persons, and that in futherance of the City policy to assure low income housing is dispersed throughout the City, multi-family housing projects financed with bond proceeds should be accessible to families of low income. The Council will consider the issuance of bonds for a multi-family project when a user can demonstrate to the commission and the Council sufficient facts:
(1) that the project will further the City's redevelopment policies; and
(2) that the private sector is not meeting the low or moderate income family housing needs in the immediate area of the City for which the project is proposed; or
(3) that the private sector is not meeting the housing needs of elderly persons in the immediate area of the City for which the project is proposed.
In addition to the submission of the information required by (B) and (C) of this Resolution, if the bonds to be issued are to be used to acquire or construct a multi-family housing projects, the user shall submit to the commission satisfactory information:
(a) that the proposed project will promote the health, safety, security, and welfare of the citizens of the City;
(b) that the proposed project is located within the City;
(c) that the proposed project is not inconsistent with the long-term development plans of the City;
(d) that all tenants will be offered comparable services without any descrimination as to income of the tenant;
(e) relating to the financing of the project and the purchase of the bonds;
(f) that the proposed project will not adversely affect existing multi-family housing in the area of the proposed project;
(g) that the proposed project will generate revenues sufficient to pay the debt service in the bonds and to otherwise render the proposed project self-liquidating;
(h) that the user will be required to submit to the trustee of the bonds at least annually evidence that the percentage of low and moderate income tenants is in compliance with the requirements of federal law for tax exempt bonds;
(i) that the bonds, including any refunding bonds, shall mature in not more than twenty years from the date of issuance; and
(j) that, notwithstanding section (K) of this resolution, as a condition of the issuance of the bonds, the financing agreement will be structured so that the user will pay all ad valorem taxes and special assessments and gross receipts and compensating use taxes on the project and that the user will access the land and premises in the name of the user.
(F) City Attorney review.
All resolutions and ordinances, financing agreements, closing documents and other documents relating to the City and relating to the bonds and the issuance thereof shall be submitted to the City Attorney, or another attorney or attorneys designated by the City Attorney, in sufficient time for review by such attorneys prior to the commission or the Council taking any required action on such documents or execution of the documents by City Officials, as applicable.
(G) Rules.
The commission may establish such rules, not inconsistent with City ordinance or this resolution, as it shall deem necessary to carry out the powers granted to it hereunder.
(H) Status of bonds.
The principal and interest of the bonds approved by the City Council shall be payable solely out of the revenues derived from the financing, sale, or leasing of the project with respect to which the bonds are issued or from a guarantee agreement or agreements or a credit enhancement device or devices upon which the guarantor or obligor is other than the City. The bonds shall never constitute a debt or indebtedness of the City within the meaning of any provision or limitation of the New Mexico Constitution, statutes of the State of New Mexico or the City's Charter and such bonds shall not constitute nor give rise to a pecuniary liability of the City of a charge against its general credit or taxing powers.
(I) Fee.
In addition to any other fee imposed pursant to ordinance or resolution, the user shall pay to the City a fee equal to one-tenth of one percent of the face amount of the bonds to be issued to compensate the City for its reasonable administration expenses incurred in the approval of the project and the issuance of the bonds provided that the fee shall not be less than $500.00 nor more than $2,500.00 plus a deposit of $500.00 to be applied against the payment of attorney fees. In addition to the fees set forth in this section, the user shall pay all attorneys fees and expenses of the attorneys reviewing the bond documents, including any refunding bond documents whether or not the bonds are issued.
(J) Sunset date -- date of issue.
(1) The inducement resolution shall set a final date for issuance of the proposed bonds, which shall constitute a "sunset date" or termination date for the inducement resolution if the bonds are not issued within the specified time. The "sunset date" may be extended if the user presents a revised project schedule with supporting evidence to the satisfaction of the Council that the extension is justified for good cause and necessary project completion.
(2) The ordinance shall state the year in which the bonds will be issued and the bonds shall not be issued in a year other than that stated in the ordinance except upon approval by the Council.
(K) Tax abatement.
(1) No property tax abatement shall be given for any bond project exceeding:
(a) if the bonds are industrial revenue bonds, twenty (20) years from the date the bonds are issued; or
(b) if the bonds are metopolitan redevelopment bonds, seven (7) years from the date the bonds are issued.
(2) The financing agreement relating to the industrial revenue bonds shall contain agreements that, as a condition for the issuance of the bonds:
(a) the user will pay all special assessments on the project; and
(b) the user will have the property assessed in the user's name on or before the first January following twenty years from the date the bonds were originally issued and the user wil pay all ad valorem taxes in the project from and after the first January.
(3) {missing} transaction certificates of the City shall not be used for Metropolitan Redevelopment bond projects. In no project may such certificate be used for a purpose other than capital equipment to be used in a bond project, nor shall it be used by the user after the completion of the project financed by the bonds issued by the "City".
(L) Repeal clause.
Resolution No. 182-1981, which became effective on August 17, 1981 is hereby rescinded.
(M) Temporary Provision.
This resolution shall govern
(1) any project for which an inducement resolution has been introduced or adopted by the City Council after January 15, 1985, and/or
(2) any project which requires the allocation of a portion of the State of New Mexico private activity bonds permitted to be issued pursuant to federal law for calendar years subsequent to 1984, unless a resolution relating to such allocation was introduced by the City Council prior to January 15, 1985, or unless the project is a project for which an inducement resolution or extension thereof was adopted by the Council after December 15, 1984, but prior to January 15, 1985.
(N) Severability clause.
If any section, subsection, sentence, clause, word or phrase of this resolution is for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The Council, the Governing Body of the City of Albuquerque, hereby declares that it would have passed this resolution and such section, subsection, sentence, clause, word or phrase thereof irrespective of any one or more sections, subsections, sentences, clauses, words or phrases being declared unconstitutional or otherwise invalid.
(Ord. 16-1985, passed 01-30-1985; Am. Res. 91-1985, passed 05-22-1985)
Section
3-3-1 Policy to reduce vehicle miles traveled
3-3-2 Method of payment for unemployment compensation
3-3-3 Compliance with Americans with Disabilities Act
3-3-4 Voluntary 20-year retirement for municipal sworn members of the police department
3-3-5 Voluntary retirement for Fire Department
3-3-6 Automatic salary adjustments for the Mayor
3-3-7 Payment of attorney's fees of city officials in matters before the Ethics Commission
3-3-8 Sexual harassment
3-3-9 Employees' member contributions
3-3-10 Settlement of lawsuits with collective bargaining units
3-3-11 Use of severance pay
3-3-12 Salary payments to city employees who are elected officials
3-3-13 Sick leave incentive policy for city employees
3-3-14 Intra-year personnel positions
3-3-15 Employee substance abuse; alcohol and drug testing
3-3-16 Health and dental benefits for city employees
3-3-17 Tuition assistance for city employees
3-3-18 Collective bargaining and fair share provisions
3-3-19 Vacation and sick leave policy while serving on active military duty.
Cross-reference:
(A) It shall be the policy of the city to consider and implement, where feasible, programs contributing to the reduction of vehicle miles traveled. As a major employer in the downtown area, the city can contribute to and encourage other downtown employers to give high priority to plans to reduce the vehicle miles traveled of employees.
(B) Toward the goal of reduction of vehicle miles traveled, the Council requests the Mayor to compile completed studies and to cause studies of, and if favorable, to implement the following, as well as other strategies that the Mayor may deem desirable:
(1) Develop an active public information and public relations program relative to the urgency of the problem of air quality in the city.
(2) A computer automated carpool program with incentives, such as significantly reduced parking fee or preferential parking for those participating.
(3) Provide automated carpool service to other employers who will develop incentives and encourage their employees to participate.
(4) Expand and promote fleet discount sale of bus tokens both to city employees and other employers and employee groups.
(5) Develop a program of staggering work shifts so as to reduce peak traffic congestion and improve traffic flow.
(6) A program of automatic deposit of employee paychecks in various banks and encourage other employers not yet doing this to initiate such a program.
(7) Seek the counsel of and work with the business community to develop educational and action programs on reducing vehicle miles traveled. The Transportation Department of the city shall develop and submit to the Council, a study of the real needs for public transportation within the city including alternatives to the present bus service such as, but not limited to, mini-buses, jitney service, expresses, “park/ride” systems, and innovative marketing techniques. This study is not to duplicate the current study of bus fares, routing, special uses, currently underway.
(C) As implementation of the pilot bikeways program begins and as the master plan for bikeways is adopted, a plan shall be developed with the business community to encourage the use of the bikeways for commuting. This program shall include but not be limited to, positive information as to availability of bikeways, public school-centered bicycle education and safety programs, incentives for use of bicycles, and development of programs for general bicycle security and convenient and secure bicycle parking facilities with particular emphasis on city-ordinance programs.
(D) The Mayor's recommendation on the selection of engineers for the Computerized Traffic Signal System Feasibility Study in accordance with Ordinance No. 48-1974 is noted. Traffic flow can be improved providing the cost/benefit analysis shows feasibility. The Mayor is requested to have a feasibility study made of improvement of traffic flow by the elimination or curtailment of on-street parking.
(E) The city shall continue to develop and place major emphasis on land use planning as a means of reducing and/or stabilizing necessary transportation and, in particular, the vehicle miles traveled.
(Res. 53-1974, approved 12-2-74)
(A) The city shall identify potential barriers to accessibility in city government in regard to the Americans With Disabilities Act of 1990 (ADA) and develop and implement a proactive plan for compliance by January 26, 1992. The barriers and accommodations to be addressed include, but are not limited to accessibility to employment by new applicants, retention of employees with a disability, the rehiring of those terminated due to injuries or other disabilities, physical accessibility issues, public access to city facilities, building codes, transportation, and communication barriers. The goal shall be for the city to serve as the model for the Albuquerque area in regard to compliance with the ADA, and shall therefore make every reasonable accommodation to insure the city is accessible to persons with disabilities.
(B) The Mayor shall, in the course of fulfilling the requirements of division (A) above, actively seek the inputs of the current Access Task Force For Person's with Disabilities and the Commission for Person's with Disabilities, the Department Directors, city employees, and citizens of Albuquerque. Efforts should also be taken to coordinate these activities with Bernalillo County wherever practical.
(C) A report identifying the information compiled, the development and implementation of the city's implementation plan shall be provided to the City Council for approval on or before January 26, 1992.
(Res. 181-1991, approved 12-3-91)
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