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§ 1-15-2 MESA DEL SOL PUBLIC IMPROVEMENT DISTRICT.
   (A)   Defined Terms. As used in this Formation Resolution, the following terms shall have the meanings specified, unless the context clearly requires otherwise (such meanings to be equally applicable to both the singular and the plural forms of the terms defined):
      ACT means Sections 5-11-1 through 5-11-27, NMSA 1978, as supplemented and amended, the Home Rule Powers and all enactments of the City's Governing Body, including this Resolution.
      ADDITIONAL IMPROVMENTS means the infrastructure improvements to be constructed by the Applicant, through financing or resources other than the proceeds of District Bonds, as described in and according to the construction schedule provided in the Application and as described, and in the approximate locations shown, in the Master General Plan and Supplemental General Plans.
      ADJUSTED MAXIUM SPECIAL LEVY means the maximum Special Levy that may be imposed by each District on specific categories of Levyable Property, as determined by the Adjusted Rate and Method applicable to that District, which Adjusted Maximum Special Levy shall, at the time of imposition, not exceed the 1.95% maximum tax and assessment burden, as provided in Section 5(g) of the PID Ordinance and in accordance with State law and City policies and procedures in effect at that time.
      ADJUSTED RATE AND METHOD means an adjusted Rate and Method of Special Levy Apportionment to be implemented in connection with a specific District prior to the issuance of Bonds by that District, for the purpose of establishing the Adjusted Maximum Special Levy amounts for that District.
      APPLICANT means Mesa del Sol, LLC.
      APPLICATION means the petition for formation of the Mesa del Sol Public Improvement District Nos. 1-5 and documentation incorporated by reference in the revised Application submitted to the City on November 14, 2007 pursuant to the Act and the PID Ordinance.
      BOND RESOLUTION means a resolution of each District authorizing issuance of District Bonds in an aggregate principal amount for Districts 1 through 5 not to exceed the costs of Public Infrastructure serving Districts 1 through 5, for the purpose of financing the PID Infrastructure Improvements and containing certain provisions set forth in Section 6 of this Formation Resolution.
      CITY means the City of Albuquerque, New Mexico.
      CLERK means the City Clerk.
      COUNTY means Bernalillo County, New Mexico.
      DISTRICT or DISTRICTS means, as the context requires, all or any one of the Mesa del Sol Public Improvement Districts 1 through 5.
      DISTRICT BONDS means bonds proposed to be issued by Districts 1 through 5 collectively or individually pursuant to the Act.
      DISTRICT BOUNDARY MAP means the map attached as Exhibit 1 to the General Plan.
      DISTRICT SPECIAL LEVIES or SPECIAL LEVIES means the special levies to be imposed on the Real Property pursuant to Section 5-11-20, NMSA 1978."Expenses" means the City's costs of reviewing the Application and other documentation related to the Application, including legal fees.
      FEASIBILITY STUDY means the study of the estimated costs and financing methods of the PID Infrastructure Improvements and Additional Improvements submitted by the Applicant in connection with its Petition for formation of Mesa del Sol Public Improvement Districts 1 through 5.
      FORMATION DOCUMENTS means the Application and such other documents as are required by the Act and the PID Ordinance to be submitted by a petitioner in connection with a petition for the formation, implementation and governance of the Districts.
      FORMATION RESOLUTION means this resolution adopted by the City in connection with its approval of the formation of the Districts.
      MASTER GENERAL PLAN means the Master General Plan submitted by the Applicant in connection with the Application.
      MASTER PID DEVELOPMENT AGREEMENT means the development agreement dated March 3, 2007 by and between the City and the Applicant in accordance with Section 4(I) of the PID Ordinance, which Development Agreement shall be ratified by the Districts and supplemented by Supplemental PID Development Agreements entered into by each District, the Applicant and the City, in accordance with the provisions of the Master PID Development Agreement.
      PETITION means a petition for formation of the Districts submitted pursuant to the Act and the PID Ordinance for formation of the proposed Districts.
      PID INFRASTRUCTURE IMPROVEMENTS means the infrastructure improvements to be financed with the proceeds of District Bonds or special levy revenue, if applicable, as described and in the approximate locations shown in the Master Development Agreement and Supplemental Development Agreements.
      PID ORDINANCE means City Council Ordinance Enactment No. O-2003-012.
      RATE AND METHOD OF SPECIAL LEVY APPORTIONMENT means the rate, method of apportionment and manner of collection of the District Special Levies submitted by the Applicant in connection with the Application.
      REAL PROPERTY means the real property described in the District Boundary Map.
      STATE means the State of New Mexico.
      SUPPLEMENTAL GENERAL PLAN means the supplemental general plans for each District to be authorized in accordance with the terms of this Formation Resolution and supplemental to the Master General Plan.
      SUPPLEMENTAL PID DEVELOPMENT AGREEMENT means an agreement supplementing the Master PID Development Agreement to be entered into by each District, the Applicant and the City to provide more specific details concerning the development, construction and financing of PID Infrastructure Improvements for that District through the issuance of District Bonds or special levy revenue, if applicable, by that District.
      WATER AND WASTEWATER IMPROVEMENTS means water and/or wastewater improvements that are dedicated to the Albuquerque Bernalillo County Water Utility Authority.
   (B)   Construction of Formation Resolution. Except as otherwise expressly provided in this Resolution, or unless the context otherwise requires:
      (1)   The singular includes the plural and the plural includes the singular.
      (2)   All accounting terms not otherwise defined in this Formation Resolution have the meanings assigned to them in accordance with generally accepted accounting principles in the United States.
      (3)   All references to Sections shall refer to Sections of this Formation Resolution, unless otherwise stated.
      (4)   Words importing any gender include the other gender.
      (5)   "Herein," "hereby," "hereunder," "hereof," "hereinbefore" and "hereafter" refer to this Formation Resolution and not solely to the particular portion of this Formation Resolution in which such word is used.
      (6)   All times will be local time in the City unless otherwise designated in this Resolution.
   (C)   Findings. The City hereby declares that it has considered the Application and all other relevant information and data, and hereby makes the following findings:
      (1)   The Applicant and persons who have authorized the Applicant to submit the Application on their behalf own 100% of the real property located within the Districts.
      (2)   As planned and proposed by the Applicant, the PID Infrastructure Improvements (other than the Water and Wastewater Improvements which will be dedicated to the Albuquerque Bernalillo County Water Utility Authority, certain drainage improvements to be dedicated to the Albuquerque Metropolitan Arroyo Flood Control Authority and certain road and related improvements that will be dedicated to the State and the County) will be constructed to City specifications, will be subject to inspection, approval and acceptance by the City prior to dedication to the City.
      (3)   The District Bonds proposed to be issued by Districts 1 through 5 will be the obligations solely of the respective Districts, and will not be backed by the faith, credit, general funds or resources of the City in any manner. Owners of District Bonds will have no right to require that the City or the Districts impose ad valorem property taxes to pay District Bonds.
      (4)   The Districts will serve the interests, convenience and necessity of Applicant, future owners of parcels located within the Districts and the citizens of the City:
         (a)   The cost of constructing the PID Infrastructure Improvements will be allocated to the owners of Real Property who will utilize the PID Infrastructure Improvements, in a fair and equitable manner, and will not be passed on to the citizens of the City or the City itself; and
         (b)   The City will receive the benefit of the PID Infrastructure Improvements (other than Water and Wastewater Improvements, certain road and related improvements that will be dedicated to the State and the County and certain drainage improvements that will be dedicated to the Albuquerque Metropolitan Arroyo Flood Control Authority) through dedication of the PID Infrastructure Improvements.
      (5)   The financing of the PID Infrastructure Improvements is feasible and, based upon the Feasibility Study, will not impose an undue burden on the future owners of property located within the Districts or served by the PID Infrastructure Improvements.
      (6)   The financing of the PID Infrastructure Improvements will enable the Districts to construct those improvements in a cost-effective manner.
      (7)   The Districts are planned and will be implemented in a manner which provides for the Expenses to be paid by the Districts.
      (8)   As planned, the PID Infrastructure Improvements and Additional Improvements are consistent with the City's development goals and growth control policies.
      (9)   The formation of the Districts and the issuance of District Bonds subject to the requirements and limitations specified in this Formation Resolution are consistent with the requirements of the PID Ordinance.
   (D)   Waiver of Additional Hearing and Election.
      Based on the information provided by the Applicant in the Application, the Petition has been signed by and on behalf of the owners of 100% of the Real Property to be included in the proposed Districts, and on that basis the City waives the requirements for posting, publication, mailing, notice, hearing and owner election, as authorized by Section 5-11-7(I), NMSA 1978.
   (E)   Approval of Application and Formation Documents; Formation of Districts; Approval of District Foreclosure Procedures for Delinquent Special Levies.
      (1)   The Petition is hereby accepted and approved.
      (2)   The Mesa del Sol Public Improvement Districts 1-5 are hereby ordered approved and formed to carry out the purposes set forth in, and according to the provisions of, this Formation Resolution.
         (a)   The Master General Plan and the Supplemental General Plan relating to District 1 and attached hereto as Exhibit 1 are hereby accepted and approved. Supplemental General Plans relating to Districts 2-5 must be approved by the City Council unless otherwise provided in the City PID Ordinance in effect at that time. The Districts shall include the Real Property.
         (b)   The Master PID Development Agreement attached hereto as Exhibit 2, and the Supplemental PID Development Agreement relating to District 1 attached hereto as Exhibit 3 are hereby accepted and approved. The Chief Administrative Officer of the City is authorized and directed to execute the Master PID Development Agreement and the Supplemental PID Development Agreement relating to District 1 on behalf of the City, with such changes as are consistent with the provisions of this Formation Resolution. Supplemental PID Development Agreements relating to Districts 2-5 must be approved by the City Council and Chief Administrative Officer of the City unless otherwise provided in the City PID Ordinance in effect at that time.
         (c)   The Rate and Method of Special Levy Apportionment attached hereto as Exhibit 4, and the Adjusted Rate and Method of Special Levy Apportionment relating to District 1, attached hereto as Exhibit 5, are hereby accepted and approved. The provisions for implementation of an Adjusted Rate and Method in connection with Districts 2-5 and for establishment of sufficient Adjusted Maximum Special Levies, and the apportionment and manner of collection of District Special Levies, are hereby accepted and approved.
         (d)   The Notice of Special Levy substantially in the form attached hereto as Exhibit 6 is hereby approved.
         (e)   The Districts shall have the powers necessary and convenient to finance and construct the PID Infrastructure Improvements as provided in the Master General Plan, Supplemental General Plans, Feasibility Study, Rate and Method of Apportionment, Master PID Development Agreement and Supplemental PID Development Agreements, as those documents may be amended or modified with the approval of the City. The Districts and the City shall be bound by the terms thereof.
      (3)   The purpose of the Districts shall be to provide financing of the PID Infrastructure Improvements set forth in the Application.
      (4)   The District Bonds shall not exceed the principal amount set forth in the Application and shall be within the value to lien ratio described in the Application, except as otherwise approved in a supplemental resolution by a District's governing board and, to the extent required by the PID Ordinance then in effect, the City Council, and provided further that the value to lien ratio must be in compliance with Section 5 of the PID Ordinance or as otherwise provided in the PID Ordinance then in effect.
      (5)   The District Special Levies shall not exceed the amounts set forth in the Adjusted Rate and Method for each District at the time that Bonds are issued.
      (6)   The Districts shall be self-supporting, as provided in Section 1(F) of the PID Ordinance.
      (7)   The Districts shall comply with existing City policies for development, growth management and conservation, as provided in Sections 1(A) and 1(I) of the PID Ordinance.
      (8)   The public improvement district financing proposed in the Petition and other Formation Documents meet the applicable requirements of Sections 5 and 6 of the PID Ordinance.
      (9)   The officers, agents and employees of the City are hereby authorized and empowered to take all actions necessary and to execute and deliver all documents relating to or requested by the Districts to carry out and comply with the provisions of the Formation Documents.
      (10)   The governing body of each District shall hold a public meeting following the date of adoption of this Formation Resolution. At that meeting, the governing body shall adopt an open meetings policy and by-laws for the Districts and shall take such other action, toward or in connection with the issuance of District Bonds, as authorized by this Formation Resolution.
      (11)   Pursuant to the authority granted by sections 5-11-23(F) and 5-11-20(G), NMSA 1978, the Districts shall establish procedures for foreclosure of delinquent Special Levies and for redemption of foreclosed property, which procedures shall be substantially similar to the foreclosure and redemption procedures applicable to Municipal Improvement Districts set forth in sections 3-33-28 through 3-33-30, NMSA 1978, and as set forth for the Districts in the Master PID Development Agreement approved by this Resolution.
   (F)   Authorization of District Bonds. Districts 1 through 5 are hereby authorized to issue Bonds pursuant to Bond Resolutions in a maximum principal amount not to exceed the costs of public infrastructure allocated as provided in the Rate and Method of Apportionment of the Special Levy and the Adjusted Rate and Method of Apportionment of the Special Levy for each of Districts 1 through 5, which amount is $528,849,646, which amount may be adjusted for inflation as provided in the Master Development Agreement, and which shall further be subject to the requirements set forth in this Formation Resolution, including the limitation that the financing of District PID Infrastructure Improvements to be dedicated to governmental entities other than the City, including without limitation the Albuquerque Bernalillo County Water Utility Authority, shall not exceed the greater of $80,000,000 or 25% of the aggregate costs of public infrastructure eligible for financing by PIDs 1-5. Mesa del Sol or its designee shall be entitled to a construction management fee not to exceed 5% of the contract price for the PID Infrastructure Improvements which may be payable from proceeds of District Bonds to the extent permitted by applicable state and federal law. Any construction management fee payable from proceeds of District Bonds shall be disclosed by Mesa del Sol or its designee in connection with a requisition of District Bond proceeds to be used to pay such fees.
      (1)   Except as provided in Section 6(B) of this Formation Resolution, or as otherwise provided by the PID Ordinance then in effect, each Bond Resolution shall be approved by the City's Debt Committee and the City Council and shall include, at minimum, the following provisions for the protection of owners of the Bonds:
         (a)   Reasonably Required Reserve Fund. Each Bond Resolution shall, if necessary, provide for the establishment of a debt service reserve fund in an amount, on the date of issuance of the District Bonds, equal to the least of (i) the maximum annual debt service requirements on all outstanding District Bonds; (ii) 125% of the average annual debt service requirements on the District Bonds; or (iii) 10% of the aggregate principal amount of the District Bonds;
         (b)   Each Bond Resolution shall include provisions for the public offering or private placement of District Bonds in accordance with Section 5(E)(5) of the PID Ordinance unless, in accordance with the PID Ordinance then in effect, the City's Debt Committee and the City Council, determines otherwise, based upon the recommendations made by underwriters or financial consultants to the City.
         (c)   Minimum Denomination. Each Bond Resolution shall provide that District Bonds sold pursuant to a limited public offering or a private placement must be issued in minimum denominations of at least $100,000.
         (d)   Maximum Maturity. The final maturity date for any series of District Bonds shall not be more than 30 years after the date of issuance of that series.
         (e)   Appointment of Trustee. Each Bond Resolution shall include provisions for appointment of a trustee pursuant to an indenture of trust or other similar instrument.
         (f)   Exercise of District Rights and Remedies by Trustee. Each Bond Resolution shall provide that the trustee may exercise the rights and remedies of the Districts for the protection of bondholders, including, without limitation, the following:
            1.   the trustee's collection of Special Levies;
            2.   the trustee's foreclosure of delinquent Special Levies; and
            3.   the trustee's appointment of a receiver or other agent to complete the construction of the PID Infrastructure Improvements in the event of a default in the payment of debt service on the District Bonds, which default cannot be cured by either (x) drawing on the debt service reserve fund established for the District Bonds, (y) through payment pursuant to a letter of credit or other guaranty provided by the Applicant or (z) through the Applicant's direct payment of the amount necessary to pay the debt service on the District Bonds then due, which appointment may be made irrespective of whether foreclosure remedies are exercised.
      (2)   This Formation Resolution hereby approves the issuance and sale of one series of senior lien bonds and one series of subordinate lien bonds by District 1 (the "District 1 Bonds"). The following parameters with respect to District 1 Bonds are established:
         (a)   The maximum principal amount of the senior lien District 1 Bonds shall not exceed $25,000,000 and the maximum principal amount of the subordinate lien District 1 Bonds shall not exceed $3,000,000.
         (b)   The District 1 Bonds shall be sold to "qualified institutional buyers" (as such term is defined in Rule 144A of the Securities and Exchange Commission) and may not be resold except to "qualified institutional buyers" in a private placement.
         (c)   The District 1 Bonds shall be issued in minimum denominations of at least $100,000.
         (d)   The maximum net effective interest shall not exceed 12 percent per annum, which rates will be specifically determined in connection with the sale of the District 1 Bonds and approved in the sale resolution adopted by District 1.
         (e)   The value to lien ratio on senior lien District 1 Bonds, after the completion of the PID Infrastructure Improvements and the Additional Improvements, shall be at least 3 to 1.
         (f   The issuance and sale of District 1 Bonds shall satisfy in all respects the requirements provided in this Formation Resolution, the PID Ordinance and the Act for the issuance of District Bonds.
   (G)   District Governance.
      (1)   The Districts' governing body shall initially be composed of five members, including:
         (a)   Isaac Benton, Jacques Blair, Jon Zaman, Cilia Aglialoro and Sheila Duffy.
      (2)   Sheila Duffy, Cilia Aglialoro and Jacques Blair shall serve 6-year terms.
      (3)   Isaac Benton and Jon Zaman shall serve 4-year terms.
      (4)    Pursuant to Section 5-11-6 of the Act, Jon Zaman is appointed to be the clerk of the Districts and Sheila Duffy is appointed to be treasurer of the Districts.
      (5)   Within six years following the date of formation of the Districts the Council shall serve as the governing body, or, at the Council's option, hold an election of new directors by majority vote of the residents of the district.
   (H)   Prior Agreements. Pursuant to Sections 5-15-1 through 5-15-28 NMSA 1978, City Ordinance Bill No. F/S O-06-44, Enactment No. O-36-2006 (the "TIDD Ordinance"), City Council Bill F/S R-06-146, Enactment No. R-2006-126, and City Council Enactment R-2007-0001 (collectively, the "TIDD Legislation"), the City also has formed tax increment development districts ("TIDDs 1-5") for the financing of public infrastructure to serve the Property and established the tax increment revenue available in each financing, and has entered into a Master Tax Increment Development Agreement (the "TIDD Master Development Agreement") and other agreements, for the implementation of TIDDs 1-5. Nothing in the Master PID Development shall be considered to diminish the rights or obligations of Mesa del Sol or the City in connection with the TIDD Legislation or the TIDD Master Development Agreement, including, without limitation, rights and obligations concerning workforce housing, transportation and school facilities in connection with TIDDs 1-5. No workforce housing is contained within the boundaries of District 1.
   (I)   Amendments. This Formation Resolution may be amended or supplemented by ordinance or resolution adopted by the City Council in accordance with the laws of the City and the State.
   (J)   Repealer. All ordinances or resolutions, or parts thereof in conflict with the provisions of this Formation Resolution, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed.
   (K)   Severability. If any section, paragraph, clause or provision of this Formation Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this Resolution.
§ 1-15-3 VOLTERRA PUBLIC IMPROVEMENT DISTRICT.
   (A)   As used in this Formation Resolution, the following terms shall have the meanings specified, unless the context clearly requires otherwise (such meanings to be equally applicable to both the singular and the plural forms of the terms defined):
      (1)   “Act” means collectively NMSA 1978, §§ 5-11-1 to -27 (2001, as amended), the home rule powers and all enactments of the City Council, including this Formation Resolution.
      (2)   “AMAFCA” means the Albuquerque Metropolitan Arroyo Flood Control Authority.
      (3)   “City” means the City of Albuquerque, New Mexico.
      (4)   “Clerk” means the City Clerk.
      (5)   “Council” means the City Council of the City.
      (6)   “Development Agreement” means the development agreement dated ____________, 2009 by and between the City, the District, the Petitioner, and Vantage Builders, Inc., a New Mexico corporation, in accordance with § 4(I) of the PID Ordinance, in the form attached as Exhibit 10 to the Petition, which Development Agreement shall be joined and ratified by the District.
      (7)   “District” or “PID” means the Volterra Public Improvement District.
      (8)   “District Bonds” means one or more series of bonds proposed to be issued by the District pursuant to the Act.
      (9)   “District Boundary Map” means the map attached as Exhibit B to the General Plan.
      (10)   "District Special Levy" or "District Special Levies" means the special levy or special levies to be imposed on the Land pursuant to NMSA 1978, § 5-11-20 (2001).
      (11)   “Feasibility Study” means the study of the estimated costs and financing methods of the Infrastructure Improvements submitted by the Petitioner in connection with the Petition, in the form attached as Exhibit 5 to the Petition.
      (12)   “Formation Documents” means the Petition, the General Plan, the Development Agreement, and such other documents as are required by the Act and the PID Ordinance to be submitted by an applicant in connection with an application for the formation, implementation and governance of the District.
      (13)   “Formation Resolution” means this resolution adopted by the City in connection with its approval of the formation of the District, as supplemented or amended from time to time.
      (14)   “General Plan” means the General Plan submitted by the Petitioner in the form attached as Exhibit 3 to the Petition, which includes a map depicting the boundaries of the district and the real property proposed to be included in the district; a general description of anticipated improvements and their locations; and general cost estimates, proposed financing methods and anticipated special levies.
      (15)   “Infrastructure Improvements” means the PID Funded Infrastructure Improvements and such other improvements, which are collectively all of the improvements on the Land, whether funded directly by the Petitioner or with the proceeds of the District Bonds, described and in the approximate locations shown on Exhibit B to the Feasibility Study.
      (16)   “Land” means the real property described in the District Boundary Map.
      (17)   “MAI Appraisal” means the valuation of the Land as of January 20, 2009, as prepared by David Pearson, MAI.
      (18)   “Petition” means the Petition and Application filed with the City for the formation of the Volterra Public Improvement District and all documentation incorporated by reference in the Petition, submitted to the City pursuant to the Act and the PID Ordinance.
      (19)   “Petitioner” means JTH, LLC, a New Mexico limited liability company.
      (20)   “PID Funded Infrastructure Improvements” means the portion of the Infrastructure Improvements financed with the proceeds of the District Bonds, as identified in Table 1 in Section IV of the General Plan.
      (21)   “PID Ordinance” means City Ordinance Enactment No. 0-2003-12, Council Bill No. F/S 0-03-84.
      (22)   “Rate and Method of Special Levy Apportionment” means the rate, method of apportionment and manner of collection of the District Special Levy submitted by the Petitioner in the form attached as Exhibit E to the General Plan.
      (23)   “State” means the State of New Mexico.
   (B)   Construction of Formation Resolution. Except as otherwise expressly provided in this Formation Resolution, or unless the context otherwise requires:
      (1)   The singular includes the plural and the plural includes the singular.
      (2)   All accounting terms not otherwise defined in this Formation Resolution have the meanings assigned to them in accordance with generally accepted accounting principles in the United States.
      (3)   All references to Sections shall refer to Sections of this Formation Resolution, unless otherwise stated.
      (4)   Words importing any gender include the other gender.
      (5)   “Herein,” “hereby,” “hereunder,” “hereof,” “hereinbefore" and “hereafter” refer to this Formation Resolution and not solely to the particular portion of this Formation Resolution in which such word is used.
      (6)   All times will be local time in the City unless otherwise designated in this Formation Resolution.
   (C)   Findings. The City hereby declares that it has considered the Petition and all other relevant information and data, and hereby makes the following findings:
      (1)   The Petitioner, together with those parties consenting to the Petition, own 100% of the Land and no resident qualified electors or any other persons are located on the Land.
      (2)   As planned and proposed by the Petitioner, the Infrastructure Improvements have been or will be constructed to City or AMAFCA specifications, as applicable, and will be subject to inspection, approval and acceptance by the City or AMAFCA, as applicable, prior to dedication to the City or AMAFCA, as provided in the Development Agreement.
      (3)   The District Bonds will be the sole obligations of the District, and will not be backed by the credit, general funds or resources of the City in any manner. Owners of the District Bonds will have no right to require the City or the District to impose ad valorem property taxes to pay District Bonds.
      (4)   The District will serve the interests, convenience and necessity of Petitioner, future owners of the Land and the citizens of the City:
         (a)   The cost of constructing the PID Funded Infrastructure Improvements will be allocated to the owners of Land within the District who will utilize the PID Funded Infrastructure Improvements, in a fair and equitable manner, and will not be passed on to the citizens of the City, other than the Petitioner and the future owners of the Land, or the City itself; and
         (b)   The City will receive the benefit of the Infrastructure Improvements through dedication of those Infrastructure Improvements not otherwise dedicated to AMAFCA.
      (5)   The financing of the PID Funded Infrastructure Improvements is feasible and, based upon the Feasibility Study, will not impose an undue burden on the future owners of the Land or served by the PID Funded Infrastructure Improvements.
      (6)   The financing of the PID Funded Infrastructure Improvements will enable the District to construct or acquire those improvements in a cost-effective manner.
      (7)   The District is planned and will be implemented in a manner which provides for the expenses to be paid by the District.
      (8)   As planned, the Infrastructure Improvements are consistent with the City's development goals, growth management policies, and conservation policies.
      (9)   The formation of the District and the issuance of District Bonds, subject to the requirements and limitations specified in this Formation Resolution, are consistent with the requirements of the PID Ordinance.
   (D)   Approval of the Formation Documents; Formation of District; Approval of District Foreclosure Procedures for Delinquent Special Levies.
      (1)   The Volterra Public Improvement District is hereby ordered approved and formed to carry out the purposes set forth in, and according to the provisions of, this Formation Resolution.
      (2)   The Petition is hereby accepted and approved.
      (3)   The General Plan is hereby accepted and approved. The District shall include the Land, which is the real property described in the General Plan's District Boundary Map and more particularly identified in the legal descriptions attached as Exhibit 2 to the Petition.
      (4)   The Development Agreement is hereby accepted and approved, and shall be an agreement or condition pertaining to the District, as contemplated by §4(D) of the PID Ordinance, so that any existing agreements with the Petitioner or other developers and landowners regarding the provision of PID Eligible Infrastructure Improvements proposed to be furnished to the City shall be deemed amended to reflect the terms of the Development Agreement.
      (5)   The Rate and Method of Special Levy Apportionment, establishing the apportionment and manner of collection of District Special Levy, is hereby accepted and approved.
      (6)   The Notice of District Special Levy substantially in the form attached as Exhibit 8 to the Petition is hereby approved.
      (7)   The District shall have the powers necessary and convenient to finance and acquire the PID Funded Infrastructure Improvements as provided in the General Plan, Feasibility Study, Rate and Method of Special Levy Apportionment and Development Agreement, as those documents may be amended or modified with the approval of the City. The District and the City shall be bound by the terms thereof.
      (8)   The purpose of the District shall be to provide financing of the PID Funded Infrastructure Improvements set forth in the Petition.
      (9)   The District Bonds shall not exceed the maximum principal amount set forth in the Petition and shall be within the value to lien ratio described in the Petition, except as otherwise approved in a supplemental resolution by the Governing Body (as defined below) and the City Council.
      (10)   The District Special Levies to be imposed by the District shall not exceed the amounts set forth in the Petition, subject to adjustment consistent with the terms of the Act and the Rate and Method of Special Levy Apportionment.
      (11)   The District shall be self-supporting, as provided in § 1(F) of the PID Ordinance.
      (12)   The District shall comply with existing City policies for development, growth management and conservation, as provided in §§ 1(A) and 1(I) of the PID Ordinance.
      (13)   The PID financing proposed in the Petition and other Formation Documents meet the applicable requirements of §§ 5 and 6 of the PID Ordinance.
      (14)   The officers, agents and employees of the City are hereby authorized and empowered to do all acts and things and to execute and deliver all documents relating to or requested by the District to carry out and comply with the provisions of the Formation Documents.
      (15)   The District’s governing body shall hold a public meeting within 45 days following the date of adoption of this Formation Resolution. At that meeting, the District’s governing body shall adopt an open meeting policy and by-laws for the District, approve and execute the Development Agreement, and shall take such other action toward or in connection with the issuance of the District Bonds, as authorized by this Formation Resolution.
      (16)   Pursuant to the authority granted in §§ 5-11-20(G) and 5-11-23(F) of the Act, the District shall establish procedures for foreclosure of delinquent District Special Levies and for redemption of foreclosed property, which procedures shall be substantially similar to the foreclosure and redemption procedures applicable to Municipal Improvement Districts set forth in NMSA 1978, §§ 3-33-28 to -30 (1965, as amended), and as set forth for the District in the Development Agreement approved by this Formation Resolution.
   (E)   Authorization of District Bonds. The District may issue District Bonds pursuant to a resolution of the District’s governing body authorizing issuance of one or more series of District Bonds in an estimated maximum aggregate principal amount of $9,030,000 for the purpose of financing the PID Funded Infrastructure Improvements subject to the requirements set forth in this Formation Resolution (the “Bond Resolution”).
      (1)   The Bond Resolution shall be approved by the City's Debt Committee prior to its enactment by the District.
      (2)   The Bond Resolution shall include, at minimum, the following provisions for the protection of owners of the Bonds:
         (a)   The Bond Resolution shall provide for the establishment of a debt service reserve fund in an amount, on the date of issuance of the District Bonds, equal to the least of (a) the maximum annual debt service requirements on all outstanding District Bonds; (b) 125% of the average annual debt service requirements on the District Bonds; or (c) 10% of the aggregate principal amount of the District Bonds.
         (b)   The Bond Resolution shall include provisions for the public offering or private placement of District Bonds in accordance with § 5(E)(5) of the PID Ordinance unless, in accordance with the PID Ordinance, the City's Debt Committee, determines otherwise, based upon the recommendations made by underwriters or financial consultants to the City, and, in particular, shall provide, at a minimum, for a payment by the Petitioner of a developer contribution in an amount initially equally to the maximum annual principal and interest due in connection with District Bonds, in the form of a letter of credit or other third-party guarantee of the District Bonds provided by the Petitioner and/or Vantage Builders, Inc., a New Mexico corporation, the terms of which shall be consistent with the parameters established by the City's Debt Committee.
         (c)   The Bond Resolution shall provide that the District Bonds shall be sold pursuant to a limited public offering and issued in minimum denominations of at least $25,000.
         (d)   The final maturity date for the District Bonds shall not be more than 30 years after the date of issuance.
         (e)   The Bond Resolution shall include provisions for appointment of a trustee pursuant to an indenture of trust or other similar instrument.
         (f)   The Bond Resolution shall provide that the trustee may exercise the rights and remedies of the District for the protection of bondholders, including, without limitation, the following:
            (i)   the trustee's collection of District Special Levies;
            (ii)   the trustee's foreclosure of delinquent District Special Levies; and
            (iii)   the trustee's appointment of a receiver or other agent to complete the construction of the Infrastructure Improvements in the event of a default in the payment of debt service on the District Bonds, which default cannot be cured by either (I) drawing on the debt service reserve fund established for the District Bonds, (II) through payment pursuant to a letter of credit or other guaranty provided by the Petitioner or (III) through the Petitioner’s direct payment of the amount necessary to pay the debt service on the District Bonds then due, which appointment may be made irrespective of whether foreclosure remedies are exercised.
      (3)   Prior to the issuance of District Bonds, the District's Bond Resolution shall be presented to the City Council for approval as being consistent with the provisions of Section 5 of this Resolution.
   (F)   District Governance.
      (1)   The District's governing body (the “Governing Body”) shall be composed of:
         (a)   two members appointed by the Council, one of whom shall be the Director or Acting Director of the Department of Municipal Development and one of whom shall be a certified public accountant employed in the Department of Finance and Administration, which members shall initially be Michael Riordan and Greg Strickland;
         (ii)   two members nominated by the Petitioner, and consented to by the City Council, which members shall initially be Scott Grady and Vincent Pizzonia;
         (iii)   the Councilor for the City Council District 9, which member shall initially be Don Harris;
      (2)   Michael Riordan, Greg Strickland and Vincent Pizzonia shall serve 6-year terms;
      (3)   Don Harris and Scott Grady shall serve 4-year terms.
      (4)   Pursuant to § 5-11-6 of the Act, Scott Grady is appointed to be the clerk of the District and Vincent Pizzonia is appointed to be treasurer of the District.
      (5)   Within six years following the date of formation of the District, either the District shall hold an election of members of the Governing Body as required by law, or the City Council shall serve as the Governing Body.
   (G)   Waiver of Additional Hearing and Election. Based on the information provided by the Petitioner in the Petition, the Petition has been signed by and on behalf of the owners of 100% of the Land to be included in the proposed District and no resident qualified electors or any other persons are located on the Land, and on that basis the City waives the requirements for posting, publication, mailing, notice, hearing and owner election, as authorized by NMSA 1978, § 5-11-7(I) (2001).
   (H)   Amendments. This Formation Resolution may be amended or supplemented by ordinance or resolution adopted by the City Council in accordance with the laws of the City and the State.
   (I)   Repealer. All ordinances or resolutions, or parts thereof in conflict with the provisions of this Formation Resolution, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed.
   (J)   Severability. If any section, paragraph, clause or provision of this Formation Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this Formation Resolution.
   (K)   Publication of Notice of Adoption of Formation Resolution. The Clerk is hereby directed to publish a notice of this Formation Resolution, in substantially the following form:
      Notice is hereby given of the title and general summary of the subject matter contained in a resolution duly adopted and approved by the City Council of the City of Albuquerque, New Mexico relating to the approval of the Volterra Public Improvement District. Complete copies of the resolution are available for public inspection during the regular business hours of the City Clerk, City of Albuquerque, New Mexico.
§ 1-15-4 BOULDERS PUBLIC IMPROVEMENT DISTRICT.
   (A)   As used in this Formation Resolution, the following terms shall have the meanings specified, unless the context clearly requires otherwise (such meanings to be equally applicable to both the singular and the plural forms of the terms defined):
      (1)   “ABCWUA” means the Albuquerque Bernalillo County Water Utility Authority.
      (2)   “Act” means collectively NMSA 1978, §§ 5-11-1 to -27 (2001, as amended), the home rule powers and all enactments of the City Council, including this Formation Resolution.
      (3)   “City” means the City of Albuquerque, New Mexico.
      (4)   “Clerk” means the City Clerk.
      (5)   “Council” means the City Council of the City.
      (6)   “Development Agreement” means the development agreement dated on or about May 21, 2012 by and between the City, the District, and the Petitioner, in accordance with § 4(I) of the PID Ordinance, in the form attached as Exhibit 10 to the Petition, which Development Agreement shall be joined and ratified by the District.
      (7)   “District” or “PID” means The Boulders Public Improvement District.
      (8)   “District Bonds” means one or more series of bonds proposed to be issued by the District pursuant to the Act.
      (9)   “District Boundary Map” means the map attached as Exhibit A to the General Plan.
      (10)   "District Special Levy" or "District Special Levies" means the special levy or special levies to be imposed on the Land pursuant to NMSA 1978, § 5-11-20 (2001).
      (11)   “Feasibility Study” means the study of the estimated costs and financing methods of the Infrastructure Improvements submitted by the Petitioner in connection with the Petition, in the form attached as Exhibit 5 to the Petition.
      (12)   “Formation Documents” means the Petition, the General Plan, the Development Agreement, and such other documents as are required by the Act and the PID Ordinance to be submitted by an applicant in connection with an application for the formation, implementation and governance of the District.
      (13)   “Formation Resolution” means this resolution adopted by the City in connection with its approval of the formation of the District, as supplemented or amended from time to time.
      (14)   “General Plan” means the General Plan submitted by the Petitioner in the form attached as Exhibit 3 to the Petition, which is on file with the Clerk and includes a map depicting the boundaries of the district and the real property proposed to be included in the district; a general description of anticipated improvements and their locations; and general cost estimates, proposed financing methods and anticipated special levies.
      (15)   “Infrastructure Improvements” means the PID Funded Infrastructure Improvements and such other improvements, which are collectively all of the improvements on the Land, whether funded directly by the Petitioner or with the proceeds of the District Bonds, described and in the approximate locations shown on Exhibit B to the Feasibility Study.
      (16)   “Land” means the real property described in the District Boundary Map.
      (17)   “MAI Appraisal” means the valuation of the Land as of March 28, 2012, as prepared by David Pearson, MAI.
      (18)   “Petition” means the Petition and Application filed with the City for the formation of The Boulders Public Improvement District and all documentation incorporated by reference in the Petition, submitted to the City pursuant to the Act and the PID Ordinance.
      (19)   “Petitioner” means Flash Resources, LLC, a Nevada limited liability company.
      (20)   “PID Funded Infrastructure Improvements” means the portion of the Infrastructure Improvements financed with the proceeds of the District Bonds, as identified in Table 1 in Section IV of the General Plan.
      (21)   “PID Ordinance” means City Ordinance Enactment No. 0-2003-12, Council Bill No. F/S 0-03-84.
      (22)   “Rate and Method of Special Levy Apportionment” means the rate, method of apportionment and manner of collection of the District Special Levy submitted by the Petitioner in the form attached as Exhibit C to the General Plan.
      (23)   “State” means the State of New Mexico.
   (B)   Construction of Formation Resolution. Except as otherwise expressly provided in this Formation Resolution, or unless the context otherwise requires:
      (1)   The singular includes the plural and the plural includes the singular.
      (2)   All accounting terms not otherwise defined in this Formation Resolution have the meanings assigned to them in accordance with generally accepted accounting principles in the United States.
      (3)   All references to Sections shall refer to Sections of this Formation Resolution, unless otherwise stated.
      (4)   Words importing any gender include the other gender.
      (5)   “Herein,” “hereby,” “hereunder,” “hereof,” “hereinbefore" and “hereafter” refer to this Formation Resolution and not solely to the particular portion of this Formation Resolution in which such word is used.
      (6)   All times will be local time in the City unless otherwise designated in this Formation Resolution.
   (C)   Findings. The City hereby declares that it has considered the Petition and all other relevant information and data, and hereby makes the following findings:
      (1)   The Petitioner, together with those parties consenting to the Petition, own 100% of the Land and no resident qualified electors or any other persons are located on the Land.
      (2)   As planned and proposed by the Petitioner, the Infrastructure Improvements have been or will be constructed to City specifications and will be subject to inspection, approval and acceptance by the City prior to dedication to the City, as provided in the Development Agreement.
      (3)   The District Bonds will be the sole obligations of the District, and will not be backed by the credit, general funds or resources of the City in any manner. Owners of the District Bonds will have no right to require the City or the District to impose ad valorem property taxes to pay District Bonds.
      (4)   The District will serve the interests, convenience and necessity of Petitioner, future owners of the Land and the citizens of the City:
         (a)   The cost of constructing the PID Funded Infrastructure Improvements will be allocated to the owners of Land within the District who will utilize the PID Funded Infrastructure Improvements, in a fair and equitable manner, and will not be passed on to the citizens of the City, other than the Petitioner and the other owners of the Land, or the City itself; and
         (b)   The City will receive the benefit of the Infrastructure Improvements through dedication of the Infrastructure Improvements not otherwise dedicated to the ABCWUA.
      (5)   The financing of the PID Funded Infrastructure Improvements is feasible and, based upon the Feasibility Study, will not impose an undue burden on the future owners of the Land or served by the PID Funded Infrastructure Improvements.
      (6)   The financing of the PID Funded Infrastructure Improvements will enable the District to construct or acquire those improvements in a cost-effective manner.
      (7)   The District is planned and will be implemented in a manner which provides for the expenses to be paid by the Petitioner and the District, as applicable.
      (8)   As planned, the Infrastructure Improvements are consistent with the City's development goals, growth management policies, and conservation policies.
      (9)   The formation of the District and the issuance of District Bonds, subject to the requirements and limitations specified in this Formation Resolution, are consistent with the requirements of the PID Ordinance.
   (D)   Approval of the Formation Documents; Formation of District; Approval of District Foreclosure Procedures for Delinquent Special Levies.
      (1)   The Boulders Public Improvement District is hereby ordered approved and formed to carry out the purposes set forth in, and according to the provisions of, this Formation Resolution.
      (2)   The Petition is hereby accepted and approved.
      (3)   The General Plan is hereby accepted and approved. The District shall include the Land, which is the real property described in the General Plan's District Boundary Map and more particularly identified in the legal descriptions attached as Exhibit 2 to the Petition.
      (4)   The Development Agreement is hereby accepted and approved, and shall be an agreement or condition pertaining to the District, as contemplated by §4(D) of the PID Ordinance, so that any existing agreements with the Petitioner or other developers and landowners regarding the provision of Infrastructure Improvements proposed to be furnished to the City shall be deemed amended to reflect the terms of the Development Agreement.
      (5)   The Rate and Method of Special Levy Apportionment, establishing the apportionment and manner of collection of District Special Levy in sufficient detail to enable each owner of all or a portion of the Land or resident within the District to estimate the maximum amount of the proposed District Special Levy, is hereby accepted and approved.
      (6)   The Notice of District Special Levy substantially in the form attached as Exhibit 8 to the Petition is hereby approved.
      (7)   The District shall have the powers necessary and convenient to finance and acquire the PID Funded Infrastructure Improvements as provided in the General Plan, Feasibility Study, Rate and Method of Special Levy Apportionment and Development Agreement, as those documents may be amended or modified with the approval of the City. The District and the City shall be bound by the terms thereof.
      (8)   The purpose of the District shall be to provide financing of the PID Funded Infrastructure Improvements set forth in the Petition.
      (9)   The District Bonds shall not exceed the maximum principal amount set forth in the Petition and shall be within the value to lien ratio described in the Petition, except as otherwise approved in a supplemental resolution by the District’s governing body and the City Council.
      (10)   The District Special Levies to be imposed by the District shall not exceed the amounts set forth in the Petition, subject to adjustment consistent with the terms of the Act and the Rate and Method of Special Levy Apportionment.
      (11)   The District shall be self-supporting, as provided in § 1(F) of the PID Ordinance.
      (12)   The District shall comply with existing City policies for development, growth management and conservation, as provided in §§ 1(A) and 1(I) of the PID Ordinance.
      (13)   The PID financing proposed in the Petition and other Formation Documents meet the applicable requirements of §§ 5 and 6 of the PID Ordinance.
      (14)   The officers, agents and employees of the City are hereby authorized and empowered to do all acts and things and to execute and deliver all documents relating to or requested by the District to carry out and comply with the provisions of the Formation Documents.
      (15)   The District’s governing body shall hold a public meeting within 45 days following the date of adoption of this Formation Resolution. At that meeting, the District’s governing body shall adopt an open meeting policy and by-laws for the District, approve and execute the Development Agreement, and shall take such other action toward or in connection with the issuance of the District Bonds, as authorized by this Formation Resolution.
      (16)   Pursuant to the authority granted in §§ 5-11-20(G) and 5-11-23(F) of the Act, the District shall establish procedures for foreclosure of delinquent District Special Levies and for redemption of foreclosed property, which procedures shall be substantially similar to the foreclosure and redemption procedures applicable to Municipal Improvement Districts set forth in NMSA 1978, §§ 3-33-28 to -30 (1965, as amended), and as set forth for the District in the Development Agreement approved by this Formation Resolution.
   (E)   Authorization of District Bonds. The District may issue District Bonds pursuant to a resolution of the District’s governing body authorizing issuance of one or more series of District Bonds in an estimated maximum aggregate principal amount of $3,902,000 for the purpose of financing the PID Funded Infrastructure Improvements subject to the requirements set forth in this Formation Resolution (the “Bond Resolution”).
      (1)   The Bond Resolution shall be approved by the City's Debt Committee prior to its enactment by the District and, as part of the review and approval process, the City's Debt Committee shall determine that the Petitioner is in compliance with its outstanding agreements with the City, including all subdivision improvement agreements.
      (2)   The Bond Resolution shall include, at minimum, the following provisions for the protection of owners of the Bonds:
         (a)   The Bond Resolution shall provide for the establishment of a debt service reserve fund in an amount, on the date of issuance of the District Bonds, equal to the lesser of (a) the maximum annual debt service requirements on all outstanding District Bonds; (b) 125% of the average annual debt service requirements on the District Bonds; or (c) 10% of the aggregate principal amount of the District Bonds.
         (b)   The Bond Resolution shall include provisions for the public offering or private placement of District Bonds in accordance with § 5(E)(5) of the PID Ordinance; and in accordance with the PID Ordinance, the City's Debt Committee has determined, based upon recommendations made by underwriters and financial consultants to the City, that in lieu of a contribution agreement, the District Bonds shall be subject to the following diversity of ownership requirements and limitations:
            1.   The District Special Levies assessed on the Land, owned by parties other than the Petitioner or other related interests, shall be in amounts equal to or greater than 110% of the maximum annual debt service requirements of all District Bonds outstanding and proposed to be issued; and
            2.   The aggregate principal amount of the District Bonds shall constitute no more than 25% of the total value of the Land, owned by parties other than the Petitioner or other related interests, following the completion of construction of the PID Funded Infrastructure Improvements.
         (c)   The Bond Resolution shall provide that the District Bonds shall be sold pursuant to a limited public offering and issued in minimum denominations of at least $25,000.
         (d)   The final maturity date for the District Bonds shall not be more than 30 years after the date of issuance.
         (e)   The Bond Resolution shall include provisions for appointment of a trustee pursuant to an indenture of trust or other similar instrument.
         (f)   The Bond Resolution shall provide that the trustee may exercise the rights and remedies of the District for the protection of bondholders, including, without limitation, the following:
            1.   the trustee's collection of District Special Levies;
            2.   the trustee's foreclosure of delinquent District Special Levies; and
            3.   the trustee's appointment of a receiver or other agent to complete the construction of the Infrastructure Improvements in the event of a default in the payment of debt service on the District Bonds, which default cannot be cured by either (I) drawing on the debt service reserve fund established for the District Bonds, (II) through payment pursuant to a letter of credit or other guaranty that may be provided by the Petitioner, if required, or (III) through the Petitioner’s direct payment of the amount necessary to pay the debt service on the District Bonds then due, which appointment may be made irrespective of whether foreclosure remedies are exercised.
      (3)   Prior to the issuance of District Bonds, the District's Bond Resolution shall be presented to the City Council for approval as being consistent with the provisions of Section 5 of this Resolution.
   (F)   District Governance.
      (1)   The District's governing body (the “Governing Body”) shall be composed of:
         (a)   one of whom shall be a licensed engineer employed in the Department of Municipal Development, which member shall initially be Rhonda Methvin;
         (b)   one of whom shall be a certified public accountant employed in the Department of Finance and Administration, which member shall initially be Pamela Berry;
         (c)   one of whom shall be a employed in the City Planning Department, which member shall initially be Russell Brito; and
         (d)   two members nominated by the Petitioner, and consented to by the City Council, which members shall initially be Pierre Amestoy and Christine Amestoy;
      (2)   Pierre Amestoy, Pamela Berry, and Russell Brito shall serve 6-year terms.
      (3)   Christine Amestoy and Rhonda Methvin shall serve 4-year terms.
      (4)   Pursuant to § 5-11-6 of the Act, Pierre Amestoy is appointed to be the clerk of the District and Christine Amestoy is appointed to be treasurer of the District.
      (5)   Within six years following the date of formation of the District, the District shall hold an election of members of the Governing Body in conformance with Act and the PID Ordinance.
(R2012-035, approved 5-23-2012)
ARTICLE 16: RANK 2 FACILITY PLANS
   1-16-1   Bikeways & Trails Facility Plan
   1-16-2   Facility Plan: Electric System Transmission and Generation (2010-2020)
   1-16-3   Facility Plan for Arroyos
   1-16-4   Major Public Open Space Facility Plan
   1-16-5   Route 66 Action Plan
§ 1-16-1 BIKEWAYS & TRAILS FACILITY PLAN.
   (A)   City Council adopts the following findings:
      (1)   The Rank II Bikeways & Trails Facility Plan updates, consolidates, and replaces the Trails and Bikeways Facility Plan (1993) and the Comprehensive On-Street Bicycle Plan (2000). Rank II facility plans describe the existing facilities, policies, recommendations, and proposed projects.
      (2)   The scope of the Bikeways & Trails Facility Plan is City-wide. It also shows trails within Bernalillo County’s jurisdiction to demonstrate regional connectivity, but which are not included as City proposed projects.
      (3)   The purpose of the plan is to ensure a well-connected, enjoyable, and safe non-motorized transportation and recreation system throughout the metropolitan area. Updating the Plan is a reasonable exercise in local self-government consistent with the City Charter.
      (4)   The Albuquerque/Bernalillo County Comprehensive Plan, the City of Albuquerque Integrated Development Ordinance, the Major Open Space Facility Plan, and the Facility Plan for Arroyos, the Trails and Bikeways Facility Plan, and the Comprehensive On-Street Bicycle Plan are incorporated herein by reference and made part of the record for all purposes.
      (5)   The Plan supports the following applicable Goals and Policies of the Rank I Albuquerque/Bernalillo County Comprehensive Plan:
         (a)   The Plan furthers the Open Space Network Goal and Policy II.B.1f by updating trail-related policy, design guidelines, and proposed trail projects. Part of the overarching vision of the plan is to provide recreation opportunities; the plan also recommends trails along arroyos and appropriate ditches as connections between natural areas and open spaces.
         (b)   The Plan furthers the Semi-Urban Area Policy II.B.4b through designation of trails and trail corridor development policies for semi-urban areas.
         (c)   The Plan furthers the Developing and Established Urban Areas Goal and Policy II.B.5g because the plan will help guide development of a system that contributes to creating a quality urban environment and that will increase choices in transportation and life styles. The Plan will guide development of trail corridors in appropriate locations.
         (d)   The Plan furthers the Environmental Protection Policy II.C.1d and the Transpiration and Transit Goal by setting direction for investments in multi-modal transportation infrastructure, which will help protect air quality through a balanced circulation system that supports and encourages alternative means of transportation.
         (e)   The Plan is generally consistent with Policy II.D.4h. A metropolitan area-wide recreational and commuter bicycle and trail network, which emphasizes connections among Activity Centers shall be constructed and promoted. The proposed alignments have been evaluated to provide connection to and within most designated activity centers.
         (f)   The plan is generally consistent with Policy II.D.4i. Street and highway projects shall include paralleling paths and safe crossings for bicycles, pedestrians, and equestrians where appropriate. The Plan includes a Complete Streets Policy for bikeways and trails projects to be considered on all streets, as appropriate, throughout the street network. One of the critiques of the Plan is that it does not recommend access along major arterial streets, which have been demonstrated to have the highest bicycle and pedestrian crash rates.
         (g)   The Plan is generally consistent with Policy II.D.4h. Efficient, safe access, and transfer capability shall be provided between all modes of transportation. The City currently has excellent transfer capabilities between bicycle, train, and bus. Both the train and all City busses have capacity to hold multiple bicycles each. The Plan does not specifically address how to provide safe and convenient access to each bus stop, which is typically located on a major arterial street.
         (h)   The Plan is generally consistent with Policy II.D.4q. Transportation investments should emphasize overall mobility needs and choice among modes in the regional and intra-city movement of people and goods. The Plan sets direction for investments in multi-modal transportation infrastructure and programs to enhance bicycling and walking options.
   (6)   The Plan is generally consistent with the key themes of the 2035 Metropolitan Transportation Plan (MTP) through its multi-modal vision, policies, and proposed facilities for pedestrians and cyclists throughout the City. The proposed facility map is consistent with the current LRBS map and will provide updates to the LRBS map when it is amended for the 2040 MTP.
   (7)   Key City departments, including Municipal Development, Parks & Recreation, and Planning, coordinated as part of this facility planning effort.
   (8)   There is general support among the reviewing agencies and members of the public that the City should adopt the Bikeways & Trails Facility Plan.
   (9)   The City’s Advisory Groups for trail and bicycle facilities, the Greater Albuquerque Bicycle Advisory Committee and the Greater Albuquerque Recreational Trails Committee, should meet biannually to review implementation of the BTFP and consider any updates or changes that may be necessary.
   (B)   In order to implement the policies of the Albuquerque/Bernalillo County Comprehensive Plan, applicable Rank II and Rank III Plans, and the Metropolitan Transportation Plan, the Bikeways & Trails Facility Plan, with Appendices, attached hereto as Exhibit A, is hereby adopted and the Trails & Bikeways Facility Plan (1993) and the Comprehensive On-Street Bicycle Plan (2000) are repealed.
(R-2015-045, approved 5-18-15; Res. 2017-102, approved 11-13-17)
Cross-reference:
   Bikeway Network plan, § 4-2-1, repealed
   Trails and Bikeways Facility Plan; On-Street Comprehensive Bike Plan, § 4-2-9 (formerly codified as § 1-11-5), repealed
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