------CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. R-26-42 ENACTMENT NO.
SPONSORED BY: Dan Lewis
RESOLUTION
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Approving The Appointment Of Directors To Fill Vacancies On The Governing Body Of The Saltillo Public Improvement District Caused By The Resignations Of Directors, Pursuant To The Public Improvement District Act, NMSA 1978, Sections 5-11-1 Through 27, As Amended, And ROA 1994, Sections 6-9-1 Through 7; And Repealing All Actions Inconsistent With This Resolution (Lewis)
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APPROVING THE APPOINTMENT OF DIRECTORS TO FILL VACANCIES ON THE GOVERNING BODY OF THE SALTILLO PUBLIC IMPROVEMENT DISTRICT CAUSED BY THE RESIGNATIONS OF DIRECTORS, PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ACT, NMSA 1978, SECTIONS 5-11-1 THROUGH 27, AS AMENDED, AND ROA 1994, SECTIONS 6-9-1 THROUGH 7; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS RESOLUTION.
Capitalized terms used herein shall have the meanings assigned in Section 1-15-1 of the Albuquerque Code of Resolutions (the “Saltillo Formation Resolution”), except as otherwise defined in this Resolution, or unless the context clearly requires otherwise.
WHEREAS, Pursuant to NMSA 1978, Section 5-11-9(A): "[t]he governing body, at its option, may authorize the appointment of a separate district board. In the case of an appointed district board, three of the appointed directors shall serve an initial term to expire following a regular local election and not to exceed six years. Two of the appointed directors shall serve an initial term to expire following a regular local election and not to exceed four years. The resolution forming the district shall state which directors shall serve the longer terms and which shall serve the shorter terms. If a vacancy occurs on the district board because of death, resignation or inability of the director to discharge the duties of director, the governing body shall appoint a director to fill the vacancy, who shall hold office for the remainder of the unexpired term until a successor is appointed or elected"; and
WHEREAS, NMSA 1978, Section 5-11-9(B) provides that: "[a]t the end of the appointed directors' terms, the governing body shall resume governance of the district as its board either directly or through the governing body's designees or, at the governing body's option, shall hold an election of new directors by majority vote of the qualified electors"; and
WHEREAS, Section 1-15-1(H)(5) of the Saltillo Formation Resolution provides that "within six years following the date of formation of the District, the District will hold an election of members of the governing body of the District as required by law, unless no District Bonds are then outstanding, in which case, the Council may, at the request of the District, appoint five then-sitting City Councilors to serve as the governing body"; and
WHEREAS, on March 5, 2019, pursuant to the foregoing provisions, the District held an election to replace all five seats on the Governing Board of the Saltillo Public Improvement District with new directors (the "Election"); and
WHEREAS, following the Election, the Governing Board had been comprised of five members: Shanna Schultz, Cilia Aglialoro, Jeffrey Hertz, Patrick Montoya, and Vicente Quevedo; and
WHEREAS, Patrick Montoya resigned and was replaced by Jennifer Turner, Director of Department of Municipal Development of the City, in May 2025; and
WHEREAS, Shanna Schultz, Cilia Aglialoro, and Vicente Quevedo have also resigned from the Governing Body of the District; and
WHEREAS, Donna Sandoval, Director of Finance and Administrative Services of the City; Victor Hall, Associate Counsel for Council Services; and Kenneth E. Scott Jr., City Treasurer have volunteered to serve on the Governing Body of the District.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Appointments to the Governing Body of the District. Pursuant to NMSA 1978, Section 5-11-9(A), the Council hereby appoints Donna Sandoval to replace Cilia Aglialoro as a member of the Governing Body of the District; appoints Victor Hall to replace Shanna Schultz as a member of the Governing Body of the District; and Kenneth E. Scott Jr. to replace Vicente Quevedo as a member of the Governing Body of the District.
SECTION 2. Repealer. All ordinances, resolutions, or parts thereof in conflict with the provisions of this Resolution are hereby repealed only to the extent of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed.
SECTION 3. Severability. If any section, paragraph, sentence, clause, word or phrase of this Resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution. The Council hereby declares that it would have passed this Resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
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