CITY of ALBUQUERQUE
NINETEENTH COUNCIL
COUNCIL BILL NO. R-11-243 ENACTMENT NO. ________________________
SPONSORED BY: Dan Lewis by request
RESOLUTION
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Relating To The Proposed Special Assessment District No. 228, Accepting Preliminary Plans, Estimates Of Costs, Assessment Plats With Addendum, And Engineer's Report As To The Methods Used In Determining Benefits With Respect Thereto; Making A Provisional Order That Certain Street, Storm Drainage, Sanitary Sewer, Water And Private Utility Improvements, All Within The Proposed District, Shall Be Constructed; And Directing That Notice Of A Hearing On The Provisional Order Be Given (Lewis, by request)
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RELATING TO THE PROPOSED ALBUQUERQUE, NEW MEXICO SPECIAL ASSESSMENT DISTRICT NO. 228, ACCEPTING PRELIMINARY PLANS, ESTIMATES OF COSTS, ASSESSMENT PLATS WITH ADDENDUM, AND ENGINEER'S REPORT AS TO THE METHODS USED IN DETERMINING BENEFITS WITH RESPECT THERETO; MAKING A PROVISIONAL ORDER THAT CERTAIN STREET, STORM DRAINAGE, SANITARY SEWER, WATER AND PRIVATE UTILITY IMPROVEMENTS, ALL WITHIN THE PROPOSED DISTRICT, SHALL BE CONSTRUCTED; AND DIRECTING THAT NOTICE OF A HEARING ON THE PROVISIONAL ORDER BE GIVEN.
WHEREAS, the City Council (the "Council") of the City of Albuquerque (the "City") in the County of Bernalillo and State of New Mexico, has directed Wilson & Company, Inc. (the "Engineers"), professional engineers duly licensed under the laws of the State of New Mexico, to prepare, submit, and file with the City Clerk of the City (the "City Clerk"), (I) preliminary plans showing typical sections of the type of materials to be used and the approximate thickness and width of the material for the contemplated street improvements (the "Street Improvements"), the type of materials to be used, the approximate diameter or diameters of any trunk lines, mains or laterals for the contemplated storm drainage, sanitary sewer, water, and private utility improvements (the "Storm Drainage Improvements", "Sanitary Sewer Improvements", "Water Improvements", and "Private Utility Improvements", respectively); and a general description of other major components of the foregoing types of improvements in the proposed district (collectively, the "Improvements"); (II) estimates of the costs of grading, graveling, paving, draining, and otherwise constructing the Street Improvements and of constructing, installing, adjusting, and otherwise completing the Storm Drainage Improvements Sanitary Sewer Improvements, Water Improvements, and Private Utility Improvements; (III) an assessment plat showing the areas to be included in the proposed district; and an addendum to the assessment plat, showing the amount of maximum benefit estimated to accrue to each tract or parcel of land in the proposed district, including an engineer's report on the method used in determining benefits, all pursuant to Sections 3-33-1 through 3-33-43, NMSA, 1978, as amended and supplemented; and
WHEREAS, the Council is of the opinion that, in the specific interest of the property within the proposed District (defined below), the addition of the Improvements is necessary and should be made in the proposed District as so directed and that the Improvements should be as hereinafter set forth; and
WHEREAS, the Engineers have filed at the office of the City Clerk, in connection with the Improvements and the proposed Albuquerque, New Mexico, Special Assessment District No. 228 (the "District") the following:
I. Preliminary plans (the "Preliminary Plans") showing typical sections of the type or types of material to be used and the approximate thickness and width of the material for the Street Improvements; and the type of material to be used and the approximate diameter or diameters of all trunk lines, distribution lines, service lines, connection lines, mains and laterals for the Storm Drainage, Sanitary Sewer, Water, and Private Utility Improvements; and a general description of any other major component of each of the foregoing Improvements.
II. An estimate (the "Estimate") of the total cost of constructing the Improvements; said estimate being made in a lump sum or by unit prices including, without limiting the generality of the foregoing, advertising, financing, appraising, engineering, legal, and any other such expenses, as in the judgment of the Engineers, are necessary to the completion of the Improvements and the payments of the costs thereof.
III. An assessment plat (the "Assessment Plat") showing the area to be included within the District.
IV. An addendum to the Assessment Plat (the "Addendum") including an Engineer's Report (the "Engineer's Report") as to the method of determining benefits, showing the tracts or parcels of land to be assessed, and the amount of maximum benefit estimated to accrue to each tract or parcel of land in the District (as hereinafter more fully explained); the method of allocating the benefits being calculated on a front foot, service unit, or an area basis, equitable adjustments having been made for assessments levied against any irregular lots and lots located in distinct parts of the District, so that assessments according to benefit are to be equal and uniform, such basis of assessment heretofore having been designated by the Council, and the total estimated maximum benefit being listed upon a determination of the value of the improvements specifically benefiting each tract or parcel of land in the District; and
WHEREAS, the Council has examined the Preliminary Plans, Estimates, Assessment Plat with the Addendum, and the Engineer's Report so filed with the City Clerk and has found and does hereby declare the same to be satisfactory in all respects; and
WHEREAS, the property in this Special Assessment District is subject to a lawsuit styled, Volcano Cliffs Property Owners Association v. The City of Albuquerque, Bernalillo Case Number CV 2006-8016, which lawsuit is currently in stayed in the process of settlement.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. The Council hereby accepts the Preliminary Plans, Estimates, Assessment Plat with the Addendum, and the Engineer's Report.
Section 2. The Council hereby provisionally orders that the Improvements shall be constructed, at an estimated cost of $25,500,000 including advertising, engineering, financing, appraising, legal and all necessary incidental expenses, as more particularly hereinafter set forth, as described in the Preliminary Plans hereby accepted, reference to which is hereby made and which are available for public examination at the office of the City Clerk.
Section 3. That of the estimated total cost of $25,500,000 it is estimated that $-0-will be defrayed from sources other than special assessments and $25,500,000 will be assessed against the tracts or parcels of land in the District as hereinafter provided. For assessments based on a front foot basis, the amount of frontage of any particular tract or parcel of land specifically benefited by the Improvements will be computed by determining the distance along the boundaries of such tract or parcel which abut any street, right-of-way, easement, or any combination thereof, in which and through which a particular improvement is being placed, and the amount to be assessed will be apportioned to each such tract or parcel in proportion to the amount of footage of each such tract or parcel to the total amount of footage of all benefited tracts or parcels, with equitable adjustments being made for any irregular parcels and for parcels located in distinct parts of the District. For assessments based on a service unit basis, an equal share of the amount to be assessed will be apportioned to each of the parcels specifically benefited by the Improvements, with equitable adjustments being made for any irregular parcels and for parcels located in distinct parts of the District. For assessments based on area basis, the amount of area of any tract or parcel of land specifically benefited by the improvement will be computed by determining the acreage of such tract or parcel, and the amount to be assessed will be apportioned to each such tract or parcel in proportion to the amount of area of each such tract or parcel to the amount of area of all benefited tracts or parcels, with equitable adjustments being made for any irregular parcels and for parcels located in distinct parts of the District . The estimated cost to be assessed and the basis of assessment for each type of improvement is as follows:
A. For Street and Storm Drainage Improvements, the estimated total assessments are $13,850,000. The assessments for street and storm drainage improvements will be levied either on a front foot, service unit, or area basis against those tracts or parcels of land in the District that abut the streets being improved and also assessed against the tracts of land in the District that are specifically benefited by the street and storm drain system improvements.
B. For Sanitary Sewer Improvements, the estimated total assessments are $4,100,000. The assessments will be levied on a front foot or service unit basis against those tracts or parcels of land abutting streets, rights-of-way, or easements in which and through which the Sanitary Sewer Improvements shall be placed and also assessed against the tracts of land in the District that are specifically benefited by the availability of service.
C. For Water Improvements, the estimated total assessments are $5,950,000. The assessments will be levied on a front foot or service unit basis against those tracts or parcels of land abutting the streets, rights-of-way, or easements in which and through which the Water Improvements shall be placed and also assessed against the tracts of land in the District that are specifically benefited by the availability of service.
D. For Dry Utility Improvements, the estimated total assessments are $1,600,000. The assessments will be levied on a front foot or service unit basis against those tracts or parcels of land abutting streets, rights-of-way, or easements in which and through which the Private Utility Improvements shall be placed and also assessed against the tracts of land in the District that are specifically benefited by the availability of service.
The methods of levying the assessments set forth in Paragraph A through D of this section have heretofore and hereby are determined by the Council to be equitable and proportionate to the benefits received. An equitable adjustment will be made for the assessments levied against any irregular lots, lots located in distinct parts of the District and made for any tract or parcel not specifically benefited by any of the Improvements, so that assessments according to benefits are equal and uniform.
Section 4. The area comprising the District shall be designated "Albuquerque, New Mexico, Special Assessment District No. 228."
Section 5. The property owners within the District shall be responsible for the following off-site improvements:
A. Water: the design and construction of a 30" transmission line.
B. Streets: Paving of Paseo del Norte, Unser, Rainbow and Universe/Scenic to include curb and gutter, asphalt, sidewalk, ADA ramps and streetlights per the City's DPM standards.
Section 6. On Wednesday, the 5th day of October, 2011, at 5:00 p.m., at the Council Chambers in the City/County Government Center, One Civic Plaza, N.W., in the City of Albuquerque, New Mexico, the owners of the property to be assessed or any other persons interested therein may file a written protest or objection and may appear before the Council and be heard as to the advisability of making the Improvements, as to the estimated costs thereof, as to the manner of payment therefore and as to the estimated maximum benefit to each individual tract or parcel of land within the District. Not more than thirty days nor less than ten days before the day of the hearing, the City Clerk, Deputy City Clerk, or the Engineers are hereby directed to and shall mail notices, stating the time and place of the hearing on this provisional order to the owners of the tracts or parcels of land being assessed for the Improvements. The notice shall be mailed to the last known address of each such property owner. The names and addresses of such property owners are to be obtained from the records of the County Assessor or from other sources as the City Clerk or the Engineers deem reliable. Proof of such mailing shall be made by affidavit of the City Clerk or the Engineers, such proof to be filed with the City Clerk, provided that failure to mail such notice or notices shall not invalidate any of the proceedings hereunder. The time and place of the hearing on this provisional order shall also be given by publication in a newspaper, which maintains an office in and is of general circulation within the City, once each week for three consecutive weeks, the last publication shall be at least one week prior to the date of the hearing. Such service by publication shall be verified by the affidavit of the publisher and filed with the City Clerk. The published notice shall be substantially the following form:
(FORM OF NOTICE)
NOTICE OF HEARING ON CERTAIN STREET, STORM DRAINAGE,
SANITARY SEWER, WATER, AND PRIVATE UTILITY IMPROVEMENTS,
AND PROPOSED ASSESSMENTS WITHIN THE PROPOSED
ALBUQUERQUE, NEW MEXICO
SPECIAL ASSESSMENT DISTRICT NO. 228
NOTICE IS HEREBY GIVEN to the property owners within the proposed Albuquerque, New Mexico, Special Assessment District No. 228 (the "District") and to all interested persons that:
I. The Council (the "Council") of the City of Albuquerque (the "City"), New Mexico, has provisionally ordered that the following streets and parts thereof shall be graded, graveled, paved, drained, curbed, guttered, sidewalked and otherwise improved ("Street Improvements"); and that there be constructed, installed, and otherwise improved storm drainage improvements (the "Storm Drainage Improvements"), sanitary sewers (the "Sanitary Sewer Improvements"), water lines (the "Water Improvements"), and private utility service lines (the "Private Utility Improvements"), (collectively, the "Improvements") in and along the following streets and areas and parts thereof as designated:
PAVING AND STORM DRAINAGE IMPROVEMENTS
Agua Fria Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Alderete Court (Unit 22) - Camino Alderete to cul-de-sac ending the street.
Alto Rey Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Azor Lane (Unit 19) - Aguila Street to Vista del Prado.
Calle Nortena (Units 26 & 27) - Paseo del Norte to Rosa Parks Rd.
Camino Alderete (Unit 22) - Kimmick Drive to Petirrojo Road at a curve.
Camino Alto (Unit 22) - Papagayo Road to a corner then easterly to a cul-de-sac ending the street.
Camino Alto Court (Unit 22) - Camino Alto to a cul-de-sac ending the street.
Camino Del Oeste (Unit 19) - Vista Del Prado to Urraca Street.
Canavio Place (Units 18 & 22) - Papagayo Road to Camino Alderete.
Canoncito Drive (Unit 22) -Kimmick Drive to Canavio Place.
Compass Drive (Units 18 & 19) - Kimmick Drive to 400' South of Petirrojo Road.
Compass Court (Unit 19) - Compass Drive to a cul-de-sac ending the street.
Cuervo Place (Unit 18) - Compass Drive to Aguila Street.
Kimmick Drive; also platted as 81st Street (Units 18, 22, & 26) - Unser Blvd. to 325' East of Camino de Paz and Rosa Parks Rd to Paseo del Norte.
Metro Lane (frontage; Unit 18) - from Sujeto Road (to be platted) to Kimmick Drive.
Papagayo Road (Units 18 & 22) - Compass Drive to Camino Alderete to end the street.
Paseo Del Norte - 300' west of Calle Plata to Calle Nortena.
Pato Road (Unit 18) - Papagayo Road to Urraca Street.
Petirrojo Road (Units 18 & 22) - Compass Drive to Camino Alderete.
Picardia Place (Units 18 & 22) - Petirrojo Road to Petirrojo Road.
Rainbow Boulevard - Unser Boulevard to 900' northwest of Universe Boulevard.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Scenic Road - Rainbow Boulevard to 250' southwest of Rainbow Boulevard.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Universe Boulevard - Rainbow Boulevard to 450' northeast of Rainbow Boulevard.
Unser Boulevard - Compass Drive to Kimmick Drive.
Urraca Street (Units 18-22) - Kimmick Drive to Camino del Oeste.
Valiente Road (Units 26 & 27) - Kimmick Drive to Calle Nortena.
Vista del Prado (Unit 19) - Azor Lane to Urraca Street.
Vista del Prado Court (Unit 19) - Vista del Prado to a cul-de-sac ending the street.
SANITARY SEWER IMPROVEMENTS
Agua Fria Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Alderete Court (Unit 22) - Camino Alderete to cul-de-sac ending the street.
Alto Rey Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Azor Lane (Unit 19) - Aguila Street to Vista del Prado.
Calle Nortena (Units 26 & 27) - Paseo del Norte to Rosa Parks Rd.
Camino Alderete (Unit 22) - Kimmick Drive to Petirrojo Road at a curve.
Camino Alto (Unit 22) - Papagayo Road to a corner then easterly to a cul-de-sac ending the street.
Camino Alto Court (Unit 22) - Camino Alto to a cul-de-sac ending the street.
Camino Del Oeste (Unit 19) - Vista Del Prado to Urraca Street.
Canavio Place (Units 18 & 22) - Papagayo Road to Camino Alderete.
Canoncito Drive (Unit 22) -Kimmick Drive to Canavio Place.
Compass Drive (Units 18 & 19) - Kimmick Drive to 400' South of Petirrojo Road.
Compass Court (Unit 19) - Compass Drive to a cul-de-sac ending the street.
Cuervo Place (Unit 18) - Compass Drive to Aguila Street.
Kimmick Drive; also platted as 81st Street (Units 18, 22, & 26) - Unser Blvd. to 325' East of Camino de Paz and Rosa Parks Rd to Paseo del Norte.
Metro Lane (frontage; Unit 18) - from Sujeto Road (to be platted) to Kimmick Drive
Papagayo Road (Units 18 & 22) - Compass Drive to Camino Alderete to end the street.
Pato Road (Unit 18) - Papagayo Road to Urraca Street.
Petirrojo Road (Units 18 & 22) - Compass Drive to Camino Alderete.
Picardia Place (Units 18 & 22) - Petirrojo Road to Petirrojo Road.
Rainbow Boulevard - Unser Boulevard to 900' northwest of Universe Boulevard.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Scenic Road - Rainbow Boulevard to 250' southwest of Rainbow Boulevard.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Universe Boulevard - Rainbow Boulevard to 450' northeast of Rainbow Boulevard.
Rio Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Urraca Street (Units 18-22) - Kimmick Drive to Camino del Oeste.
Valiente Road (Units 26 & 27) - Kimmick Drive to Calle Nortena.
Vista del Prado (Unit 19) - Azor Lane to Urraca Street.
Vista del Prado Court (Unit 19) - Vista del Prado to a cul-de-sac ending the street.
WATER IMPROVEMENTS
Agua Fria Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Alderete Court (Unit 22) - Camino Alderete to cul-de-sac ending the street.
Alto Rey Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Azor Lane (Unit 19) - Aguila Street to Vista del Prado.
Calle Nortena (Units 26 & 27) - Paseo del Norte to Rosa Parks Rd.
Camino Alderete (Unit 22) - Kimmick Drive to Petirrojo Road at a curve.
Camino Alto (Unit 22) - Papagayo Road to a corner then easterly to a cul-de-sac ending the street.
Camino Alto Court (Unit 22) - Camino Alto to a cul-de-sac ending the street.
Camino Del Oeste (Unit 19) - Vista Del Prado to Urraca Street.
Canavio Place (Units 18 & 22) - Papagayo Road to Camino Alderete.
Canoncito Drive (Unit 22) -Kimmick Drive to Canavio Place.
Compass Drive (Units 18 & 19) - Kimmick Drive to 400' South of Petirrojo Road.
Compass Court (Unit 19) - Compass Drive to a cul-de-sac ending the street.
Cuervo Place (Unit 18) - Compass Drive to Aguila Street.
Kimmick Drive; also platted as 81st Street (Units 18, 22, & 26) - Unser Blvd. to 325' East of Camino de Paz and Rosa Parks Rd to Paseo del Norte.
Metro Lane (frontage; Unit 18) - from Sujeto Road (to be platted) to Kimmick Drive.
Papagayo Road (Units 18 & 22) - Compass Drive to Camino Alderete to end the street.
Pato Road (Unit 18) - Papagayo Road to Urraca Street.
Petirrojo Road (Units 18 & 22) - Compass Drive to Camino Alderete.
Picardia Place (Units 18 & 22) - Petirrojo Road to Petirrojo Road.
Rainbow Boulevard - Unser Boulevard to 900' northwest of Universe Boulevard.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Scenic Road - Rainbow Boulevard to 250' southwest of Rainbow Boulevard.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Universe Boulevard - Rainbow Boulevard to 450' northeast of Rainbow Boulevard.
Rio Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Urraca Street (Units 18-22) - Kimmick Drive to Camino del Oeste.
Valiente Road (Units 26 & 27) - Kimmick Drive to Calle Nortena.
Vista del Prado (Unit 19) - Azor Lane to Urraca Street.
Vista del Prado Court (Unit 19) - Vista del Prado to a cul-de-sac ending the street.
DRY UTILITY IMPROVEMENTS
Agua Fria Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Alderete Court (Unit 22) - Camino Alderete to cul-de-sac ending the street.
Alto Rey Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.
Azor Lane (Unit 19) - Aguila Street to Vista del Prado.
Calle Nortena (Units 26 & 27) - Paseo del Norte to Rosa Parks Rd.
Camino Alderete (Unit 22) - Kimmick Drive to Petirrojo Road at a curve.
Camino Alto (Unit 22) - Papagayo Road to a corner then easterly to a cul-de-sac ending the street.
Camino Alto Court (Unit 22) - Camino Alto to a cul-de-sac ending the street.
Camino Del Oeste (Unit 19) - Vista Del Prado to Urraca Street.
Canavio Place (Units 18 & 22) - Papagayo Road to Camino Alderete.
Canoncito Drive (Unit 22) -Kimmick Drive to Canavio Place.
Compass Drive (Units 18 & 19) - Kimmick Drive to 400' South of Petirrojo Road.
Compass Court (Unit 19) - Compass Drive to a cul-de-sac ending the street.
Cuervo Place (Unit 18) - Compass Drive to Aguila Street.
Kimmick Drive; also platted as 81st Street (Units 18, 22, & 26) - Unser Blvd. to 325' East of Camino de Paz and Rosa Parks Rd to Paseo del Norte.
Metro Lane (frontage; Unit 18) - from Sujeto Road (to be platted) to Kimmick Drive.
Papagayo Road (Units 18 & 22) - Compass Drive to Camino Alderete to end the street.
Pato Road (Unit 18) - Papagayo Road to Urraca Street.
Petirrojo Road (Units 18 & 22) - Compass Drive to Camino Alderete.
Picardia Place (Units 18 & 22) - Petirrojo Road to Petirrojo Road.
Rainbow Boulevard - Unser Boulevard to 900' northwest of Universe Boulevard.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Scenic Road - Rainbow Boulevard to 250' southwest of Rainbow Boulevard.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Universe Boulevard - Rainbow Boulevard to 450' northeast of Rainbow Boulevard.
Rio Aguilar Street (Units 18 & 19) - Papagayo Road to south of Azor Lane.
Rosa Parks Road (Units 26 & 27) - 300' West of Calle Plata to Kimmick Drive.
Sujeto Road (Unit 18) - Unser Blvd. to Aguila Street.
Urraca Street (Units 18-22) - Kimmick Drive to Camino del Oeste.
Valiente Road (Units 26 & 27) - Kimmick Drive to Calle Nortena.
Vista del Prado (Unit 19) - Azor Lane to Urraca Street.
Vista del Prado Court (Unit 19) - Vista del Prado to a cul-de-sac ending the street.
ALL IN THE CITY OF ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO.
II. Except as more particularly shown on the plans in the office of the City Clerk, the Improvements substantially shall consist of and include the following:
A. The Street Improvements shall include excavation, embankment and paving consisting of compacted subgrade, base course, and asphalt-concrete surface; drainage structures; concrete curbs, gutters and sidewalks, street lighting, street signals and necessary conduits and/or crossings for future private utility extensions. The curb and gutters shall be adjacent to the edge of the pavement. The Storm Drainage Improvements shall include excavation, grading, trenching, removal and replacement of any obstacles, pipe laying; box culverts, head walls, manholes, backfilling, rip-rap, concrete-lined channels, concrete aprons, and concrete run down. All storm drain pipe shall be reinforced concrete. All Storm Drainage Improvements shall be located within the street right-of-way or drainage right-of-way.
B. The Sanitary Sewer Improvements shall include excavation, trenching, pipe-laying, and backfilling; removal and replacement of any paving and other obstacles; collection lines shall be polyvinyl chloride pipe, or where necessary, ductile iron pipe; manholes shall be located in street intersection or as required pump station and force main. Main stubs shall be provided at locations where future intersections or extensions are anticipated. Collection lines shall generally be located along the centerline of the rights-of-way. Service stubs shall be 4-inch diameter cast iron soil pipe for residential services.
C. The Water Improvements shall include excavation, trenching, pipe-laying, valves, pump station, pressure reducing valves, fire hydrants, and backfilling; removal and replacement of any paving and other obstacles; distribution lines; service lines shall be installed per current design standards.
D. The Dry Utility Improvements shall include the trenching and backfill by the SAD Contractor, and the furnishing and installing of the utility lines and appurtenances by the utility companies.
III. The estimated total construction and installation cost of the Improvements, including engineering, legal, financing, and all necessary and incidental expenses is $25,500,000 of which it is estimated that $-0 - will be defrayed from sources other than special assessments, and $25,500,000 will be assessed against those tracts or parcels of land in the District as hereinafter provided. For assessments based on a front foot basis, the amount of frontage of any particular tract or parcel of land specifically benefited by the Improvements will be computed by determining the distance along the boundaries of such tract or parcel which abut any street, right-of-way, easement, or any combination thereof, in which and through which a particular improvement is placed, and the amount to be assessed will be apportioned to each such tract or parcel in proportion to the amount of footage of all benefited tracts or parcels. For assessments based on a service unit basis, an equal share of the amount to be assessed will be apportioned to each of the parcels specifically benefited by the Improvements. For assessments based on an area basis, the amount of area of any tract or parcel of land specifically benefited by the Improvement will be computed by determining the acreage of such tract or parcel and the amount to be assessed will be apportioned to each such tract or parcel in proportion to the total amount of area of all the benefited tracts or parcels. For assessments based on a contribution basis, the amount of contribution of any tract or parcel of land specifically benefited by the Improvements will be determined from master plans, management plans, or engineering analysis, and the amount to be asessed will be apportioned to each such tract or parcel in proportion to the amount of contribution of each such tract or parcel to the total amount of contribution of all benefited tracts or parcels. The estimated cost to be assessed and the basis of assessment for each type of improvement is as follows:
A. For Street Improvements and Storm Drainage Improvements, the estimated total assessments are $13,850,000. The assessments for street and intersection improvements will be levied either on a front foot, area, or service unit basis against those tracts or parcels of land in the District that abut the streets being improved and also assessed against the tracts of land in the District that are specifically benefited by the street and intersection improvements. For Storm Drainage Improvements, assessments will be levied against those tracts or parcels of land situated wholly or partially within the drainage basins in which and through which the Storm Drainage Improvements and Street Improvements are being placed and also assessed against the tracts of land in the District that are specifically benefited by the storm drain system improvements. Assessments will be levied equally against each tract or parcel of land on a contribution, area, front foot, or service unit basis to each of those tracts or parcels of land contributing to the total basin flow and for the flood protection received by and the elimination of potential flooding of the access to each tract or parcel of land due to the construction of the Storm Drainage Improvements and Street Improvements and the diversion of drainage flow by the platted street system.
B. For Water Improvements, the estimated total assessments are $5,950,000. The assessments will be levied on a front foot, area, or service unit basis against those tracts or parcels of land abutting the streets, rights-of-way, or easements in which and through which the Water Improvements shall be placed and also assessed against the tracts of land in the District that are specifically benefited by the availability of service.
C. For Sanitary Sewer Improvements, the estimated total assessments are $4,100,000. The assessments will be levied on a front foot, area, or service unit basis against those tracts or parcels of land abutting the streets, rights-of-way, or easements in which and through which the Sanitary Sewer Improvements shall be placed and also assessed against the tracts of land in the District that are specifically benefited by the availability of service. Therefore
D. For Dry Utility Improvements, the estimated total assessments are $1,600,000. Assessments will be levied on a front foot, area, or service unit basis against those tracts or parcels of land abutting the streets, rights-of-way, or easements in which and through which the Dry Utility Improvements shall be placed and also assessed against the tracts of land in the District that are specifically benefited by the availability of service.
IV. The methods of levying the assessments set forth in Paragraph A through D of this section have heretofore and hereby are determined by the Council to be equitable and proportionate to the benefits received. An equitable adjustment will be made for the assessments levied against any irregular lots or lands and made for any tract or parcel not specifically benefited by any of the Improvements, so that assessments according to benefits are equal and uniform.
V. All persons interested are hereby advised that the preliminary plans showing typical sections of the type of materials to be used, the approximate thickness and width of the material for the contemplated Street Improvements, the type of materials to be used and the diameter of any trunk lines, mains, laterals, or service connections for the contemplated Water Improvements, Sanitary Sewer Improvements, and Storm Drainage Improvements; size and location of electrical utility lines and natural gas utility lines; and a general description of other major components of the Improvements; an assessment plat and addendum showing the area and the description of the property to be assessed and the total maximum benefit estimated to accrue to those tracts or parcels of land in the District, said estimate of benefits being computed on the basis set forth herein; and an estimate of the total cost of constructing each of the Improvements, said estimate being made in a lump sum or by unit prices including, without limiting the generality of the foregoing, the advertising, appraising, financing, engineering, legal, and any such expenses as in the judgment of Wilson & Company, Inc. (the "Engineers"), professional engineers duly licensed under the laws of the State of New Mexico, are necessary for the completion of construction of the Improvements and the payment of the costs thereof, are on file in the office of the City Clerk and may be inspected by any property owner or any other interested person during regular office hours. Any interested person may also ascertain in the office of the City Clerk a description of the property to be assessed and the maximum amount of benefit estimated to be conferred on those tracts or parcels of land. Reference is hereby made to such for further detail.
VII. On Wednesday, the 5th day of October, 2011, at 5:00 p.m., Albuquerque time, at the Council Chambers in the City/County Government Center, One Civic Plaza, NW, in the City of Albuquerque, New Mexico, the owners of the property to be assessed or any other persons interested therein may file a written protest or objection and may appear before the Council and be heard as to the advisability of making the Improvements, as to the estimated costs thereof, as to the manner of payment therefor, and as to the estimated maximum benefit to each individual tract or parcel of land. Any person desiring to appear before the Council and be heard, shall be asked to register with the Clerk of the Council prior to consideration of matters pertaining to such hearing.
Although any property owner or interested person may make a written protest or objection during such hearing, the City Clerk requests that any property owner or interested person wishing to make protest or objection, make such protest or objection in writing at the office of the City Clerk before the time set forth for such hearing. Any person filing a written protest or objection, as aforesaid, shall have the right within thirty days after the City Council has concluded the hearing, has determined the advisability of constructing the Improvements, has determined the type and character of the Improvements, and has created the District, to appeal the determination of the City Council pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
VIII After such hearing, the Council shall determine the advisability of constructing the Improvements. If the Council determines that constructing the Improvements is advisable, the Council shall create the District and shall proceed to advertise for bids for the doing of the work therefore and shall enter into a contract with the responsible bidder making the lowest bid for the doing of such work and the furnishing of all necessary materials, all in accordance with Sections 3-33-1 through 3-33-43 NMSA 1978, as amended and supplemented.
By the order of the City Council of the City of Albuquerque, New Mexico, dated this _______ day of________________ , 2011.
____________________________________
Amy Bailey, City Clerk
(END OF FORM OF NOTICE)
Section 8. If any section, paragraph, clause, or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution.
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