City of Albuquerque - File #: R-11-306

File #:

R-11-306

Type:

Resolution

Status:

Enacted and Published

File created:

11/7/2011

In control:

City Council

Final action:

12/19/2011

Enactment date:

1/10/2012

Enactment #:

R-2011-135

Title:

Relating To The Proposed Albuquerque, New Mexico Special Assessment District No. 228, Determining The Advisability Of Constructing, And The Type And Character Of, Certain Streets And Associated Storm Drainage Improvements, Sanitary Sewer Improvements, Water Improvements, And Dry Utility Improvements Therein And Directing The City Clerk To Call For Sealed Bids On Such Improvements (Lewis, by request)

Sponsors:

Dan Lewis (By Request)

Attachments:

1. R-306.pdf, 2. R-306final.pdf, 3. R-306Enacted.pdf

Date	Action By	Action	Result	Action Details
1/10/2012	City Clerk	Published		Action details
1/6/2012	Mayor	Signed by the Mayor		Action details
12/29/2011	City Council	Sent to Mayor for Signature		Action details
12/19/2011	City Council	Do Pass	Pass	Action details
11/21/2011	City Council	Accepted with a Recommendation Do Pass		Action details
11/14/2011	Finance & Government Operations Committee	Sent to Council with a recommendation of Do Pass	Pass	Action details
11/7/2011	City Council	Introduced and Referred		Action details
11/7/2011	President	Referred		Action details

CITY of ALBUQUERQUE

NINETEENTH COUNCIL

COUNCIL BILL NO. R-11-306 ENACTMENT NO. ________________________

SPONSORED BY: Dan Lewis, by request

RESOLUTION

RELATING TO THE PROPOSED ALBUQUERQUE, NEW MEXICO SPECIAL ASSESSMENT DISTRICT NO. 228, DETERMINING THE ADVISABILITY OF CONSTRUCTING, AND THE TYPE AND CHARACTER OF, CERTAIN STREETS AND ASSOCIATED STORM DRAINAGE IMPROVEMENTS, SANITARY SEWER IMPROVEMENTS, WATER IMPROVEMENTS, AND DRY UTILITY IMPROVEMENTS THEREIN AND DIRECTING THE CITY CLERK TO CALL FOR SEALED BIDS ON SUCH IMPROVEMENTS.

WHEREAS, by Resolution No. R-11-243, Enactment No. R-2011-083, adopted and approved on September 7, 2011 (the "Resolution"), the City Council (the "Council") of the City of Albuquerque (the "City"), in the County of Bernalillo and State of New Mexico, provisionally ordered the grading, paving, draining, and otherwise completing of certain streets and parts thereof (the "Street Improvements"), grading, constructing, installing, and otherwise providing certain storm drainage improvements (the "Storm Drainage Improvements"), constructing, installing, and otherwise improving of certain sanitary sewer lines (the "Sanitary Sewer Improvements"), water lines (the "Water Improvements"), and dry utilities (the "Dry Utility Improvements") in the proposed district, (collectively, the "Improvements"), all pursuant to and in conformity with Section 3-33-1 through 3-33-43, NMSA, 1978, as amended and supplemented; and

WHEREAS, the Council is of the opinion that, in the general interest of the City and 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 area provisionally ordered to be improved by the Resolution and the benefited property to be assessed to defray the cost of the Improvements is designated "Albuquerque, New Mexico, Special Assessment District No. 228" (the "District"); and

WHEREAS, the Resolution set a time and place at which the owners of the property to be assessed, or any other interested persons, could appear before the Council and be heard as to the propriety and advisability of making the Improvements, as to the estimated cost 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, to-wit, on Wednesday, the 5th day of October, 2011, at 5:00 p.m. at the Council Chambers in the City; and

WHEREAS, in accordance with the laws of the State of New Mexico, not more than thirty days nor less than ten days before the day of the protest hearing, notice was given to the owners of property within the District; such notice being served by mailing a copy of the notice to each of such property owners at his last known address and further notice being given by publication once each week for three consecutive weeks in a newspaper which maintains an office, and is of general circulation in the City, the last publication having been at least one week prior to the day of the protest hearing; and

WHEREAS, at the protest hearing all owners of property to be assessed within the District and all interested persons so desiring were permitted to file a written protest, objection or to appear before the Council and be heard as to the propriety and advisability of making the Improvements, as to the estimated cost thereof, as to the manner of payment therefor, and as to the estimated maximum benefit to each individual tract or parcel of land within the District; and

WHEREAS, the Council has now considered such written protests and objections made at the protest hearing, as to the propriety and advisability of making the Improvements, as to the costs thereof, as to the manner of payment therefor, and as to the estimated maximum benefit to each individual tract or parcel of land within the District, and the Council finds that, except as noted in Section 2 below, the written protest and such objections made at the protest hearing are without merit and finds that the same should be overruled and denied; and

WHEREAS, the property in the 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 stayed in the process of settlement. This lawsuit can be dismissed upon the adoption of this Resolution 3 by the City Council, approval by the Mayor and attestation by the City Clerk.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

Section 1. That all action heretofore taken (not inconsistent with the provisions of this Resolution) by the City and the officers of the City directed toward the construction of the Improvements within the District and toward provisionally ordering the Improvements, be and the same hereby is ratified, approved and confirmed.

Section 2. That the Council has determined, and does hereby determine, that the protests and objections filed or otherwise made in connection with the District are without merit and that the same be, and hereby are, overruled, denied and finally passed on by the Council.

Section 3. That the Council has approved and does hereby approve the estimated maximum benefit roll (also known as the addendum to the assessment plat) filed with the City Clerk on August 5, 2011, has determined and does hereby determine that it is proper and advisable to construct the Improvements in and along all of the following streets, rights-of-way, and parts thereof, as provisionally ordered (except to the extent inconsistent herewith), and does hereby order that all of the Improvements at the following locations be constructed within the District (except where noted to the contrary) and assessments levied therefor.

PAVING AND STORM DRAINAGE IMPROVEMENTS

Agua Fria Court (Unit 22) - Papagayo Road to a cul-de-sac ending the street.

Aguila 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 81^st 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' east 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' East 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