CITY of ALBUQUERQUE
TWENTY THIRD COUNCIL
COUNCIL BILL NO. R-19-164 ENACTMENT NO. _____________________
SPONSORED BY: Ken Sanchez, by request
RESOLUTION
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Concerning A Bond Election To Be Held In The City Of Albuquerque At The Next Regular Local Election On November 5, 2019; Submitting To A Vote Of The Qualified Electors At Such Regular Local Election Certain Questions For Authorizing The Issuance Of General Obligation Bonds In Varying Principal Amounts And For Specified Public Purposes And, Providing The Form Of The Bond Questions And The Designation Clause For Such Questions On The Ballot; Prescribing Other Details In Connection With Such Bond Election And Bonds; And Ratifying Action Previously Taken In Connection Therewith (Sanchez, by request)
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CONCERNING A BOND ELECTION TO BE HELD IN THE CITY OF ALBUQUERQUE AT THE NEXT REGULAR LOCAL ELECTION ON NOVEMBER 5, 2019; SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS AT SUCH REGULAR LOCAL ELECTION CERTAIN QUESTIONS FOR AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS IN VARYING PRINCIPAL AMOUNTS AND FOR SPECIFIED PUBLIC PURPOSES AND, PROVIDING THE FORM OF THE BOND QUESTIONS AND THE DESIGNATION CLAUSE FOR SUCH QUESTIONS ON THE BALLOT; PRESCRIBING OTHER DETAILS IN CONNECTION WITH SUCH BOND ELECTION AND BONDS; AND RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH.
WHEREAS, the City Council (the “Council”) of the City of Albuquerque (the “City”) in the County of Bernalillo and State of New Mexico, hereby determines that it is necessary and in the best interests of the City and its inhabitants to issue general obligation bonds in the principal amounts and for the purposes provided herein; and
WHEREAS, the Council has the power to submit questions of issuing general obligations bonds to the qualified electorate of the City pursuant to applicable laws of the State of New Mexico, the City Charter and the City’s home rule power pursuant to Article X, Section 6 of the New Mexico Constitution; and
WHEREAS, certain of the projects approved by the Council in the 2019 Capital Improvements Program to be funded by the proceeds of general obligation bonds have been re-grouped for the purposes of the ballot faces; and
WHEREAS, the Council hereby determines and declares that all of the projects (the “Projects”) for which the questions of issuing the City’s general obligation bonds (the "Bond Election Questions") are set forth herein are or will be for public purposes; and
WHEREAS, a regular local election is scheduled to be held in the City of Albuquerque on Tuesday, the 5th day of November, 2019, and shall include the Bond Election Questions.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1: All action, not inconsistent with the provisions of this Resolution, heretofore taken by the Council and the officers of the City, directed toward the Bond Election Questions and the Projects described or referred to in the Bond Election Questions, including, without limiting the generality of the foregoing, the calling and holding of an election to authorize the issuance of the general obligation bonds (the “Bonds”) to finance the Projects, be, and the same hereby is, ratified, approved and confirmed. Funding for projects identified within one GO Bond purpose may be reallocated to another project within the same purpose, provided that any such reallocation is approved by appropriate legislation.
Section 2: At the next regular local election to be held in the City on November 5, 2019 (such regular local election being sometimes referred to herein as the "Election"), there shall be submitted to the City’s qualified electors the Bond Election Questions set forth in Section 5 hereof.
Section 3: The City’s qualified electors are eligible to vote on candidates, questions and Bond Election Questions being submitted at the Election.
Section 4: All persons desiring to vote for any candidate or on any questions being submitted at the Election must be registered to vote. Any person who is otherwise qualified to vote and who is not currently registered to vote may register at the office of the Bernalillo County Clerk, 6th Floor, One Civic Plaza, Albuquerque, New Mexico, or at the office of any duly appointed deputy registration officer on or before 5:00 p.m., on the twenty-eighth day immediately preceding the election.
Section 5: This Resolution and the Bond Election Questions shall be submitted Bernalillo County Clerk to conduct the Election in accordance with the Local Election Act, Section 1-22-1 through -20, NMSA 1978, as amended. The Bond Election Questions shall be in substantially the following form:
1. FOR
GENERAL OBLIGATION
PUBLIC SAFETY
BONDS
AGAINST
Shall the City of Albuquerque issue $8,590,000 of its general obligation bonds to plan, design, develop, study, construct, modernize, automate, renovate, rehabilitate, recondition, landscape, furnish, enhance and otherwise improve, and to acquire land, buildings, property, vehicles, apparatus, and equipment for, police and fire department facilities? This will not increase the tax rate.
2. FOR
GENERAL OBLIGATION SENIOR,
FAMILY, COMMUNITY CENTER, THE HOMELESS,
AND COMMUNITY ENHANCEMENT
BONDS
AGAINST
Shall the City of Albuquerque issue $21,705,000 of its general obligation bonds to plan, design, develop, construct, demolish, equip, reconstruct, renovate, rehabilitate, expand, repair, study, landscape, streetscape, enhance and otherwise improve, and to acquire property for, city-owned community centers including those for families, youth, senior citizens, the homeless, and for other community enhancement projects? This will not increase the tax rate.
3. FOR
GENERAL OBLIGATION
PARKS AND RECREATION
BONDS
AGAINST
Shall the City of Albuquerque issue $16,830,000 of its general obligation bonds to study, map, plan, design, develop, construct, rehabilitate, renovate, expand, furnish, equip, enhance and otherwise improve, and to acquire property, vehicles and equipment for park and recreational facilities, including public parks and facilities within those parks, swimming pools, tennis courts, sports fields, other recreational facilities, open space, medians, bikeways, bosque lands, and trails? This will not increase the tax rate.
4. FOR
GENERAL OBLIGATION ENERGY AND WATER
CONSERVATION, PUBLIC FACILITIES, AND
SYSTEM MODERNIZATION BONDS
AGAINST
Shall the City of Albuquerque issue $10,420,000 of its general obligation bonds to modernize, make energy and/or water-efficient, upgrade, equip, improve, acquire, plan, design, survey, develop, construct, rehabilitate, renovate, expand, furnish, enhance and otherwise improve, and to acquire property, vehicles and equipment for, public buildings, facilities, and systems? This will not increase the tax rate.
5. FOR
GENERAL OBLIGATION
LIBRARY BONDS
AGAINST
Shall the City of Albuquerque issue $8,765,000 of its general obligation bonds to acquire property, study, plan, design, develop, construct, reconstruct, renovate, rehabilitate, modernize, preserve, automate, upgrade, landscape and otherwise improve, and to acquire books, media, and equipment for, public libraries? This will not increase the tax rate.
6. FOR
GENERAL OBLIGATION
STREET BONDS
AGAINST
Shall the City of Albuquerque issue $32,930,000 of its general obligation bonds to study, plan, design, develop, construct, reconstruct, rehabilitate, renovate, automate, modernize, sign, enhance, landscape and otherwise improve, and to acquire property and equipment for municipal streets and roads, interstate roadways and interchanges, medians, trails, bikeways, walkways, sidewalks, railroad crossings, and bridges? This will not increase the tax rate.
7. FOR
GENERAL OBLIGATION
PUBLIC TRANSPORTATION BONDS
AGAINST
Shall the City of Albuquerque issue $3,130,000 of its general obligation bonds to plan, design, develop, construct, rehabilitate, renovate, expand, recondition, modernize, automate, study, furnish, enhance and otherwise improve, and to acquire property, vehicles, and equipment for public transportation facilities? This will not increase the tax rate.
8. FOR
GENERAL OBLIGATION
STORM SEWER SYSTEM BONDS
AGAINST
Shall the City of Albuquerque issue $11,210,000 of its general obligation bonds to plan, design, develop, construct, reconstruct, rehabilitate, renovate, expand, extend, enhance, study, monitor and otherwise improve, and to acquire property and equipment for the storm sewer system? This will not increase the tax rate.
9. FOR
GENERAL OBLIGATION MUSEUM AND
CULTURAL FACILITIES BONDS
AGAINST
Shall the City of Albuquerque issue $1,790,000 of its general obligation bonds to study, plan, design, develop, construct, reconstruct, rehabilitate, renovate, repair, refurbish, modernize, preserve, maintain, expand, enhance, landscape and otherwise improve, and to acquire artifacts, exhibits, furnishings and equipment for City-owned museums and cultural facilities? This will not increase the tax rate.
10. FOR
GENERAL OBLIGATION
AFFORDABLE HOUSING BONDS
AGAINST
Shall the City of Albuquerque issue $5,050,000 of its general obligation bonds in support of the Workforce Housing Act to provide resources for the construction and rehabilitation of high quality, permanently affordable housing for low to moderate working families, including affordable senior rental? This will not increase the tax rate.
11. FOR
GENERAL OBLIGATION METROPOLITAN
REDEVELOPMENT BONDS
AGAINST
Shall the City of Albuquerque issue $8,080,000 of its general obligation bonds to plan, design, study, construct, develop, demolish, reconstruct, rehabilitate, renovate, modernize, preserve, secure, expand, equip, landscape, streetscape, repair, enhance, acquire or otherwise improve non-right of way and right of way land, property, facilities or infrastructure owned by the City of Albuquerque for Metropolitan Redevelopment Projects within adopted Metropolitan Redevelopment Areas in order to implement the objectives of the New Mexico Metropolitan Redevelopment Code? This will not increase the tax rate.
Section 6: The election on the Bond Election Questions shall be held and conducted in accordance with the Election Code and the Bond Election Act.
Section 7: The Bond Election Resolution shall be published in the English and Spanish languages at least once a week for four consecutive weeks by four insertions, the first insertion being published between fifty (50) and sixty (60) days before the day of the Election in a newspaper or newspapers which are of general circulation in the City and which otherwise qualify as legal newspapers in the City. Section 8: For further information concerning this election, consult the Office of the County Clerk, 6th Floor, One Civic Plaza, Albuquerque, New Mexico.
Section 9: The officers of the City be and they hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution.
Section 10: If any section, paragraph, clause, or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provisions shall not affect any 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.
Section 11: All resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or ordinance, or parts thereof, heretofore repealed.
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