City of Albuquerque
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File #: R-20-43   
Type: Resolution Status: Adopted
File created: 5/4/2020 In control: City Council
Final action: 5/18/2020
Enactment date: Enactment #:
Title: Approving The Appointment Of A Director To Fill A Vacancy On The Governing Body Of The Montecito Estates Public Improvement District, Caused By The Resignation Of A Director, Pursuant To The Public Improvement District Act, NMSA 1978, ?? 5-11-1 To -27 (2009, As Amended) And City Enactments No. R-2007-081, R-2009-075, R-2012-005, And Repealing All Actions Inconsistent With This Resolution (Borrego)
Attachments: 1. R-43, 2. R-43final
CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL


COUNCIL BILL NO. R-20-43 ENACTMENT NO. ________________________

SPONSORED BY: Cynthia D. Borrego

RESOLUTION
title
Approving The Appointment Of A Director To Fill A Vacancy On The Governing Body Of The Montecito Estates Public Improvement District, Caused By The Resignation Of A Director, Pursuant To The Public Improvement District Act, NMSA 1978, ?? 5-11-1 To -27 (2009, As Amended) And City Enactments No. R-2007-081, R-2009-075, R-2012-005, And Repealing All Actions Inconsistent With This Resolution (Borrego)
body
APPROVING THE APPOINTMENT OF A DIRECTOR TO FILL A VACANCY ON THE GOVERNING BODY OF THE MONTECITO ESTATES PUBLIC IMPROVEMENT DISTRICT, CAUSED BY THE RESIGNATION OF A DIRECTOR, PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ACT, NMSA 1978, ?? 5-11-1 TO -27 (2009, AS AMENDED) AND CITY ENACTMENTS NO. R-2007-081, R-2009-075, R-2012-005, AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS RESOLUTION.
Capitalized terms used herein shall have the meanings assigned in City Enactment No. R-2007-081, adopted on June 18, 2017 (the "Formation Resolution"), except as otherwise defined in this Resolution, or unless the context clearly requires otherwise.
WHEREAS, pursuant to Section 5-11-9(A) of the Act, the Council is empowered to appoint a director to fill a vacancy on the governing body of the District because of death, resignation or inability of a director to discharge the duties of director, which appointee shall hold office for the remainder of the unexpired term until a successor is appointed or elected; and
WHEREAS, Section 6.E of the Formation Resolution, City Enactment No. R-2007-081, states that "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 appoint five then-sitting Councilors to serve as the Governing Body"; and
WHEREAS, an e...

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