City of Albuquerque
File #: R-20-51   
Type: Resolution Status: Enacted
File created: 5/18/2020 In control: City Council
Final action: 6/1/2020
Enactment date: 6/9/2020 Enactment #: R-2020-054
Title: 3 Approving The First Amendment To The Resolution Approving The Formation Of Winrock Town Center Tax Increment Development Districts 1 And 2 (The "Districts"), Pursuant To The Tax Increment For Development Act, Sections 5-15-1 Through 5- 15-29 NMSA 1978, As Amended By Senate Bill 566 Of The First Session Of The Fifty Fourth Legislature (Collectively, The "TIDD Act"); Approving The Amended And Restated Development Agreement By And Among The City Of Albuquerque, New Mexico, Winrock Partners, LLC, And The Districts, Pursuant To The TIDD Act; Consenting To The Second Amendment To Tax Increment Development Plan Ratified In Connection With The Formation Of Districts, Pursuant To The TIDD Act; Ratifying Certain Actions Heretofore Taken; And Repealing All Actions Inconsistent With This Resolution (Gibson) 4
Attachments: 1. R-51, 2. R-51Enacted.pdf
Date Action ByActionResultAction Details
6/9/2020 City Clerk Published  Action details
6/8/2020 Mayor Signed by the Mayor  Action details
6/3/2020 City Council Sent to Mayor for Signature  Action details
6/1/2020 City Council PassedPass Action details
5/18/2020 City Council Introduced  Action details
5/18/2020 President To be heard at the Council Meeting  Action details

CITY of ALBUQUERQUE

TWENTY FOURTH COUNCIL

 

COUNCIL BILL NO.           R-20-51              ENACTMENT NO.                                                                

 

SPONSORED BY:                                          Diane G. Gibson

 

 

1                     RESOLUTION

2                     title

3                     Approving The First Amendment To The Resolution Approving The Formation Of Winrock Town Center Tax Increment Development Districts 1 And 2 (The Districts), Pursuant To The Tax Increment For Development Act, Sections 5-15-1 Through 5- 15-29 NMSA 1978, As Amended By Senate Bill 566 Of The First Session Of The Fifty Fourth Legislature (Collectively, The TIDD Act); Approving The Amended And Restated Development Agreement By And Among The City Of Albuquerque, New Mexico, Winrock Partners, LLC, And The Districts, Pursuant To The TIDD Act; Consenting To The Second Amendment To Tax Increment Development Plan Ratified In Connection With The Formation Of Districts, Pursuant To The TIDD Act; Ratifying Certain Actions Heretofore Taken; And Repealing All Actions Inconsistent With This Resolution (Gibson)

4                     body

5                     APPROVING THE FIRST AMENDMENT TO THE RESOLUTION APPROVING

6                     THE FORMATION OF WINROCK TOWN CENTER TAX INCREMENT

7                     DEVELOPMENT DISTRICTS 1 AND 2 (THE “DISTRICTS”), PURSUANT TO THE

8                     TAX INCREMENT FOR DEVELOPMENT ACT, SECTIONS 5-15-1 THROUGH 5-

9                     15-29 NMSA 1978, AS AMENDED BY SENATE BILL 566 OF THE FIRST

10                     SESSION OF THE FIFTY FOURTH LEGISLATURE (COLLECTIVELY, THE “TIDD

11                     ACT”); APPROVING THE AMENDED AND RESTATED DEVELOPMENT

12                     AGREEMENT BY AND AMONG THE CITY OF ALBUQUERQUE, NEW MEXICO,

13                     WINROCK PARTNERS, LLC, AND THE DISTRICTS, PURSUANT TO THE TIDD

14                     ACT; CONSENTING TO THE SECOND AMENDMENT TO TAX INCREMENT

15                     DEVELOPMENT PLAN RATIFIED IN CONNECTION WITH THE FORMATION OF

16                     DISTRICTS, PURSUANT TO THE TIDD ACT; RATIFYING CERTAIN ACTIONS

17                     HERETOFORE TAKEN; AND REPEALING ALL ACTIONS INCONSISTENT WITH

18                     THIS RESOLUTION.

19                     WHEREAS, on October 6, 2008, the City of Albuquerque, New Mexico (the

20                     “City”) adopted Resolution Enactment No. R-2008-120 (the “Formation

21                     Resolution”), approving the formation of Winrock Town Center Tax Increment

22                     Development Districts 1 and 2 (the “Districts”) and ratifying and approving

23                     that in accordance with the Tax Increment for Development Act, NMSA 1978,

24                     §§ 5-15-1 to -29, as amended (the “TIDD Act”); and

25                     WHEREAS, the Formation Resolution ratifies and approves that certain Tax

26                     Increment Development Plan (the “TIDD Plan”) relating to the development of

27                     the Districts pursuant to the TIDD Act; and

28                     WHEREAS, on January 5, 2009, the City adopted Resolution Enactment No.

29                     R-2009-005 approving a form of Master Development Agreement for

1                     Implementation of the Winrock Town Center Tax Increment Development

2                     Districts 1 and 2, among the City, Winrock Partners, LLC, a Delaware limited

3                     liability company (the “Developer”) and the Districts, (the “Development

4                     Agreement”); and

5                     WHEREAS, on March 16, 2015, the City adopted Resolution Enactment No.

6                     R-2015-027 approving certain amendments to the Master Development

7                     Agreement and TIDD Plan; and

8                     WHEREAS, Senate Bill 566 of the First Session of the Fifty Fourth

9                     Legislature (“Senate Bill 566”) amended the TIDD Act to, among other things,

10                     clarify that property tax increment revenue and municipal and county gross

11                     receipts tax increment revenue may be used by tax increment for development

12                     districts to finance and/or reimburse the costs of public infrastructure

13                     improvements in tax increment development districts without the issuance of

14                     bonds; and

15                     WHEREAS, the City Council desires to amend the Formation Resolution

16                     and Development Agreement, and to consent to an amendment to the TIDD

17                     Plan, each pursuant to this Resolution, as necessary to implement the

18                     provisions of the TIDD Act, as amended by Senate Bill 566; and

19                     WHEREAS, the City Council finds that this Resolution promotes the

20                     interests, convenience or necessity of the owners and residents of the

21                     Districts and citizens of the City.

22                     BE IT RESOLVED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE

23                     CITY OF ALBUQUERQUE:

24                     SECTION 1. DISTRICT DOCUMENT AMENDMENTS. In order to permit the

25                     use of property tax increment revenue and City gross receipts tax increment

26                     revenue by the Districts to finance and/or reimburse the costs of on site and

27                     off site public infrastructure improvements without the issuance of bonds in

28                     accordance with the TIDD Act as amended by Senate Bill 566, the Formation

29                     Resolution, Development Agreement and TIDD Plan must be amended.

30                     SECTION 2. FIRST AMENDMENT TO THE FORMATION RESOLUTION. The

31                     definition of the term “TIDD Infrastructure Improvements” contained in the

32                     Formation Resolution,

1                     “TIDD Infrastructure Improvements” means the public infrastructure

2                     improvements to be financed with proceeds of TIDD Bonds as described

3                     and in the approximate locations shown in the Tax Increment Development

4                     Plan.

5                     is hereby deleted and replaced in its entirety with the following:

6                     “TIDD Infrastructure Improvements” means the public infrastructure

7                     improvements to be financed with proceeds of TIDD Bonds or other tax

8                     increment revenues as authorized by the TIDD Act, as described and in the

9                     approximate locations shown the Tax Increment Development Plan.

10                     Except as provided in this Resolution, all terms and provisions of the

11                     Formation Resolution shall remain unchanged and in full force and effect. The

12                     Formation Resolution as modified and amended is hereby ratified and

13                     confirmed in all respects. From and after the date hereof, all references to the

14                     Formation Resolution shall be deemed references to the Formation Resolution

15                     as amended hereby.

16                     SECTION 3. AMENDED AND RESTATED DEVELOPMENT AGREEMENT.

17                     The City hereby approves the Amended and Restated Development

18                     Agreement, in substantially the form attached hereto as Exhibit A. From and

19                     after the date hereof, all references to the Development Agreement shall be

20                     deemed references thereto as amended and restated hereby.

21                     SECTION 4. SECOND AMENDMENT TO THE TIDD PLAN. The City hereby

22                     consents to the Second Amendment to the TIDD Plan, in substantially the form

23                     attached hereto as Exhibit B. Except as provided in the Second Amendment to

24                     the TIDD Plan, all terms and provisions of the TIDD Plan shall remain

25                     unchanged and in full force and effect. The City’s consent to the TIDD Plan as

26                     modified and amended is hereby ratified and confirmed in all respects. From

27                     and after the date hereof, all references to the TIDD Plan shall be deemed

28                     references thereto as amended hereby.

29                     SECTION 5. PRIOR CONSISTENT ACTIONS RATIFIED; INCONSISTENT

30                     ACTIONS REPEALED. All prior actions of the City or its officers taken in

31                     connection with the matters addressed in this Resolution are ratified, except

32                     to the extent that such actions are inconsistent with the matters authorized in

1                     this Resolution. Prior actions of the City in conflict with this Resolution are

2                     hereby repealed, but only to the extent of such inconsistency.

3                     SECTION 6. GENERAL AUTHORIZATION. The Chief Administrative Officer

4                     of the City or his/her designee are hereby authorized and directed to execute the

5                     Amended and Restated Development Agreement and take all action necessary

6                     to carry out the amendment to the Formation Resolution, and the consent to

7                     the Second Amendment to TIDD Plan, and to perform such obligations of the

8                     City and such other actions as, in consultation with Counsel to the District and

9                     advisors to the City in connection with the First Amendment to the Formation

10                     Resolution, the Amended and Restated Development Agreement or Second

11                     Amendment to the TIDD Plan, shall be necessary or advisable in connection

12                     with this Resolution. 13

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