CITY OF ALBUQUERQUE
TWENTY FIFTH COUNCIL
COUNCIL BILL NO. R-22-48 ENACTMENT NO. ________________________
SPONSORED BY: Dan Lewis
RESOLUTION
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Approving The Appointment Of Director To Fill Vacancies On The Governing Body Of The Montecito Estates Public Improvement District, Caused By The Lack Declaration Of Candidates To Serve On The Board In The Local Election, Pursuant To The Public Improvement District Act, NMSA 1978, §§ 5-11-1 To -27 (2013, As Amended) And City Ordinance Enactment No. 0-2003-12, Council Bill No. FS O-03-84; And Repealing All Actions Inconsistent With This Resolution (Lewis)
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APPROVING THE APPOINTMENT OF DIRECTOR TO FILL VACANCIES ON THE GOVERNING BODY OF THE MONTECITO ESTATES PUBLIC IMPROVEMENT DISTRICT, CAUSED BY THE LACK DECLARATION OF CANDIDATES TO SERVE ON THE BOARD IN THE LOCAL ELECTION, PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ACT, NMSA 1978, §§ 5-11-1 TO -27 (2013, AS AMENDED) AND CITY ORDINANCE ENACTMENT NO. 0-2003-12, COUNCIL BILL NO. FS O-03-84; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS RESOLUTION.
Capitalized terms used herein shall have the meanings assigned in City Resolution Enactment No. R-2007-081 (the “District Formation Resolution”), except as otherwise defined in this Resolution, or unless the context clearly requires otherwise.
WHEREAS, the five District Board positions expired in 2021; and
WHEREAS, pursuant to the Local Election Act, the Board notified Bernalillo County of the positions to be filled in the local election; and
WHEREAS, no qualified candidates submitted a declaration of candidacy for the vacant positions; and
WHEREAS, pursuant to § 5-11-9(A) of the Act, the Council is empowered to appoint a director to fill the vacancy on the Governing Body of the District, which appointee shall hold office for the remainder of the unexpired term until a successor is appointed or elected; and
WHEREAS, the Board has recruited a combination of existing Board members, other City employees with financial, planning, and/or infrastructure experience, and a local neighborhood representative to comprise the Board by appointment of City Council.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Appointment to the Governing Body of the District.
A. Pursuant to § 5-11-9(A) of the Act, the Council hereby appoints Tom Menicucci and Jesse Muñiz as members of the Governing Body of the District, for the unexpired terms of four years, which commenced January 1, 2022, or until their successors are appointed or elected. Pursuant to § 5-11-9(A) of the Act, the Council hereby appoints Lawrence Davis, Mikaela Renz-Whitemore, and Robin Mitchell as members of the Governing Body of the District, for the unexpired terms of six years, which commenced January 1, 2022, or until their successors are appointed or elected.
Section 2. Repealer. All ordinances or resolutions, or parts thereof in conflict with the provisions of this Resolution, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed.
Section 3. Severability. 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 provision shall in no manner affect any remaining provisions of this Resolution.
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