CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL
COUNCIL BILL NO. R-22-52 ENACTMENT NO. ______________________
SPONSORED BY: Pat Davis
RESOLUTION
title
Approving The Appointment Of A Director To Fill A Vacancy On The Governing Body Of The Mesa Del Sol Public Improvement District 1 And To Fill A Vacancy On The Governing Body Of Mesa Del Sol Public Improvement District 2 Through 5 Caused By The Resignation Of A Certain Director, Pursuant To The Public Improvement District Act, NMSA 1978, Sections 5-11-1 Through 27, As Amended, And City Enactment No. O-2003-012; And City Enactment No R-2008-045; And Repealing All Actions Inconsistent With This Resolution (Davis)
body
APPROVING THE APPOINTMENT OF A DIRECTOR TO FILL A VACANCY ON THE GOVERNING BODY OF THE MESA DEL SOL PUBLIC IMPROVEMENT DISTRICT 1 AND TO FILL A VACANCY ON THE GOVERNING BODY OF MESA DEL SOL PUBLIC IMPROVEMENT DISTRICT 2 THROUGH 5 CAUSED BY THE RESIGNATION OF A CERTAIN DIRECTOR, PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ACT, NMSA 1978, SECTIONS 5-11-1 THROUGH 27, AS AMENDED, AND CITY ENACTMENT NO. O-2003-012; AND CITY ENACTMENT NO R-2008-045; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS RESOLUTION.
Capitalized terms used herein shall have the meanings assigned in City Enactment No. R-2008-045, adopted on March 4, 2008 as amended by City Enactment No. R-2012-089, adopted on September 17, 2012 (collectively, the “Formation Resolution”), except as otherwise defined in this Resolution, or unless the context clearly requires otherwise.
WHEREAS, Section 5-11-9(A) of the Act, the Council is empowered to appoint a director to fill a vacancy on the Governing Bodies of the Districts 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, Ernest L. Jenkins has resigned from the Governing Bodies of the Districts; and
WHEREAS, Dave Mills, a constituent of the Districts, has volunteered to serve on the Governing Bodies of the Districts.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Appointments to the Governing Bodies of the Districts. Pursuant to Section 5-11-9(A) of the Act, the Council hereby appoints Dave Mills to replace Ernest L. Jenkins as a member of the Government Bodies of the Districts.
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.
X:\CL\SHARE\CL-Staff\_Legislative Staff\Legislation\25 Council\R-52final.docx