COLFAX COUNTY RESOLUTION NO. 2001-_____
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF COLFAX COUNTY, by the authority granted to the Board by the New Mexico Constitution Common Law and Statutes and pursuant to NMSA 67-4-20:
| 1. |
It is hereby determined that all dedicated public roads totally within Taos Pines Ranch Subdivision, Colfax County, New Mexico, which roads comprise 49,317 liner feet and 98,634 front feet and hereinafter are called "streets," are within a subdivided area which has been approved by the County Commission and are outside the corporate limits of any municipality. |
| 2. |
It is hereby determined that the Taos Pines Ranch Subdivision has a prospective population density as to require extraordinary street maintenance. |
| 3. |
It is hereby determined that all streets totally within the Taos Pines Ranch Subdivision shall be maintained, in part, at the expense of the owners of the property within Taos Pines Ranch which abuts upon the streets. |
| 4. |
It is hereby determined that the expense of maintaining the streets in Taos Pines Ranch Subdivision is $58,000 in the first year of collected assessment, $50,000 in the second year of the collected assessment and $30,000 in the third, fourth and fifth years of collected assessments which sums include engineering and administrative costs for such maintenance and assessment. |
| 5. |
It is hereby determined that the proportion of expense which is to be born by the property within Taos Pines Ranch Subdivision is $58,000 for the first year of collected assessment, $50,000 for the second year of collected assessment and $30,000 for the third, fourth and fifth years of collected assessment. |
| 6. |
It is hereby determined that the charge to be assessed for each linear foot and each front foot of each street within the subdivided area would be:
First year of assessment $58,000/49,317 liner feet = $1.18 per liner foot; $58,000/98,634 front feet =$0.59 per front foot;
Second year of assessment $50,000/49,317 liner feet = $1.01 per liner foot; $50,000/98,634 front feet = $0.51 per front foot;
Third, Fourth and Fifth years of assessment $30,000/49,317 liner feet = $0.61 per liner foot; $30,000/98,634 front feet = $0.30 per front foot.
The charge to be assessed for each lineal foot of frontage of the abutting property does not exceed one-half of the average cost per lineal foot of county road maintenance for the prior fiscal year nor is it less than one-dollar ($1.00) for each assessment billing. |
| 7. |
It is hereby determined that the assessment of each parcel within Taos Pines Ranch which is comprised of 99 parcels, enumerated 1 through 98 and one unenumerated parcel, according to its proportionate share of the expense of maintaining the streets on an equitable basis, shall be calculated each year of assessment by the County Assessor on assessed valuation where each parcel bears the same percentage of total costs as the percentage that such parcel's assessed value bears to the total assessed value of the entire Taos Pines Ranch Subdivision.
|
| 8. |
It is hereby determined that the assessment as calculated by the County Assessor shall be billed and collected by the County Treasurer at the same time as property taxes. All assessment funds collected by the Treasurer shall be held in a segregated account by the Treasurer; the name of such account shall be Taos Pines Ranch Special Assessment District Fund. The Treasurer shall accept voluntary contributions, awards of grant and appropriations which may from time to time be made to the Taos Pines Ranch Special Assessment District, and deposit the same into the Taos Pines Ranch Special Assessment District Fund. Funds may be expended from the Taos Pines Ranch Special Assessment District Fund by checks drawn by the County Treasurer against collected funds only for the benefit of the streets in the Taos Pines Ranch Subdivision, including administrative and engineering costs, and only after authorization of payment of each expenditure by vote of the Board of County Commissioners, following written approval of such expenditure and recommendation of payment by the Taos Pines Ranch Road Special Assessment District Advisory Board. |
| 9. |
There is hereby created the Taos Pines Ranch Special Assessment District Advisory Board. The Taos Pines Ranch Special Assessment District Advisory Board shall have no fewer than three and no more than seven members who shall be appointed by the Board of County Commissioners, each of whom shall reside in Taos Pines Ranch Subdivision and own a fee interest in property in Taos Pines Ranch Subdivision and to the extent practicable shall be active members of any associations of property owners which may exist from time to time in Taos Pines Ranch Subdivision. The Advisory Board shall be responsible for planning and advising the county on all aspects of maintenance of the streets, including budgeting expenditures of funds, preparing specifications for requests for proposals and invitations to bid on work to be performed for use by the County Manager in accordance with the New Mexico Procurement Code, consulting with engineers, private contractors and public agencies regarding the streets, approving in writing and recommending expenditures of funds from Taos Pines Ranch Special Assessment District Fund prior to authorization of such payment by the Board of County Commissioners, and seeking additional funds, requesting appropriations, grants, and other public and private funds. The Advisory Board shall inform the Colfax County Assessor at least every three months of construction of improvements within Taos Pines Ranch and shall identify by lot number the location of such improvements. |
| 10. |
It is hereby determined that the County Assessor shall receive as an administrative fee 1% of the funds collected by assessment hereunder; such fees shall be transferred from the Taos Pines Ranch Special Assessment District Fund to the Property Valuation Fund. The County Treasurer shall receive actual costs of administration by the Treasurer up to 1% of the funds collected by assessment hereunder and County Manager shall receive actual costs of administration by the Board and the Manager, including but not limited to legal and audit fees up to 1% of funds collected by assessment hereunder; such fees shall be transferred from the Taos Pines Ranch Special Assessment District Fund to the General Fund. |
| 11. |
It is hereby determined that the assessment hereunder shall terminate after the fifth year of assessment provided that the provisions hereof regarding administration of collected funds shall continue so long as there be unexpended monies in the Taos Pines Ranch Special Assessment District Fund. Further the assessment hereunder shall terminate upon the annexation of all or part of Taos Pines Ranch into a municipality provided that the provisions here of regarding administration of collected funds shall continue so long as there be unexpended monies in the Taos Pines Ranch Special Assessment District Fund and that in the event of such annexation collected assessments shall be expended pursuant to the provisions here of but in no event shall such collected assessments be paid over to the annexing municipality. |
| PASSED, APPROVED and ADOPTED following public hearing after publication of Notice in the manner and for the time provided by law this ____ day of October, 2001. |
| |
Colfax County Board of Commissioners |
| |
Chairman
X |
| Attest: |
Commissioner
X |
County Clerk
X |
Commissioner
X |
|
|
