At the December 10, 2019 Council meeting, the Council affirmatively decided to continue management and oversight of the BID under the existing BID Board but directed staff to present and prepare amendments to the existing BID ordinance to mandate compliance with the specific requirements set forth the New Mexico statute enabling the creation of BID Districts. Additional direction was given by councilors to include the requirement for a monthly report, individual contact with BID members by the Executive Director, and that an annual meeting with the members be held.
Changes to existing BID ordinance in the attached proposed ordinance include:
1. The entire BID Ordinance is currently contained in the Land Development Standards where it was placed when the first BID Ordinance was adopted in 2009. Other than the description of the BID District boundaries, there is no reason for the rest of the Ordinance to be located in the Land Development Standards which are not in the City Code published by American Legal Publishers. Therefore, the substantive portions of the Ordinance are being relocated to Title III, Chapter 2 of the City Code which is where other taxes and the GRIP ordinance are located.
2. Adds a new section (3-2F-2) that incorporates the language in the state statute outlining the purposes of the state statute.
3. Adds a new section (3-2F-3) that incorporates definitions from the state statute.
4. Lowers the number of board members from nine to seven. (3-2F-4A)
5. Inserts language stating the BID management committee must comply with the applicable requirements of the Nonprofit Corporation Act. (3-2F-4B) Some provisions are not applicable such as the Nonprofit Corporation Act’s provisions on how board members are chosen.
6. Inserts a requirement that the management committee hold an annually meeting prior to March 1 to obtain input from the BID members. (3-2F-4D)
7. Requires the Executive Director communicate with property owners individually and send out a monthly report. (3-2F-4D)
8. Inserts the authority found in the state statute for Council to use an existing non-profit organization to administer. However, unlike the state statute, this would only be done if the existing management committee were terminated by Council. (3-2F-4E)
9. Inserts the statutory requirement that Council, by ordinance, adopt a list of improvements to be provided by the district, the amount of benefit estimated to be conferred on each tract or parcel of real property, a description of the real property or businesses to be assessed a business improvement benefit fee, and the amount of the assessment to be imposed on each real property owner. (3-2F-6A)
10. Establishes the following annual timeline of activities:
-BID management committee conducts annual meeting on or before MARCH 1(3-2F-4D)
-BID management committee submits recommended projects and improvements and proposed budget to Council on or before MARCH 30 (3-2F-6B)
-Council determines valuation year (currently 2006) every other year on or before APRIL 30 (3-2F-5C)
-BID management committee submits annual report to Council on or before AUGUST 15 (3-2F-6D)
-City Clerk mails out first half assessment notices during the LAST WEEK IN AUGUST (3-2F-5B)
-First half assessment payments due by SEPTEMBER 10 (3-2F-5B)
-Council determines percentage of the City match and whether to continue the BID management committee or find an existing nonprofit to act as the management committee on or before SEPTEMBER 30 (3-2F-6C&E)
-disbursement from City to the BID for first half assessments plus City match during JANUARY (3-2F-6C)
-City Clerk mails out second half assessment notices during the LAST WEEK IN FEBRUARY (3-2F-5B)
-Second half assessment payments due by MARCH 10 (3-2F-5B)
-disbursement from City to the BD for first second half assessments plus City match during JULY (3-2F-6C)
11. Makes the City match discretionary up to 100% of revenue from assessment payments. (3-2F-6C)
12. Makes clear that the City, not the BID, has the authority to issue bonds. (3-2F-7)