The meeting of the Town of Silver City Incentive Review Committee scheduled for Wednesday, June 19, 2013 at 8:30 am at City Hall, 101 W. Broadway, has been canceled until further notice.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, June 26, 2013, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver Planning and Zoning Commission has canceled their regular meeting scheduled for 7:00 pm on Tuesday, July 2, 2013 at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico.

The Cemetery Board of the Town of Silver City will hold a regular meeting date on Wednesday, June 26, 2013 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico. The complete agenda is available on the Town's website at www.townofsilvercity.org or at City Hall, 101 W. Broadway, Silver City.

Notice is hereby given that on June 11, 2013 the Town Council of the Town of Silver City, New Mexico adopted Ordinance No. 1220 (the "Ordinance") relating to the amendment of Ordinance No. 1195. Ordinance 1220 is an ordinance reflecting a name change of the wastewater solar project Industrial Revenue Bond (IRB) purchaser and re-affirming prior actions taken by the Town Council with regard to said IRB. Complete copies of the Ordinance are available for public inspection during normal and regular business hours of the Town Clerk at City Hall, 101 W. Broadway, Silver City, New Mexico.

The title and subject matter of the Ordinance is as follows:


A summary of the subject matter of the Ordinance is contained in its title.

ORDINANCE NO. 1218

AN ORDINANCE PERMITTING THE TRANSFER OF CERTAIN REAL PROPERTY, COMMONLY KNOWN AS THE “TENNIS COURT PARKING LOT” TO SILVER CONSOLIDATED SCHOOLS, ALL PURSUANT TO CHAPTER 48, SECTION 48-24 OF THE TOWN OF SILVER CITY MUNICIPAL CODE.

Sponsored by Councilor Michael S. Morones

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 11th day of June, 2013.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
June 11, 2013

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

NOTICE OF INTENT

TO ADOPT AN ORDINANCE AMENDING THE TOWN’S MUNICIPAL CODE, APPENDIX C (LAND USE AND ZONING CODE OF 2010), ARTICLE 6, SECS. 6.1.1. A) AND 6.1.1 A)1) (PLANNING AND ZONING COMMISSION)

The Council of the Town of Silver City, Grant County, New Mexico hereby gives notice of its intention to adopt proposed amendments to the Town of Silver City Code of Ordinances.

This notice is given the title as follows:


Sponsored by Mayor James R. Marshall

The complete ordinance is posted on the Town’s website, www.townofsilvercity.org. Public comments will be accepted until July 9, 2013. Comments may be submitted on the Town’s website, or to info@townofsilvercity.org , or by writing to the Town Council, Town of Silver City, P.O. Box 1188, Silver City, NM 88062. Copies are available at City Hall, 101 W. Broadway.

Consideration of the final adoption of such proposed ordinance will not take place until at least two weeks subsequent to the date of this notice and only at a public meeting called and held in accordance with Section 3-17-3, N.M.S.A. 1978. Consideration of adoption of said ordinance is currently scheduled for and will not take place prior to July 9, 2013.

(s) Ann L. Mackie, Town Clerk June 12, 2013

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, June 25, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider : A.) Approval/Disapproval of Ordinance No. 1221: a request for a Map Amendment/Zone Change, ZC 13-02, from a Residential A zone to a Residential C zone for a tract of land which is currently known as Shady Groves Mobile Home and RV Park and addressed as 1605 Canal Street, Silver City, New Mexico. The property encompasses Blocks 1, 2, 3 and 4 of the Wards Resubdivision of the Plata Vista Addition to the Town of Silver City.

The Town of Silver City Council will hold a Special Meeting on Thursday, June 20, 2013 at 2:00 p.m. at the Grant County Administration Center, 1400 Hwy. 180 E., Silver City, NM. The Council will discuss and take action on the Request for Proposal #12/13-2P: Community Promotions (Lodgers Tax Awards). A quorum of the Lodgers Tax Advisory Board may also attend. The public is invited to attend.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, June 11, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, June 11, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, June 25, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider A.) Approval/Disapproval of ZC 13-02: a request for a Map Amendment/Zone Change from a Residential A zone to a Residential C zone for a tract of land which is currently known as Shady Groves Mobile Home and RV Park and addressed as 1605 Canal Street, Silver City, New Mexico. The property encompasses Blocks 1, 2, 3 and 4 of the Wards Resubdivision of the Plata Vista Addition to the Town of Silver City.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, June 12, 2013, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Recycling Advisory Committee will hold a meeting on Thursday, June 6, 2013 at 3:00 PM at the City Hall Annex 2 (1106 N. Pope St). The public is invited to attend.

Pledging the distributions of environmental services gross receipts tax revenues received by the Town of Silver City, New Mexico from the New Mexico Department of Taxation and Revenue pursuant to Section 7-19d-10 NMSA 1978 to repayment of the Southwest Solid Waste Authority Solid Waste System improvement and refunding revenue bonds, Series 2013; ratifying actions heretofore taken; repealing all action inconsistent with this ordinance; and authorizing the taking of other actions in connection with the pledge of the pledged revenues to the series 2013 bonds.

The Town of Silver City Incentive Review Committee will hold a meeting on Wednesday, June 19, 2013 at 8:30 am at City Hall, second floor conference room, 101 W. Broadway, Silver City, NM 88061.

The Cemetery Board of the Town of Silver City will hold a regular meeting date on Wednesday, May 22, 2013 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, May 22, 2013, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Lodgers’ Tax Advisory Board will hold a meeting on Wednesday, May 22, 2013 at 2:00 p.m. at the Inn on Broadway, 411 W. Broadway, Silver City, NM 88061. The agenda for the regular meeting includes the election of the Chair and the Vice-Chair. Following the regular meeting the Board will hold a Closed Meeting pursuant to NMSA 1978 Section 10-5- 1(H)(6) to discuss competitive sealed proposals solicited pursuant to the Procurement Code (NMSA 1978 Section 13-1-28). The Closed Meeting is not open to the public.

The Silver City Museum Board will hold a meeting on Thursday, May 23, 2013 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Town of Silver Planning and Zoning Commission will hold their regular meeting at 7:00 p.m. on Tuesday, June 4, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, May 14, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Recycling Advisory Committee will hold a meeting on Thursday, May 2, 2013 at 3:00 PM at the City Hall Annex 2 (1106 N. Pope St). The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting date on Wednesday, April 24, 2013 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico. The complete agenda is available on the Town's website at www.townofsilvercity.org or at City Hall, 101 W. Broadway, Silver City.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, April 23, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver Planning and Zoning Commission will hold their regular meeting at 7:00 p.m. on Tuesday, May 7, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The Public Hearing will consider ZC 13-02: a request for a Map Amendment/Zone Change from a Residential A zone to a Residential C zone for a tract of land which is currently known as Shady Groves Mobile Home and RV Park and addressed as 1605 Canal Street, Silver City, New Mexico. The property encompasses Blocks 1, 2, 3 and 4 of the Wards Resubdivision of the Plata Vista Addition to the Town of Silver City.

An Ordinance to amend the Official Zoning Map for the following properties from the Commercial or Residential B districts to the Mixed-use Zoning District:

1. all of Blocks 243, 254, 267 and 268 of the Fraser Survey of the Town of Silver City;
2. the east 74’ of Lots 1, 3, 5, 7, 9 and 11 of Block 256 of the Fraser Survey of the Town of Silver City;
3. the east 70’ of Lots 1 and 3 of Block 266 of the Fraser Survey of the Town of Silver City;
4. the west portion of Block 276 of the Fraser Survey of the Town of Silver City bordered on the east by the Town owned right-of-way in Pinos Altos Creek and including the vacated portion of 15th Street as described in Ordinance No. 702;
5. all of Blocks 1 and 6 of Schadel’s Subdivision.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 9th day of April, 2013.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
April 9, 2013

The Town of Silver City Recycling Advisory Committee will hold a meeting on Thursday, April 11, 2013 at 3:00 PM at the City Hall Annex 2 (1106 N. Pope St). The public is invited to attend.

The Town of Silver City Council will hold a Public Hearing during their regular meeting at 6:00 p.m. on Tuesday, April 9, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider A. Approval / Disapproval of Ordinance No. 1217: an Ordinance to amend the Official Zoning Map for properties from the Commercial or Residential B districts to the Mixeduse Zoning District.

Sealed proposals are being requested by the Town of Silver City, New Mexico, at City Hall, Purchasing Department, 101 West Broadway, Silver City, New Mexico.

Proposals duly delivered and submitted will be opened and read for providing the following services, on the date and time reflected below:


Any proposals received after stated closing date and time will be returned unopened.  

The Community Promotions RFP Packets and application may be obtained at the Purchasing Department of the Town of Silver City, 101 W. Broadway, by calling (575) 538-3731 ext 6373 or on the Town of Silver City’s website at www.townofsilvercity.org.

Until the final award by the Council of the Town of Silver City, said Town reserves the right to reject any and/or all proposals, to waive technicalities, to re-advertise, to proceed or otherwise when the best interest of the Town will be realized hereby.  Proposals will be submitted sealed and plainly marked with the date and time of opening.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, April 10, 2013, in the meeting room of the Public Library, 515 W. College, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold its regular meeting at 6:00 p.m. on Tuesday, March 26, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold a Public Hearing during their regular meeting at 6:00 p.m. on Tuesday, April 9, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider A. Approval / Disapproval of Ordinance No. 1217: an Ordinance to amend the Official Zoning Map for properties from the Commercial or Residential B districts to the Mixed use Zoning District. 1) all of Blocks

Due to the lack of a quorum, the Town of Silver Planning and Zoning Commission has canceled their regular meeting scheduled for 7:00 pm on Tuesday, April 2, 2013 at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. Their next regular meeting is scheduled for May 7, 2013.

AN ORDINANCE AMENDING CHAPTER 6 (ANIMALS), SECTIONS 6-78, 6-80 AND 6-83 OF THE CODE OF ORDINANCES OF THE TOWN OF SILVER CITY DEALING WITH FEES AND DEPOSITS

Sponsored by Councilor Michael S. Morones

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 12th day of March, 2013.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Mar. 12, 2013

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, March 27, 2013, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public hearings will consider: 1.) MU 13-01 Mural Permit Application for a mural at Penny Park by the Youth Mural Program. Diana Ingalls-Leyba is the applicant. 2.) MU 13-02 Mural Permit Application for a mural at 1106 N Pope, the Town of Silver City Office of Sustainability, by the Youth Mural Program. Diana Ingalls-Leyba is the applicant. 3.) MU 13-03 Mural Permit Application for a mural on the 12th Street Bridge between Grant and Santa Rita Streets by the Youth Mural Program. Diana Ingalls-Leyba is the applicant. between Grant and Santa Rita Streets by the Youth Mural Program. Diana Ingalls-Leyba is the applicant.

The Town of Silver City Town Council will hold its regular meeting at 6:00 p.m. on Tuesday, March 12, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Recycling Advisory Committee will hold a meeting on Thursday, March 14, 2013 at 3:00 PM at the City Hall Annex 2 (1106 N. Pope St). The public is invited to attend.

The public is invited to attend the Swearing-In Ceremony of the newly elected officials of the Town of Silver City to be held on Monday, March 11, 2013 at 1:30 p.m. at the Grant County Administration Center, 1400 Highway 180 East, Silver City, New Mexico. A quorum of the Town Council may be present, but no action will be taken.

The Silver City Museum Board will hold a meeting on Thursday, March 28, 2013 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

A Public Open House to discuss a proposed zone change of approximately four and a half blocks in the West College Avenue neighborhood will be held Thursday, March 21, 2013, from 5:30 to 7:30 PM at the Silver City Library. The Town of Silver City is proposing a Map Amendment/Zone Change for numerous tracts of land in the Silver City and North Addition Historic Overlay Districts. The proposal is to amend the Official Zoning Map for those properties from Residential A to Historic Downtown Commercial zoning district.

A Public Open House to discuss a proposed zone change of approximately four and a half blocks in the West College Avenue neighborhood will be held Thursday, March 21, 2013, from 5:30 to 7:30 PM at the Silver City Library.

The Town of Silver City is proposing a Map Amendment/Zone Change for numerous tracts of land in the Silver City and North Addition Historic Overlay Districts. The proposal is to amend the Official Zoning Map for those properties from Residential A to Historic Downtown Commercial zoning district. The map amendment/zone change includes:

• Blocks 175, 176, and 177 of the Fraser Survey of the Townsite of Silver City;
• Lots 2, 4, and 6 of Block 201 of the Fraser Survey of the Townsite of Silver City;
• Lots 1, 2, 3, and 5 of Block 202 of the Fraser Survey of the Townsite of Silver City;
• The south 43 feet of Lot 4, the east 26.4 feet of the north 7 feet of Lot 4, and the east 26.4 feet of Lot 6 of Block 202 of the Fraser Survey of the Townsite of Silver City; and
• Lots 1, 3, 5, and 7 of Block 203 of the Fraser Survey of the Townsite of Silver City.

If you have any questions regarding this item, the file may be reviewed at the Community Development Department during regular business hours (Monday-Friday, 8:00 am to 5:00 pm, closed noon to 1:00 pm), located on the second floor of the Bank of America/City Hall Annex Building at 1203 N. Hudson Street, or call 534-6348. If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid service to attend or participate in the hearing or meeting, contact the Town Clerk at 534-6346 at least one week prior to the meeting or as soon as possible.

TO ADOPT AN ORDINANCE AMENDING CHAPTER 16, SECTION 16-44 OF THE TOWN OF SILVER CITY MUNICIPAL CODE, RELATING TO THE TERMS OF OFFICE OF THE INCENTIVE REVIEW COMMITTEE

Sponsored by Mayor James R. Marshall.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 26th day of February, 2013.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Feb. 26, 2013

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, March 13, 2013, in the meeting room of the Public Library, 515 W. College, Silver City, NM. The public is invited to attend.

The Town of Silver Planning and Zoning Commission will hold their regular meeting at 7:00 p.m. on Tuesday, March 5, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold Public Hearings during their regular meeting at 6:00 p.m. on Tuesday, February 26, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearings will consider: A.) Approval/Disapproval of Resolution No. 2013-05: a request for an Encroachment Permit to allow an existing abutment wall that encroaches into the West Kelly Street right-of-way. The property is described as a 0.877± acre tract of land being part of Block 14, Black’s Addition, to the Town of Silver City, Grant County, New Mexico, and is addressed as 1006 West Market Street. The applicant is Art Sanitarium LLC. and B.) Approval / Disapproval of the recovery of costs of the demolition associated with the remaining remnants of a dilapidated mobile home and the clean-up of strewn debris at 612 Swan St., Silver City, NM. The public hearing will include a report of the recovery of costs of the demolition. Any person interested or affected by the proposed charge may file written protests or objections with the Town Clerk prior to 6:00 p.m. on the date of the hearing. Each such protest or objection must contain a description of the property in which the signer therof is interested and the grounds of such protest or objections. Such protests or objections may be mailed to the Town Clerk at the Town of Silver City, P.O. Box 1188, Silver City, NM 88062, or delivered to City Hall, 101 W. Broadway, Silver City, NM 88061. City Hall business hours are from 8:00 a.m. to 5:00 p.m. The Town Clerk shall present such protests or objections to the Town Council at the time set for the hearing, and no other protests or objections shall be considered.

The Cemetery Board of the Town of Silver City has changed their regular meeting date from Wednesday, February 27, 2013 to Wednesday, February, 20, 2013 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico. The
complete agenda is available on the Town's website at www.townofsilvercity.org or at
City Hall, 101 W. Broadway, Silver City.

AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO THE NEW MEXICO METROPOLITAN REDEVELOPMENT CODE AND APPROVING THE SILVER CITY METROPOLITAN REDEVELOPMENT AREA PLAN.
Sponsored by Councilor Mike S. Morones.



PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 12th day of February, 2013.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Feb. 13, 2013

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

Aviso de nombres de candidatos para cargos públicos; designación de locales para votar; miembros de la junta directiva de recinto; y aviso sobre la escuela de elecciónes para la junta directiva del recinto

Notice of names of candidates for office; designation of polling places; precinct board members and notice of election school for the precinct boards

The Cemetery Board of the Town of Silver City has changed their regular meeting date from Wednesday, February 27, 2013 to Wednesday, February, 20, 2013 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Town of Silver Planning and Zoning Commission will hold their regular meeting at 7:00 p.m. on Tuesday, March 5, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, February 12, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider: A.) Approval / Disapproval of Ordinance No. 1214: an Ordinance making certain findings and determinations pursuant to the NM Metropolitan Redevelopment Code and approving the Silver City Metropolitan Redevelopment Area Plan.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, February 12, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider: A.) Approval / Disapproval of Ordinance No. 1214: an ordinance making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and approving the Silver City Metropolitan Redevelopment Area Plan for an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street.

The Town of Silver City Council will hold Public Hearings during their regular meeting at 6:00 p.m. on Tuesday, February 26, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearings will consider: A.) Approval/Disapproval of Resolution No. 2013-05: a request for an Encroachment Permit to allow an existing abutment wall that encroaches into the West Kelly Street right-of-way. The property is described as a 0.877± acre tract of land being part of Block 14, Black’s Addition, to the Town of Silver City, Grant County, New Mexico, and is addressed as 1006 West Market Street. The applicant is Art Sanitarium LLC. B.) Approval / Disapproval of the recovery of costs of the demolition associated with the remaining remnants of a dilapidated mobile home and the clean-up of strewn debris at 612 Swan St., Silver City, NM. The public hearing will include a report of the recovery of costs of the demolition. Any person interested or affected by the proposed charge may file written protests or objections with the Town Clerk prior to 6:00 p.m. on the date of the hearing. Each such protest or objection must contain a description of the property in which the signer therof is interested and the grounds of such protest or objections. Such protests or objections may be mailed to the Town Clerk at the Town of Silver City, P.O. Box 1188, Silver City, NM 88062, or delivered to City Hall, 101 W. Broadway, Silver City, NM 88061. City Hall business hours are from 8:00 a.m. to 5:00 p.m. The Town Clerk shall present such protests or objections to the Town Council at the time set for the hearing, and no other protests or objections shall be considered.

The Town of Silver City Recycling Advisory Committee will hold a meeting on Thursday, February 6, 2013 at 3:00 PM at the City Hall Annex 2 (1106 N. Pope St). The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, February 13, 2013, in the meeting room of the Public Library, 515 W. College, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold its regular meeting at 6:00 p.m. on Tuesday, January 22, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, February 12, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider: A.) Approval / Disapproval of Ordinance No. 1214: an ordinance making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and approving the Silver City Metropolitan Redevelopment Area Plan for an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, Jan. 23, 2013 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico. The complete agenda is available on the Town's website at www.townofsilvercity.org or at City Hall, 101 W. Broadway, Silver City.

The Town of Silver Planning and Zoning Commission will hold their regular meeting at 7:00 p.m. on Tuesday, February 5, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Silver City Museum Board will hold a meeting on Thursday, Jan. 24, 2013 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Silver City Public Library Board will hold a Special Meeting at 4:15 pm on Thursday, January 17, 2013, in the meeting room of the Public Library, 515 W. College, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, January 8, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The Public Hearings will consider: A.) Approval / Disapproval of request for restaurant liquor license with on-premise consumption only. Application #A-836420, Applicant Name: Leah Allen, LLC, DBA Adobe Springs Cafe, Proposed Location: 1617 Silver Heights Blvd., Silver City, NM 88061. B.) Approval / Disapproval of Notice of Intent Ordinance No. 1214: making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and approving the Silver City Metropolitan Redevelopment Area Plan for an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Monday, January 7, 2013, from 5:00 pm to 6:30 pm at the City Hall Annex 2 (former Shamrock gas station at 11th & Pope Street). The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, January 9, 2013, in the meeting room of the Public Library, 515 W. College, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, January 8, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearings will consider: A.) Approval / Disapproval of request for restaurant liquor license with on-premise consumption only. Application #A-836420, Applicant Name: Leah Allen, LLC, DBA Adobe Springs Cafe, Proposed Location: 1617 Silver Heights Blvd., Silver City, NM 88061. B.) Approval / Disapproval of Notice of Intent Ordinance No. 1214: making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and approving the Silver City Metropolitan Redevelopment Area Plan for an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street. Any interested party may appear and speak to the issue of the adoption of the resolution.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, January 8, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearings will consider: A.) Approval / Disapproval of request for restaurant liquor license with on-premise consumption only. Application #A-836420, Applicant Name: Leah Allen, LLC, DBA Adobe Springs Cafe, Proposed Location: 1617 Silver Heights Blvd., Silver City, NM 88061. B.) Approval / Disapproval of Notice of Intent Ordinance No. 1214: making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and approving the Silver City Metropolitan Redevelopment Area Plan for an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street. Any interested party may appear and speak to the issue of the adoption of the resolution.

The Town of Silver City Recycling Advisory Committee will hold a meeting on Thursday, January 3, 2013 at 3:00 PM at the City Hall Annex 2 (1106 N. Pope St). The public is invited to attend.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, January 8, 2013, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearings will consider: A.) Approval / Disapproval of request for a transfer of ownership for Liquor License No. 0027 with on-premise and package sales. License No. 0027 / Application #A-772031, Applicant Name: J & R Corporate Holdings, Inc., DBA Snappy Mart #202, Proposed Location: 123 West 12th Street, Silver City, NM 88061. B.) Approval / Disapproval of request for transfer of ownership of Liquor License No. 0151 with package sales. License No. 0151 / Application #A-772033, Applicant Name: J & R Corporate Holdings, Inc., DBA Snappy Mart #204, Proposed Location: 206 N. Hudson, Silver City, NM 88061. C.) Approval / Disapproval of request for restaurant liquor license with on-premise consumption only. Application #A-836420, Applicant Name: Leah Allen, LLC, DBA Adobe Springs Cafe, Proposed Location: 1617 Silver Heights Blvd., Silver City, NM 88061. D.) Approval / Disapproval of Notice of Intent Ordinance No. 1214: making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and approving the Silver City Metropolitan Redevelopment Area Plan for an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street. Any interested party may appear and speak to the issue of the adoption of the resolution.

The Town of Silver City Council has canceled their regular meeting scheduled for 6:00 pm on Tuesday, December 25, 2012 at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The next regular meeting is scheduled for Tuesday, January 8, 2013.

The Town of Silver Planning and Zoning Commission has canceled their regular meeting scheduled for 6:00 pm on Wednesday, January 2, 2013 at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico.

The Cemetery Board of the Town of Silver City has canceled their regular meeting scheduled for Wednesday, December 26, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico. The next scheduled regular meeting will be held on Wednesday, January 23, 2013 at 1:30 PM at the same location.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, Dec. 6, 2012, in the new location for the Office of Sustainability, City Annex II, 1106 N. Pope St., Silver City, N.M. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, Dec. 12, 2012, in the meeting room of the Public Library, 515 W. College, Silver City, NM. The public is invited to attend.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Wednesday, December 5, 2012, from 5:00 pm to 6:30 pm at the City Hall Annex 2 (former Shamrock gas station at 11th & Pope Street). The public is invited to attend.

The Town of Silver City will hold public hearings during its regular meeting on Tuesday, December 11, 2012, at the Grant County Administration Center, 1400 Highway 180 East, Silver City, New Mexico. The public is invited to attend. The public hearings will consider: A.) Continued Public Hearing from the Nov. 13, 2012 Regular Council Meeting - Approval / Disapproval of Resolution No. 2012-27: Metropolitan Redevelopment Area Designation; making certain findings and determinations pursuant to the Metropolitan Redevelopment Code; and designating the Silver City Downtown Metropolitan Redevelopment Area; and B.) Approval / Disapproval of Appeal #AP 12-01: an Appeal of the Community Development Director’s interpretation of the Municipal Code, Section 48-22, relating to a request by Bruce McKinney to exchange Town-owned property for parcels in Rio Vicente Subdivision.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, November 27, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Silver City Museum Board will hold a meeting on Thursday, Nov. 29, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, Nov. 28, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

Candidate packages are ready for the March 5, 2013, Town of Silver City Regular Municipal Election.

CANDIDATE PACKETS for the following elective offices are available at City Hall, 101 W. Broadway:

• Councilor District 1          2-yr. term
• Councilor District 3          2-yr. term

Packets are available at City Hall and on the Town of Silver City’s website, www.townofsilvercity.org.

DECLARATION OF CANDIDACY is Tuesday, January 8, 2013  between the hours of 8:00 a.m. and 5:00 p.m. only, in the office of  the Municipal Clerk, City Hall, 101 W. Broadway.

If you have any questions regarding this process, call the Municipal  Clerk at 534-6346.

The Town of Silver Planning and Zoning Commission will hold their regular meeting at 7:00 p.m. on Tuesday, December 4, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, November 13, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will considerApproval / Disapproval of Resolution No. 2012-27: Metropolitan Redevelopment Area Designation; making certain findings and determinations pursuant to the Metropolitan Redevelopment Code; and designating the Silver City Downtown Metropolitan Redevelopment Area.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, Nov. 14, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Tuesday, November 13, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, Nov. 14, 2012, in the first floor meeting room of the Town of Silver City Annex, 1203 N. Hudson St., Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, October 23, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.The public hearing will consider Approval / Disapproval of Liquor License Application for a Small Brewers Liquor License. Application #827631, Applicant: Q's Southern Bistro, LLC, D/B/A Branding Iron Brewery, 101 E. College Ave., Silver City, NM 88062.

The Town of Silver Planning and Zoning Commission will hold a regular meeting at 7:00 p.m. on Tuesday, November 6, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, Oct. 24, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico. The complete agenda is available on the Town's website at www.townofsilvercity.org or at City Hall, 101 W. Broadway, Silver City.

The Town of Silver City Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, November 13, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider Approval / Disapproval of Resolution No. 2012-27 making certain findings and determinations pursuant to the Metropolitan Redevelopment Code, and designating the Silver City Downtown Metropolitan Redevelopment Area, an irregularly shaped area of approximately 76 blocks that is generally described as south of Highway 180, west of Hudson Street, north of Chihuahua Street, and east of A Street. Any interested party may appear and speak to the issue of the adoption of the resolution.

AN ORDINANCE AMENDING CHAPTER 32 (NUISANCES), ARTICLE III (UNATTENDED VACANT BUILDINGS), SECTIONS 32-50 ET SEQ., OF THE TOWN OF SILVER CITY MUNICIPAL CODE.

Sponsored by: Councilor Michael S. Morones

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 9th day of October, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Oct. 10, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, October 23, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.The public hearing will consider Approval / Disapproval of Liquor License Application for a Small Brewers Liquor License. Application #827631, Applicant: Q's Southern Bistro, LLC, D/B/A Branding Iron Brewery, 101 E. College Ave., Silver City, NM 88062.

The Town of Silver City Council will hold a regular meeting at 6 p.m. on Tuesday, Oct. 9, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, October 10, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City intends to apply for a Brownfields Cleanup Grant from the Environmental Protection Agency for lead/asbestos/bat guano abatement at the historic Waterworks building. Public review of the grant application is required before submittal.

The draft application is available on the Town’s website, http://www.townofsilvercity.org/, on the home page under “We need your ideas and input for Issues at Hand.” Copies of the draft application can also be reviewed at the Public Library or Community Development Department (CDD). Written comments can be submitted to the Town’s website, dropped off at the CDD office, sent by mail to:


or emailed to:  tsccfm@qwestoffice.net.

A public meeting will be held October 22, 2012 at 4:00 pm in the 2nd floor conference room of the Bank of America/City Annex building, 1203 N. Hudson Street, Silver City, NM. There will be a short presentation on the Waterworks and the proposed cleanup project. Public input is requested. Comments and responses will be summarized and included in the final grant application which will be submitted by November 15, 2012.


If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid service to attend or participate in the hearing or meeting, contact the Town Clerk at 534-6346 at least one week prior to the meeting or as soon as possible.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, October 10, 2012, in the first floor meeting room of the Town of Silver City Annex, 1203 N. Hudson St., Silver City, NM. The public is invited to attend.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, October 4, 2012, in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend. The complete agenda is available on the Town's website at www.townofsilvercity.org,

The Town of Silver City Town Council will hold a regular meeting at 6:00 p.m. on Tuesday, Sept. 25, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, September 26, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, Sept. 26, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Silver City Museum Board will hold a meeting on Thursday, Sept. 27, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend. The complete agenda is available on the Town's website at www.townofsilvercity.org, and at City Hall, 101 W. Broadway.

The Town of Silver Planning and Zoning Commission will hold a Public Hearing during their regular meeting at 7:00 p.m. on Tuesday, October 2, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

AN ORDINANCE AMENDING CHAPTER 44, ARTICLE III (LODGERS’ TAX) SECTION 44-125 (ADVISORY BOARD CREATED; COMPOSITION; DISPOSITION OF PROCEEDS) OF THE TOWN OF SILVER CITY MUNICIPAL CODE.

Sponsored by: Councilor Cynthia Ann Bettison

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 11th day of September, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Sept. 12, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

AN ORDINANCE AMENDING CHAPTER 30, ARTICLE II (MUSEUM BOARD) SECTIONS 30-21 (PURPOSE) AND SECTION 30-27 (AUTHORITY TO ACCEPT GIFTS AND DONATIONS) OF THE TOWN OF SILVER CITY MUNICIPAL CODE.

Sponsored by: Councilor Cynthia Ann Bettison

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 11th day of September, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Sept. 12, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF SILVER CITY, GRANT COUNTY, NEW MEXICO, CHAPTER 28 (MUNICIPAL COURT), ARTICLE IV (INITIATION OF PROCEEDINGS, SENTENCING, FINES AND COURT COSTS)

Sponsored by Mayor James R. Marshall.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 11th day of September, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Sept. 12, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

AN ORDINANCE AMENDING CHAPTER 10, (BUSINESSES), ARTICLES II, III AND VII OF THE TOWN OF SILVER CITY MUNICIPAL CODE, RELATING TO BUSINESS REGISTRATIONS, BUSINESS LICENSES, AND PERMITS WITHIN THE TOWN OF SILVER CITY, GRANT COUNTY, NEW MEXICO.

Sponsored by Mayor James R. Marshall.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 11th day of September, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Sept. 12, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Town of Silver City Town Council will hold a regular meeting at 6:00 p.m. on Tuesday, Sept. 11, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

Change of location - the Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, September 12, 2012, in the Town of Silver City Annex/Bank of America building, first floor conference room, 1211 N. Hudson St., Silver City, NM. Enter through the Utilities Dept. door. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, September 12, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, September 12, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

AN ORDINANCE AMENDING CHAPTER 52, (UTILITIES), ARTICLE III (WATER AND SEWER RATES AND CHARGES), SECTION 52-71 (WATER RATES) OF THE TOWN OF SILVER CITY MUNICIPAL CODE

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 23rd day of August, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Aug. 24, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, August 30, 2012, in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Town of Silver City Town Council will hold a regular meeting at 6:00 p.m. on Thursday, August 23, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver Planning and Zoning Commission will hold a Public Hearing during their regular meeting at 7:00 p.m. on Tuesday, September 4, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider VA 12-03: A request for a Variance to allow an open carport to remain within the required setback. The property, addressed as 2310 Yucca, is located on a tract of land described as Lot 10, Block 27, of the Silver Heights Subdivision, in the Town of Silver City, Grant County, New Mexico. The applicant is Jeffrey Rudolf, owner.

AN ORDINANCE AMENDING SECTION 12-6-12.18 (PROHIBITED ACTIVITIES WHILE DRIVING) OF THE NEW MEXICO UNIFORM TRAFFIC CODE ADOPTED AS THE SILVER CITY TRAFFIC ORDINANCE IN CHAPTER 50, SECTION 50-1, OF THE MUNICIPAL CODE OF THE TOWN OF SILVER CITY, NEW MEXICO.

Sponsored by: Councilor José A. Ray, Jr.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 14th day of August, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Aug. 15, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Town of Silver City Town Council has rescheduled their regular meeting date from Tuesday, August 28, 2012 at 6:00 p.m. to Thursday, August 23, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Highway 180 East, Silver City, NM.

AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM THEIR CURRENT ZONING TO HISTORIC DOWNTOWN COMMERCIAL NUMEROUS TRACTS OF LAND IN THE SILVER CITY, CHIHUAHUA HILL, BLACK’S ADDITION, AND NORTH ADDITION HISTORIC OVERLAY DISTRICTS.

THE MAP AMENDMENT/ZONE CHANGE INCLUDES THE FOLLOWING PROPERTIES:

• ALL OF BLOCKS 8, 19, 20, 31, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 91, 92, 93, 94, 95, 96, 97, 98, 105, 106, 127, 128, 141, 142, 163, 164, 179, 180, AND 200 OF THE FRASER SURVEY OF THE TOWN OF SILVER CITY;
• BLOCK 9, EXCLUSIVE OF THE VACATED PORTION OF BULLARD STREET, OF THE FRASER SURVEY OF THE TOWNSITE OF SILVER CITY;
• THE SOUTH HALF OF BLOCKS 99, 100, 101, 102, 103, AND 104 OF THE FRASER SURVEY OF THE TOWNSITE OF SILVER CITY;
• THE EAST HALF OF BLOCKS 7, 10, 18, 21, 30, 104, 129, 140, 165, 178, AND 201 OF THE FRASER SURVEY OF THE TOWNSITE OF SILVER CITY;
• THE NORTH HALF OF BLOCKS 26, 27, 28, 29, AND 30 OF THE FRASER SURVEY OF THE TOWNSITE OF SILVER CITY;
• THE NORTHWEST QUARTER OF BLOCK 178 OF THE FRASER SURVEY OF THE TOWNSITE OF SILVER CITY;
• THOSE PARCELS IN THE SOUTHEAST PORTION OF THE REZONE AREA, WITHIN AN AREA OF THE FRASER’S SURVEY OF THE TOWNSITE OF SILVER CITY DELINEATED ON THE NORTH BY SPRING STREET, ON THE WEST BY BULLARD STREET, ON THE SOUTH BY A LINE EXTENDING FROM THE SOUTH SIDE OF SAN VICENTE STREET, AND ON THE EAST BY A LINE EXTENDING FROM THE EAST SIDE OF MAIN STREET, SUCH PARCELS BEING THOSE WITH THE FOLLOWING GRANT COUNTY, NM, PROPERTY CODES: 3-081-103-198-375, 3-081-103-192-377, 3-081-103-202-379, 3- 081-103-208-382, 3-081-103-202-384, 3-081-103-205-388, 3-081-103-196-399, 3-081-103-206-401, 3-081-103-196-412, AND 3-081-103-193-425;
• ALL OF BLOCKS 1 AND 44 OF BLACK’S SUBDIVISION; AND
• THE SOUTH HALF OF BLOCKS 2 AND 45 OF BLACK’S SUBDIVISION.
  

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 14th day of August, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Aug. 15, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, August 22, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, August 14, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider Ordinance Number 1206: An Ordinance Amending the Town's Official Zoning Map by rezoning from their current zoning to Historic Downtown Commercial numerous tracts of land in the Silver City, Chihuahua Hill, Black’s Addtion, and North Addition historic overlay districts.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, August 8, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Thursday, Aug. 9, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Town of Silver City’s Recycling Advisory Committee will hold a regular meeting at 3:15 PM on August 2, 2012 in the conference room at Southwest Solid Waste Authority 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Town of Silver City Town Council will hold its regular meeting at 6:00 p.m. on Tuesday, July 24, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, July 25, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, August 14, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider Ordinance Number 1206: An Ordinance Amending the Town’s Official Zoning Map by rezoning from their current zoning to Historic Downtown Commercial numerous tracts of land in the Silver City, Chihuahua Hill, Black’s Addition, and North Addition historic overlay districts.

The Silver City Museum Board will hold a meeting on Thursday, July 26, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, July 25, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Town of Silver Planning and Zoning Commission will hold a Public Hearing during their regular meeting at 7:00 p.m. on Tuesday, August 7, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Thursday, July 12, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold its regular meeting at 6:00 p.m. on Tuesday, July 10, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, NM. The public is invited to attend.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, July 5, 2012, in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Town of Silver City Town Council will hold its regular meeting at 6:00 p.m. on Tuesday, June 26, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, June 27, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Planning and Zoning Commission will hold a Special Meeting to conduct a training session for new commissioners and to discuss ideas for future community forums. The meeting will be held at 7:00 p.m. on Tuesday, July 10, 2012 at the Town of Silver City Annex 2nd Floor Conference Room, 1203 Hudson Street, Silver City, New Mexico. The public may attend the training session, however, public participation in the training discussions will not be permitted. There are no action items on the agenda.

The Town of Silver Planning and Zoning Commission has cancelled their regular meeting scheduled for Tuesday, July 3, 2012 at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico.

The Town of Silver City wishes to inform all interested parties that public meetings will be held at 1203 N. Hudson St., Silver City, NM the following dates, times and locations:


The purpose of these meetings is to seek input from the citizens of the Town of Silver City on projects for inclusion in a local infrastructure capital improvement plan, a plan that establishes planning priorities for anticipated capital projects.  

Capital projects may include but are not limited to the following areas: Administrative Facilities, Clean Energy, Streets, Roads, Sidewalks, Curbs, Gutters, Bridges, and Bicycle Facilities, Housing, Sewer Collection and Treatment, Storm and Surface Water Control, Water, Solid Waste, Public Utilities, Transit, Airports, Parks and Trails, Land and Site Acquisition, Community Service Facilities, Public Safety and Emergency, Libraries, Renovation, and Regional Projects.

The plan incorporates policy direction, funding time frames, estimated costs, justifications, and the details of each specific infrastructure capital improvement project proposed, by year, for a 5 year period.

For more information and to send written comments, please contact the Town of Silver City Community Development Department, PO Box 1188, Silver City, NM 88062 and (575) 534-6349.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, June 27, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Joint Board Meeting between the Silver City Museum Board and the Museum Society Board that was scheduled for Thursday, June 21, 2012 at 5:15 p.m. at the Museum Annex Building, 302 West Broadway, Silver City, NM has been cancelled

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 12th day of June, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
June 12, 2012

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 12th day of June, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk

June 12, 2012

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Wednesday, June 20, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, June 13, 2012, in the second floor conference room of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

Sealed proposals are being requested by the Town of Silver City, New Mexico, at City Hall, Purchasing Department, 101 West Broadway, Silver City, New Mexico.

Proposals duly delivered and submitted will be opened and read for providing the following services, on the date and time reflected below:


Any proposals received after stated closing date and time will be returned unopened.  Further details regarding this proposal may be obtained at the Purchasing Office Department of the Town of Silver City or by calling (575) 538-3731 ext 6373.

Until the final award by the Council of the Town of Silver City, said Town reserves the right to reject any and/or all proposals, to waive technicalities, to re-advertise, to proceed or otherwise when the best interest of the Town will be realized hereby.  Proposals will be submitted sealed and plainly marked with the date and time of opening.


Town of Silver City
By: Anita Norero
Purchasing Agent

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, June 7, 2012, in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, June 13, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

ORDINANCE NO. 1203

AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO WNM COMMUNICATIONS, INC. (hereinafter "WNM")

WHEREAS, the Town of Silver City (the Franchising Authority), has determined that the financial, legal and technical ability of WNM, (the Grantee), is reasonably sufficient to provide services, facilities and equipment necessary to meet the future telecommunication needs of the community; and

WHEREAS, the Town of Silver City desires to enter into a Franchise Agreement with WNM, for the operation of a telecommunication system on the terms set forth herein;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF SILVER CITY:

This Ordinance shall be known and may be cited as the WNM Franchise Ordinance.

SECTION 1. Grant of Franchise.  There is hereby granted by the Town of Silver City (the "City" or "Municipality") to WNM, its successors and assigns, the right and privilege to do a general communication business within said Town of Silver City and to place, erect, lay, maintain and operate in, upon, over and under the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within said Town, poles, wires and other appliances and conductors for all telephone and other communication purposes. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground, or at the option of WNM, its successors and assigns, may be laid underground, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Any and all changes made by WNM solely for the benefit of WNM specific reasons in the location of the poles, wires, cables, underground conduits, manholes and other communications facilities shall not require the Town to pay for the change in any street, roadway or traffic control facility caused by the change of WNM and the cost thereof shall be paid by WNM, subject to the exceptions outlined below and in Section 4.

SECTION 2. Excavations.  It shall be lawful for WNM, its successors and assigns, to make all needful excavations in any of the streets, alleys, avenues, thoroughfares, and public highways, places and grounds in said Town for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits or such wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. The work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the Town of Silver City.

SECTION 3. Restoration.  Whenever WNM, its successors and assigns, shall disturb any of the Town's infrastructure within the Town's rights-of-way for the purpose aforesaid, it or they shall restore the same good order and condition as soon as practicable all in conformance with current standards and requirements contained in the Town’s Municipal Code without unnecessary delay, and failing to do so the Town of Silver City shall have the right to fix a reasonable time within which such repairs and restoration of the Town's infrastructure within the Town's rights-of-way shall be completed, and upon failure of such repairs being made by WNM, its successors and assigns, the said Town shall cause the repairs to be made at the expense of WNM, its successors and assigns.

SECTION 4. Relocation. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the Town of Silver City from sewering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the Town's public rights-of-way in or upon which the poles, wires or conductors of WNM shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes or other apparatus. In the event that the Town requires that WNM move, alter, change, adapt or conform its facilities, where such move is necessary, reasonable and for reasons pertaining to the health, welfare and safety of its citizens, WNM shall pay the cost of the relocation. Prior to such move in the pre-design phase of any such project, the Town and WNM shall coordinate such activity to avoid unnecessary relocation and cost for both parties. If such move is for aesthetic purposes, for the Town's benefit to compete with WNM as a telecommunications service provider or which is necessitated for the development of a non-roadway structure, the Town shall reimburse WNM for relocation. If such move is for the benefit or convenience of, or at the request of a third party, including a private developer or development, such costs shall be borne by the third party. The Town shall not require WNM to remove or relocate its facilities or vacate any street, alley or other public way incidental to any public housing or renewal project without reserving WNM's right therein or without requiring WNM to be compensated for the costs thereof.

SECTION 5. Moving Aerials.  Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of WNM to permit the passage of any building, machinery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the Town, WNM will perform such a rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the Town, shall detail the route of movement of the building, machinery or object, shall provide that the costs incurred by WNM in making such a rearrangement of its aerial facilities will be borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save WNM harmless of and from any and all damages of claims whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the facilities of WNM, and if required by WNM, shall be accompanied by cash deposit or a good and sufficient bond to pay any and all such costs as estimated by WNM.

SECTION 6. Payment by Grantee.   In consideration of the rights, privileges, and franchise hereby granted, said WNM, its successors and assigns, shall pay the Town of Silver City from and after the date of the acceptance of this franchise an amount equal to 3% of the monthly recurring revenues received for basic local exchange service within the Town limits of Silver City for in Town services listed in Appendix A, less net uncollectibles.  Payment shall be made quarterly on or before sixty (60) days after the end of each calendar quarter. Such payment made by WNM will be accepted by the Town of Silver City from WNM, also as payment of any license, privilege or occupation tax or fee for revenue or regulation, franchise fee, or any permit or inspection fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter, or other forms of excise or revenue taxes based upon or measured by revenues, employees, payroll, property, facilities or equipment of WNM to be imposed by the Town of Silver City upon WNM during the term of this franchise.  Notwithstanding that no permit or inspection fees will be assessed upon WNM by the Town, WNM shall apply for permits and inspections pursuant to the requirements of the applicable provisions of the Town’s Municipal Code.

SECTION 7. Term. The rights, privileges and franchise herein granted shall continue and be in force for the period of ten (10) years from and after the date this ordinance becomes effective, except that it is understood and agreed that either party may terminate this ordinance after 180 days notice in writing. This ordinance shall be subject to any and all State or Federal legislative enactments.  The right to cancel this franchise agreement on the part of the Town shall be limited to cause wherein the franchisee has demonstrated a pattern of non-compliance with the franchise agreement and the obligations thereunder.

SECTION 8. Reservation of Rights. By accepting this ordinance, WNM reserves all rights under the law including, but not limited to, those rights arising under section 253 of the Federal Telecommunications Act and the law of the state of New Mexico.  In the event additional and subsequent telecommunication franchise agreements are adopted by the Town, WNM will be offered the opportunity to adopt and operate under any new franchise provisions which are in variance with the provisions herein.

SECTION 9. Inspection of WNMC's Books. WNM shall make available to the Town, upon reasonable advance written notice of no less than 30 days, such information pertinent only to enforcing the terms of this ordinance in such form and at such times as WNM can reasonably make available. Subject to New Mexico public records laws, any information that is provided to the Town and/or that the Town reviews in camera is confidential and proprietary and shall not be disclosed or use for any purpose, other than verifying compliance with the terms of this ordinance. If such information is provided to the Town, it shall be immediately returned to WNM upon review. The Town will not make copies of such information.

SECTION 10. Indemnification. Subject to and in compliance with New Mexico  Tort Claims Act, including state, federal and the New Mexico Public Regulation Commission laws, the Town and WNM shall indemnify and save the other harmless from any liabilities, claims or demands (including the costs, expenses and reasonable attorney's fees on account thereof) that may be made by anyone for personal injuries, including death, or damage to tangible property, resulting from the negligence and/or willful misconduct of that party, its employees or agents in its performance under this ordinance. The Town and WNM shall defend the other at the other's request against any such liability, claim or demand. The Town and WNM shall notify the other promptly of written claims or demands against such party of which the other party is responsible hereunder.

SECTION 11. Effective Date. This ordinance shall, if accepted by WNM, as signified by WNM's filing with the Town Manager of the Town of Silver City its written acceptance of all the terms and conditions of the ordinance, take effect and be in force thirty (30) days from the passage and approval of this ordinance.

PASSED, APPROVED, SIGNED AND ADOPTED this 22nd day of May, 2012.

 /s/

 James R. Marshall, Mayor
Yolanda C. Holguin, Acting Town Clerk

APPENDIX A

LISTING OF SERVICE CATEGORIES INCLUDED IN "GROSS REVENUE" FOR CALCULATION OF FRANCHISE FEES

Business Local Access—including Flat Rate, Multiparty, and Extended Area Service

Business Measured Usage Local Access Service

Flat Usage Local Access Trunks

Low Income Telephone Assistance Program Local Access

Measured Rate Local Access Trunk Usage

Message Rate Local Access Trunk Usage

Public Access Line (PAL) Service

Residential Local Access—including Flat Rate, Multiparty, and Extended Area Service

Residential Measured Usage

THE FOLLOWING IS A NON-EXCLUSIVE LISTING OF CATEGORIES OF REVENUE NOT REPRESENTING THE RETAIL SALE OF LOCAL ACCESS SERVICES AND THEREFORE EXCLUDED FROM THE DEFINITION OF "GROSS REVENUES" AND, THEREFORE, ARE NOT INCLUDED IN THE CALCULATION OF ANY FEE DUE TO THE TOWN.

Proceeds from the sale of bonds, mortgages, or other evidences of indebtedness, securities or stocks;

Bad debt write-offs and customer credits

Revenue from directory advertising

Any amounts collected from customers that are to be remitted to a federal or state agency as part of a Universal Service Fund or other government program, including but not limited to support for the hearing impaired

Any amounts collected for taxes, fees, or surcharges and paid to the federal, state or local governments

Revenues from internet access

Revenues from digital or other electronic content, such as computer software, music and video downloads

Revenues from equipment sales, rentals, installation and maintenance

Revenues from any carrier purchased for resale

Revenues from private line services not for switched local access service

 

ORDINANCE NO. 1202

AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO
QWEST CORPORATION dba CENTURYLINK QC (hereinafter "Qwest")

WHEREAS, the Town of Silver City (the Franchising Authority), has determined that the financial, legal and technical ability of Qwest, (the Grantee), is reasonably sufficient to provide services, facilities and equipment necessary to meet the future telecommunication needs of the community; and

WHEREAS, the Town of Silver City desires to enter into a Franchise Agreement with Qwest, for the operation of a telecommunication system on the terms set forth herein;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF SILVER CITY:

This Ordinance shall be known and may be cited as the Qwest Franchise Ordinance.

SECTION 1. Grant of Franchise.  There is hereby granted by the Town of Silver City (the "City" or "Municipality") to Qwest, its successors and assigns, the right and privilege to do a general communication business within said Town of Silver City and to place, erect, lay, maintain and operate in, upon, over and under the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within said Town, poles, wires and other appliances and conductors for all telephone and other communication purposes. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground, or at the option of Qwest, its successors and assigns, may be laid underground, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Any and all changes made by Qwest solely for the benefit of Qwest specific reasons in the location of the poles, wires, cables, underground conduits, manholes and other communications facilities shall not require the Town to pay for the change in any street, roadway or traffic control facility caused by the change of Qwest and the cost thereof shall be paid by Qwest, subject to the exceptions outlined below and in Section 4.

SECTION 2. Excavations.  It shall be lawful for Qwest, its successors and assigns, to make all needful excavations in any of the streets, alleys, avenues, thoroughfares, and public highways, places and grounds in said Town for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits or such wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. The work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the Town of Silver City.

SECTION 3. Restoration.  Whenever Qwest, its successors and assigns, shall disturb any of the Town's infrastructure within the Town's rights-of-way for the purpose aforesaid, it or they shall restore the same good order and condition as soon as practicable all in conformance with current standards and requirements contained in the Town’s Municipal Code without unnecessary delay, and failing to do so the Town of Silver City shall have the right to fix a reasonable time within which such repairs and restoration of the Town's infrastructure within the Town's rights-of-way  shall be completed, and upon failure of such repairs being made by Qwest, its successors and assigns, the said Town shall cause the repairs to be made at the expense of Qwest, its successors and assigns.

SECTION 4. Relocation. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the Town of Silver City from sewering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the Town's public rights-of-way in or upon which the poles, wires or conductors of Qwest shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes or other apparatus. In the event that the Town requires that Qwest move, alter, change, adapt or conform its facilities, where such move is necessary, reasonable and for reasons pertaining to the health, welfare and safety of its citizens, Qwest shall pay the cost of the relocation. Prior to such move in the pre-design phase of any such project, the Town and Qwest shall coordinate such activity to avoid unnecessary relocation and cost for both parties. If such move is for aesthetic purposes, for the Town's benefit to compete with Qwest as a telecommunications service provider or which is necessitated for the development of a non-roadway structure, the Town shall reimburse Qwest for relocation. If such move is for the benefit or convenience of, or at the request of a third party, including a private developer or development, such costs shall be borne by the third party. The Town shall not require Qwest to remove or relocate its facilities or vacate any street, alley or other public way incidental to any public housing or renewal project without reserving Qwest's right therein or without requiring Qwest to be compensated for the costs thereof.

SECTION 5. Moving Aerials.  Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of Qwest to permit the passage of any building, machinery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the Town, Qwest will perform such a rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the Town, shall detail the route of movement of the building, machinery or object, shall provide that the costs incurred by Qwest in making such a rearrangement of its aerial facilities will be borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save Qwest harmless of and from any and all damages of claims whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the facilities of Qwest, and if required by Qwest, shall be accompanied by cash deposit or a good and sufficient bond to pay any and all such costs as estimated by Qwest.

SECTION 6. Payment by Grantee.   In consideration of the rights, privileges, and franchise hereby granted, said Qwest, its successors and assigns, shall pay the Town of Silver City from and after the date of the acceptance of this franchise an amount equal to 3% of the monthly recurring revenues received for basic local exchange service within the Town limits of Silver City for in Town services listed in Appendix A, less net uncollectibles.  Payment shall be made quarterly on or before sixty (60) days after the end of each calendar quarter. Such payment made by Qwest will be accepted by the Town of Silver City from Qwest, also as payment of any license, privilege or occupation tax or fee for revenue or regulation, franchise fee, or any permit or inspection fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter, or other forms of excise or revenue taxes based upon or measured by revenues, employees, payroll, property, facilities or equipment of Qwest to be imposed by the Town of Silver City upon Qwest during the term of this franchise.  Notwithstanding that no permit or inspection fees will be assessed upon Qwest by the Town, Qwest shall apply for permits and inspections pursuant to the requirements of the applicable provisions of the Town’s Municipal Code.

SECTION 7. Term. The rights, privileges and franchise herein granted shall continue and be in force for the period of ten (10) years from and after the date this ordinance becomes effective, except that it is understood and agreed that either party may terminate this ordinance after 180 days notice in writing. This ordinance shall be subject to any and all State or Federal legislative enactments.  The right to cancel this franchise agreement on the part of the Town shall be limited to cause wherein the franchisee has demonstrated a pattern of non-compliance with the franchise agreement and the obligations thereunder.

SECTION 8. Reservation of Rights. By accepting this ordinance, Qwest reserves all rights under the law including, but not limited to, those rights arising under section 253 of the Federal Telecommunications Act and the law of the state of New Mexico.  In the event additional and subsequent telecommunication franchise agreements are adopted by the Town, Qwest will be offered the opportunity to adopt and operate under any new franchise provisions which are in variance with the provisions herein.

SECTION 9. Inspection of Qwest's Books. Qwest shall make available to the Town, upon reasonable advance written notice of no less than 30 days, such information pertinent only to enforcing the terms of this ordinance in such form and at such times as Qwest can reasonably make available. Subject to New Mexico public records laws, any information that is provided to the Town and/or that the Town reviews in camera is confidential and proprietary and shall not be disclosed or use for any purpose, other than verifying compliance with the terms of this ordinance. If such information is provided to the Town, it shall be immediately returned to Qwest upon review. The Town will not make copies of such information.

SECTION 10. Indemnification. Subject to and in compliance with New Mexico  Tort Claims Act, including state, federal and the New Mexico Public Regulation Commission laws, the Town and Quest shall indemnify and save the other harmless from any liabilities, claims or demands (including the costs, expenses and reasonable attorney's fees on account thereof) that may be made by anyone for personal injuries, including death, or damage to tangible property, resulting from the negligence and/or willful misconduct of that party, its employees or agents in its performance under this ordinance. The Town and Qwest shall defend the other at the other's request against any such liability, claim or demand. The Town and Qwest shall notify the other promptly of written claims or demands against such party of which the other party is responsible hereunder.

SECTION 11. Effective Date. This ordinance shall, if accepted by Qwest, as signified by Qwest's filing with the Town Manager of the Town of Silver City its written acceptance of all the terms and conditions of the ordinance, take effect and be in force thirty (30) days from the passage and approval of this ordinance.

PASSED, APPROVED, SIGNED AND ADOPTED this 22nd day of May, 2012.

/s/
James R. Marshall, Mayor
Yolanda C. Holguin, Acting Town Clerk

 

APPENDIX A

LISTING OF SERVICE CATEGORIES INCLUDED IN "GROSS REVENUE" FOR CALCULATION OF FRANCHISE FEES

Business Local Access—including Flat Rate, Multiparty, and Extended Area Service

Business Measured Usage Local Access Service

Flat Usage Local Access Trunks

Low Income Telephone Assistance Program Local Access

Measured Rate Local Access Trunk Usage

Message Rate Local Access Trunk Usage

Public Access Line (PAL) Service

Residential Local Access—including Flat Rate, Multiparty, and Extended Area Service

Residential Measured Usage

THE FOLLOWING IS A NON-EXCLUSIVE LISTING OF CATEGORIES OF REVENUE NOT REPRESENTING THE RETAIL SALE OF LOCAL ACCESS SERVICES AND THEREFORE EXCLUDED FROM THE DEFINITION OF "GROSS REVENUES" AND, THEREFORE, ARE NOT INCLUDED IN THE CALCULATION OF ANY FEE DUE TO THE TOWN.

Proceeds from the sale of bonds, mortgages, or other evidences of indebtedness, securities or stocks;

Bad debt write-offs and customer credits

Revenue from directory advertising

Any amounts collected from customers that are to be remitted to a federal or state agency as part of a Universal Service Fund or other government program, including but not limited to support for the hearing impaired

Any amounts collected for taxes, fees, or surcharges and paid to the federal, state or local governments

Revenues from internet access

Revenues from digital or other electronic content, such as computer software, music and video downloads

Revenues from equipment sales, rentals, installation and maintenance

Revenues from any carrier purchased for resale

Revenues from private line services not for switched local access service

 

ORDINANCE NO. 1201

AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO MIXED-USE A PORTION OF A PARCEL DESCRIBED AS LOTS 1 AND 3 AND THE SOUTH 2 FEET AND EAST 60 FEET OF LOT 5, BLOCK 1 OF THE SCHADEL SUBDIVISION (1419 CORBIN STREET).

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 22nd day of May, 2012.

(Seal)
/s/ James R. Marshall, Mayor
/s/ Yolanda C. Holguin, Acting Town Clerk

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, May 22, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The Public Hearing will consider Approval / Disapproval of Ordinance No. 1201: an Ordinance amending the Town's Official Zoning Map from Commercial to Mixed-Use a portion of a parcel described as Lots 1 and 3 and the south 2 feet and east 60 feet of Lot 5, Block 1 of the Schadel Subdivision (1419 Corbin St.)

The Silver City Museum Board will hold a meeting on Thursday, May 24, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, June 12, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearings will consider: A.) Approval / Disapproval of Ordinance 1204: an Ordinance amending the Town's Official Zoning Map by rezoning from Commercial to Historic Downtown Commercial a parcel described as the East 56.10 feet of Lots 1 and 3 of Block 62 of Fraser's Survey of the original Townsite of Silver City, Grant County, New Mexico (101 N. Bayard St.) and B.) Approval / Disapproval of Ordinance 1205: an Ordinance amending the Town's Official Zoning Map by rezoning from Commercial to Historic Downtown Commercial a parcel described as all of the East 36.50 feet of Lots 2, 4, 6, and 8, and part of the West 35.00 feet of Lots 1, 3, 5, and 7, of Block 97 of Fraser's Survey of the original Townsite of Silver City, Grant County, New Mexico (608 W. Yankie St.)

The Town of Silver City Council will hold a Special Meeting on Thursday, May 24, 2012 at 9:00 a.m. at the City Hall Annex, 1203 N. Hudson St., Silver City, New Mexico. The agenda includes: Approval / Disapproval of Resolution No. 2012-17: Preliminary Budget for Fiscal Year 2012-2013. The public is invited to attend.

The Town of Silver City Planning and Zoning Commission will hold a Public Hearing during its regular meeting at 7:00 p.m. on Tuesday, June 5, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider ZC 12-05: A Zone Change request for numerous tracts of land in the Silver City and Chihuahua Hill historic overlay districts. The request is to amend the Official Zoning Map for the following properties from their current zoning to the Historic Downtown Commercial zoning district.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, May 23, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, May 22, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearing will consider A. Approval / Disapproval of Ordinance No. 1201: an Ordinance amending the Town's Official Zoning Map from Commercial to Mixed-Use a portion of a parcel described as Lots 1 and 3 and the south 2 feet and east 60 feet of Lot 5, Block 1 of the Schadel Subdivision (1419 Corbin St.)

The Town of Silver City Town Council will hold a regular meeting on Tuesday, May 8, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, May 9, 2012, in the second floor conference room of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, May 3, 2012 in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Town of Silver City Council has acnceled a Special Meeting previously scheduled for Wednesday, May 2, 2012 at 4:00
pm at the City Hall Annex, 1203 N. Hudson St., Silver City, New Mexico.

The Town of Silver City Lodgers’ Tax Advisory Board will hold a Closed Meeting pursuant to NMSA 1978 Section 10-5-1(H)(6) to discuss competitive sealed proposals solicited pursuant to the Procurement Code (NMSA 1978 Section 13-1-28). The meeting will be held at the Inn on Broadway, 411 W. Broadway, at 1:00 p.m. on Wednesday, May 9, 2012.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Wednesday, May 2, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold a regular meeting on April 24, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider approval / disapproval of Restaurant Liquor License for On Premise Consumption Only, License/Application No. A-808503, Applicant Name: Laughing Tortoise LLC, DBA: Tre Rosat Café, proposed location: 304 N. Bullard St., Silver City, NM.

The Town of Silver Planning and Zoning Commission will hold a Public Hearing during their regular meeting at 7:00 p.m. on Tuesday, May 1, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, May 9, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, April 25, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Silver City Museum Board will hold a joint meeting with the Museum Society Board on Thursday, April 19, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold a regular meeting on April 10, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, April 11, 2012, in the Community Development Department at the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Town Council will hold a regular meeting on April 10, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Town Council will hold a Public Hearing during their regular meeting on April 24, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The public hearing will consider: A. Approval / Disapproval of Restaurant Liquor License for On Premise Consumption Only, License/Application No. A-808503, Applicant Name: Laughing Tortoise LLC, DBA: Tre Rosat Café, proposed location: 304 N. Bullard St., Silver City, NM.

Notice is hereby given that on March 29, 2012 the Town Council of the Town of Silver City, New Mexico adopted Ordinance No. 1195 (the "Ordinance") relating to the authorization and issuance of the Town's Taxable Industrial Revenue Bond (NRG Solar Silver City LLC Project ) Series 2012 (the "Bond"). Complete copies of the Ordinance are available for public inspection during normal and regular business hours of the Town Clerk in Silver City Town Hall, Silver City, New Mexico. The title and subject matter of Ordinance is as follows:


AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN OF SILVER CITY, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BOND (NRG SOLAR SILVER CITY LLC PROJECT), SERIES 2012 IN THE MAXIMUM PRINCIPAL AMOUNT OF $4,000,000 TO PROVIDE FUNDS TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A SOLAR POWER FACILITY FOR THE PURPOSE OF GENERATING ELECTRICITY; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE AGREEMENT, A BOND PURCHASE AGREEMENT, BOND, AND OTHER DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BOND AND THE PROJECT; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE BOND AND THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE.

A summary of the subject matter of the Ordinance is contained in its title. This notice constitutes compliance with Sections 6-14-6 NMSA 1978.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, April 5, 2012 in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, April 11, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council has re-scheduled their regular meeting from March 27, 2012 to Thursday, March 29, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, March 28, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Town of Silver City Council has changed the date of the next regular Council meeting from Tuesday, March 27, 2012 to Thursday, March 29, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. Agendas are available prior to the meeting and may be obtained at City Hall, 101 W. Broadway and City Hall Annex, 1203 North Hudson, or on the Town's website, www.townofsilvercity.org. Agenda items may be added or deleted until 5:00 PM of the day before the meeting. If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid service to attend or participate in the hearing or meeting, contact the Town Clerk at 534-6346 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact The Town Clerk if summary or other type of accessible format is needed.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, March 28, 2012, in the upstairs conference room of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver Planning and Zoning Commission will hold Public Hearings during their regular meeting at 7:00 p.m. on Tuesday, April 3, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The public hearings will consider: A.) DA 12-01 A request for a Dimensional Adjustment permit for a tract of land addressed as 2707 Highway 180, Silver City, NM. The applicant is Duane Bingham. A Dimensional Adjustment would allow the applicant to modify by 10 percent or less the parking requirement for a commercial building from 88 to 81. B.) ZC 12-01 A Zone Change request for a parcel addressed as 1419 Corbin, Silver City, NM. The request is to amend the Official Zoning Map that for property described as Lots 1 and 3, Block 1 of the Schadel Addition from Commercial District to Mixed-use District. The applicant is Emelia Imperiale.

Sealed proposals are being requested by the Town of Silver City, New Mexico, at City Hall, Purchasing Department, 101 West Broadway, Silver City, New Mexico.

Proposals duly delivered and submitted will be opened and read for providing the following services, on the date and time reflected below:


Any proposals received after stated closing date and time will be returned unopened.  Further details regarding this proposal may be obtained at the Purchasing Department of the Town of Silver City, by calling (575) 538-3731 ext 6373 or on the Town of Silver City’s website at www.townofsilvercity.org.

Until the final award by the Council of the Town of Silver City, said Town reserves the right to reject any and/or all proposals, to waive technicalities, to re-advertise, to proceed or otherwise when the best interest of the Town will be realized hereby.  Proposals will be submitted sealed and plainly marked with the date and time of opening.

Town of Silver City
By: Anita Norero
Purchasing Agent

•    Tear sheet and notarized affidavit must be sent with all invoices.

 

AN ORDINANCE AMENDING CHAPTER 42, BY ADDING A NEW ARTICLE VII TO THE TOWN OF SILVER CITY MUNICIPAL CODE, RELATING TO THE USE, IMPROVEMENT AND DEVELOPMENT OF TOWN-OWNED PARKS, TRAILS AND OPEN SPACES BY FRANCHISEE’S WITHIN THE TOWN LIMITS OF THE TOWN OF SILVER CITY, GRANT COUNTY, NEW MEXICO.

INTRODUCED BY MAYOR JAMES R. MARSHALL

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 13th day of March, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Mar. 13, 2012

 AN ORDINANCE GRANTING TO PUBLIC SERVICE COMPANY OF NEW MEXICO, A NEW MEXICO CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO FURNISH ELECTRICITY WITHIN THE TOWN OF SILVER CITY, NEW MEXICO, AND GRANTING TO PUBLIC SERVICE COMPANY OF NEW MEXICO, A NEW MEXICO CORPORATION, THE RIGHT TO USE ANY PUBLIC HIGHWAY, STREET, ALLEY, ROAD OR OTHER PUBLIC PLACE. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF SILVER CITY, NEW MEXICO:

ARTICLE I - SHORT TITLE

This Franchise Ordinance between Public Service Company of New Mexico, a New Mexico corporation ("PNM" or “Company”) and its successors and assigns and the Town of Silver City ("Town") shall be known as the "Electric Franchise Ordinance."

ARTICLE II - GRANT OF FRANCHISE

SECTION 1. The Town hereby grants to PNM, subject to the terms and conditions herein, the Electric Franchise Ordinance to provide electric service to all areas within the municipal boundaries of the Town as now existing or hereafter extended and all rights necessary to provide such electric service, including the right to construct, install, remove, change, alter, improve, operate and maintain an electric plant, system and facilities as may be necessary or reasonably convenient for the proper operation of such electric system in, upon, across or under any public highway, street, alley, road or other public place now or hereafter dedicated, owned or controlled by the Town within the municipal boundaries, as now existing or hereafter extended. The extent of the use of rights-of-way and “public places” shall not, however, include public safety and fire department facilities.

SECTION 2. All Company electric plant, system and facilities located within Town’s dedicated parks and open spaces (or land later so dedicated), and designated trails will be in conformance with the Municipal ordinances then in effect within the Town. The Town and Company agree that electric plant, system and facilities placed contrary to this Section prior to the effective date of this Electric Franchise Ordinance, but in conformance with the immediately prior Electric Franchise Ordinance, shall not constitute a breach of this Electric Franchise Ordinance, BUT SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE VII, SECTION 1, OF THIS FRANCHISE AGREEMENT.

SECTION 3. If after the effective date of this Electric Franchise Ordinance, should there be any new enactment or promulgation of any law, regulation or order that changes Company’s or the Town’s rights or obligations under this Electric Franchise Ordinance, or that pertains to any of the terms or provisions herein, including, but not limited to, the imposition, payment, collection or treatment of the franchise fees payable hereunder, then the Town and Company, by providing written notice to the other party, each shall have the right to request that affected portions of this Electric Franchise Ordinance be amended.

SECTION 4. The Town, in granting this Electric Franchise Ordinance, surrenders no privileges or rights that it may have of owning or installing any system of light, heat or power and furnishing the same to the Town and the inhabitants thereof.

SECTION 5. The Electric Franchise Ordinance rights and privileges extended by this grant shall never be construed or held to be exclusive. The Town retains and shall ever be considered as having and retaining the right and power to allow and to grant to any other person, firm or corporation and other electrical companies, electric franchise rights and privileges to be exercised in and upon its streets, highways, alleys, roads and other public places.

SECTION 6. This Electric Franchise Ordinance and all rights granted under the Electric Franchise Ordinance are subject to the lawful exercise of the police powers the Town now has or may later obtain, and are further subject to the exercise of the Town’s rights as property owner under state and federal laws. Except as expressly set forth herein, neither the granting of this Electric Franchise Ordinance or any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power of the Town.

 

ARTICLE III - TERM

All grants and privileges herein granted and conferred upon PNM, its legal representatives, successors and assigns, shall continue in full force and effect for a period of twenty-five (25) years from the date of this Electric Franchise Ordinance.

 

ARTICLE IV - DUTY TO SUPPLY SERVICE

SECTION 1.  PNM will strive to furnish adequate, efficient and reasonable service. Interruption of service should be reported promptly to PNM. PNM will endeavor to restore service within a reasonable time.

SECTION 2. PNM will use reasonable diligence to furnish a regular and uninterrupted supply of energy, provided, however, that service interruptions or partial interruptions may occur or service may be curtailed or fail as a result of circumstances beyond the control of PNM, or be caused by public enemies, accidents, strikes, legal processes, governmental restrictions, fuel shortages, breakdown or damages to generation, transmission or distribution facilities of PNM, and repairs or changes in PNM’s generation, transmission or distribution facilities. The Company shall timely respond to emergency situations and cooperate with the Town in achieving prompt responses to such emergencies. The Company shall notify Grant County Regional Dispatch Authority of any material electrical system outage within a reasonable period of time after the Company knows of such outage.

SECTION 3. This Electric Franchise Ordinance constitutes a franchise agreement between the Town and PNM as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

 

ARTICLE V - RATES TO BE CHARGED

The rates to be charged by PNM for furnishing electricity shall be those rates effective by tariffs filed with the New Mexico Public Regulation Commission (“NMPRC”), as the same may be amended from time to time, in accordance with the rules and regulations of the NMPRC and the statutes of the State of New Mexico.

 

ARTICLE VI - CONSTRUCTION ACTIVITIES

SECTION 1. Municipal Ordinances. All construction activities of PNM within the municipal limits of the Town will be in conformance with the Municipal ordinances then in effect within the Town, and with Town-specified design and construction standards as may apply by provision of the Town’s Municipal Code.

SECTION 2. Excavations and Pole Placements. PNM shall have the right to excavate any public highway, street, alley, road or other public place now or hereafter dedicated, owned or controlled by the Town within its municipal boundaries, as now existing or hereafter extended; subject to the limitations provided herein this Electric Franchise Ordinance and the Town's Municipal Code. There will be no unreasonable delay in backfilling such excavations, and all such excavations shall be restored by PNM in accordance with valid ordinances and regulations which may be adopted by the Town to reasonably control and monitor such activities. If such ordinances and regulations are not adopted or effective, it shall then be the responsibility of PNM to restore such property, insofar as practicable, to the original condition of such property. PNM shall coordinate its excavation with the Town, including public safety and public works departments.

SECTION 3. Tree Trimming and Obstructions. PNM shall have the right and authority to trim trees overhanging or within any public way to remove any obstruction within any public way in order to eliminate or minimize interferences with its plant, lines or system.

 

ARTICLE VII - RELOCATION OR REMOVAL OF FACILITIES

SECTION 1. PNM, at its expense, shall protect, support, temporarily disconnect, relocate or remove along, under, or over any street, alley, or any other public place, PNM's equipment or facilities when reasonably required by the Town for reasons of public safety, street excavation, street construction or the change or establishment of street grade; provided however, that this provision shall not apply to any relocations made pursuant to the Urban Renewal Law (Section 3-46-1 to 3-46-45 NMSA 1978 Comp.) for which total reimbursement is made from federal funds. PNM also agrees to remove abandoned utility poles once all pole attachers have removed their facilities from PNM’s pole. Notwithstanding the foregoing, if PNM abandons a utility pole, which then becomes the property of any pole attachers, such as cable companies or telephone companies, pursuant to a pole attachment or joint use agreement, PNM shall not be obligated to remove such pole.

SECTION 2. Within a reasonable time of the Town’s written request, Company shall provide the Town a list of all pole attachers which the Company has contracted with to attach to the Company’s facilities located in the public highway, street, allay, road or other public place dedicated, owned or controlled by the Town within the municipal boundaries. Notwithstanding the foregoing, the Company shall have no obligation to provide any information on such list under this Section to the extent disclosure of such information is limited by any confidentiality agreement or any law or regulation.

SECTION 3. Upon submittal by the Town of Town or other construction plans, the Company shall review and identify locations of wires and facilities within a reasonable time of the Town’s written request.

 

ARTICLE VIII - INDEMNITY

SECTION 1. PNM shall assume and pay all judgments rendered against it for damages to persons or property resulting from the construction or operation of its electric business within the Town, both present and as may be extended during the life of this Electric Franchise Ordinance. PNM agrees to indemnify the Town, its officers, agents and employees against all judgments against the Town, its officers, agents and employees resulting from PNM's own negligence in the construction or operation of its electric facilities within the Town.

SECTION 2. Any liability incurred by the Town in connection with this Electric Franchise Ordinance is subject to the immunities and limitations of the New Mexico Tort Claims Act, Section 41-4-1, et. seq. NMSA 1978, as amended. The Town and its “public employees” as defined in the New Mexico Tort Claims Act, do not waive sovereign immunity, do not waive any defense and do not waive any limitation of liability pursuant to law. No provision in this Electric Franchise Ordinance modifies or waives any provision of the New Mexico Tort Claims Act.

 

ARTICLE IX - FRANCHISE FEE

SECTION 1. PNM, for and in consideration of the Town's granting of this Electric Franchise Ordinance, and as the fee for the permit to occupy, and as a rental for the occupation, use, easement, or right-of-way in, upon, across and under any highway, street, alley, road or any other public place in the Town, shall pay to the Town during January, April, July and October of each year during all the time these provisions shall remain in full force and effect, a total aggregate sum of two and one half percent (2.50%) of the gross receipts which PNM receives from the sale of electricity within the municipal boundaries of the Town for the next preceding three months’ period to residential and commercial customers as classified by PNM’s rate schedules. PNM shall make payments on a quarterly basis, on or before the 30th day following the close of each quarter, to the Treasurer of the Town. Concurrently with each payment, PNM shall furnish a written report showing the amount of such gross receipts for the quarter involved. The Town agrees that the franchise fee and payments made hereunder are and shall be in lieu of any and all other franchise, license, privilege, occupation, excise or revenue tax (except general ad valorem property taxes, and special assessments for local improvements, and locally adopted gross receipts tax increments) upon the business, revenue or property of PNM, or any part thereof, situate in the Town during the term of this Electric Franchise Ordinance.

SECTION 2. The Town may, from time to time, during business hours and upon reasonable advance written notice, inspect and audit, at its own cost, PNM’s books and records that are directly related to the payment of the franchise fees and for the purpose of determining whether franchise fees have been accurately computed and paid pursuant to this Article IX. SECTION 3. The Town shall notify PNM in writing of any changes in the municipal boundaries of the Town within thirty (30) days of any extension or contraction of such municipal boundaries becoming effective. Such notice shall be delivered to: Public Service Company of New Mexico Attn: Tax Department; MS 2708 Alvarado Square Albuquerque, NM 87158 The notice shall provide a description of the new and former municipal boundaries and provide PNM copies of all annexation ordinances and maps. PNM shall have no obligation to calculate, collect or pay the franchise fee attributable to any newly extended municipal boundaries until thirty (30) days have elapsed from PNM’s receipt of such notice.

 

ARTICLE X - INSURANCE

Company at its own cost and expense, shall carry and maintain in full force and effect during the term of this Electric Franchise Ordinance, commercial general liability insurance covering bodily injury and property damage liability, with limits of coverage in the maximum amount which the Town could be held liable under the New Mexico Tort Claims Act for each person injured and for each accident resulting in damage to property. Insurance required under this Article X may be satisfied by equivalent coverage provided by excess liability insurance. Such excess liability insurance may be excess of self-insured retention amounts usually maintained by the Company in the conduct of its business.

 

ARTICLE XI - ACCEPTANCE

SECTION 1. PNM shall, within thirty (30) days after the passage and approval of this Electric Franchise Ordinance, file in the office of the Town Administrator of the Town of Silver City, New Mexico, a written statement of acceptance duly signed and acknowledged by the proper officer of PNM authorized to execute such acceptance.

SECTION 2. In the event such acceptance is not filed within said period, this Electric Franchise Ordinance and the rights, privileges and franchises granted hereunder shall be terminated and void; PROVIDED, HOWEVER, the Town may by resolution extend the time herein for the filing of such acceptance for an additional period.

SECTION 3. This Electric Franchise Ordinance, if accepted by PNM as hereinbefore provided, shall supersede, cancel and be in lieu of any and all other existing or prior grants of rights, permission and authority to PNM or any predecessor companies or assignors of PNM to construct, operate and maintain any system for the production, transmission, distribution and sale of electricity for lighting, heating, power or other purpose within this Town, more particularly the rights granted under Town of Silver City Ordinance No. 1103, dated January 11, 2005 to the Company’s predecessor in interest, Texas-New Mexico Power Company.

ARTICLE XII - AMENDMENT, ADDENDUM AND VENUE

At any time during the term of this Electric Franchise Ordinance, the Town or the Company may propose an amendment or addendum to this Electric Franchise Ordinance by giving thirty (30) days written notice to the other of the proposed amendment or addendum desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment. Such amendment shall become effective upon adoption and passage by the Town in accordance with the requirements of local and state law. In the event that suit shall be brought by either party, the parties agree that venue shall be exclusively vested in the Second or Sixth Judicial District Court of New Mexico or, where otherwise appropriate, exclusively in United States District Court for the District of New Mexico.

 

ARTICLE XIII - PARTIAL INVALIDITY

If any section, paragraph, subdivision, clause, phrase, or provision of this Electric Franchise Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Electric Franchise Ordinance as a whole or any part of the provisions hereof, other than the part so decided to be invalid or unconstitutional.

PASSED, ADOPTED AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, this 13th day of March, 2012.

(Seal)
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, March 13, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The public hearing will consider Approval / Disapproval of Request for a Restaurant Liquor License, Application #804271, Applicant Name: James Politte, III, DBA: 1 Zero 6, Proposed Location: 106 N. Texas St., Silver City, NM 88061.

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, March 14, 2012, in the upstairs conference room of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

A quorum of the Town of Silver City Council may attend the official canvass of the municipal election on Thursday, March 8, 2012 at 4:00 pm at City Hall, 101 W. Broadway, Silver City, NM. Also, a quorum of the Council may attend the swearing in ceremony of elected officials on Monday, March 12, 2012 at 4:00 pm at the Grant County Administration Building, 1400 Hwy. 180 E., Silver City, NM. No action will be taken by the Council at either event.

The public is invited to attend the Swearing-In Ceremony of the newly elected officials of the Town of Silver City to be held on Monday, March 12, 2011 at 4:00 p.m. at the Grant County Administration Center, 1400 Highway 180 East, Silver City, New Mexico. A quorum of the Town Council may be present, but no action will be taken.

A Public Meeting will be held on Wednesday, March 7, 2012, at 10:00 AM in the second floor conference room of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City to present information on a proposed amendment and boundary increase to the Silver City Historic District to the Silver City Design Review Board, property owners and the general public. The historic district is currently listed in the State and National Registers District (NR# 375377, SR# 197).

The amended nomination proposes to expand the period of significance from 1930 to 1960 to allow the inclusion of additional important landmark buildings. This amendment adds a block of Bullard Street, which lies immediately south of the original (current) district boundary. The block is bound by Bullard Street on the west, East Spring Street on the north, the “Big Ditch” on the east, and East San Vicente Street on the south.

A copy of the nomination amendment and boundary increase is available for review on the New Mexico Historic Preservation website at http://www.nmhistoricpreservation.org/cprc/pendingnominations.html and on the Town of Silver City website. If you have any questions, please contact Terry Moody, State and National Register Coordinator, at (505) 476-0444 or Terry.Moody@state.nm.us.

Silver City, as a Certified Local Government, will make a recommendation to the State Historic Preservation Division on whether the Design Review Board and/or chief elected official support or oppose the changes to the Silver City Historic District nomination and boundary increase.

A second Public Meeting will be held by the Cultural Properties Review Committee (CPRC) on Friday, April 13, 2012, at 1:00 PM to consider the amendment and boundary increase for the Silver City Historic District, taking into account Silver City’s recommendation. This meeting will be in held in the Old Senate Chambers on the second floor of the Bataan Memorial Building, 407 Galisteo St., Santa Fe. Silver City officials and the public are cordially invited to attend and to provide testimony. The CPRC makes final decisions on State-Register listings and makes a recommendation to the Keeper of the National Register for National Register listings.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, March 14, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO HISTORIC DOWNTOWN COMMERCIAL A PORTION OF A PARCEL DESCRIBED AS THE EAST 80 FEET OF LOTS 1, 3, 5, 7, 9, 11, 13, AND 15 OF BLOCK 27 OF THE FRASER SURVEY (503 SPRING STREET).

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 28th day of February, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Feb. 28, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO MIXED-USE LOTS 6 AND 8 OF BLOCK 267 OF THE FRASER SURVEY (1412 N. BENNETT STREET).

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 28th day of February, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Feb. 28, 2012

The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.

Notice is hereby given of the title and of a general summary of the subject matter contained in Ordinance No. 1196, duly adopted and approved by the Governing Body of the Town of Silver City, New Mexico, on February 28, 2012, relating to the authorization of a Power Purchase Agreement and Site Lease. Complete copies of the Ordinance are available for public inspection during the normal and regular business hours of the Town Clerk, Silver City Town Hall, 101 W. Broadway, Silver City, New Mexico.

The title of the Ordinance is:
Ordinance No. 1196

AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A POWER PURCHASE AGREEMENT BY AND BETWEEN THE TOWN OF SILVER CITY AND NRG SOLAR SILVER CITY LLC FOR THE PURPOSE OF OBTAINING GUARANTEED SAVINGS IN THE TOWN'S COST OF ELECTRICITY DURING THE TERM OF THE POWER PURCHASE AGREEMENT; AND PROVIDING FOR THE PLEDGE OF UTILITY COST SAVINGS FOR THE PURPOSE OF SECURING PAYMENT OF AMOUNTS DUE UNDER THE POWER PURCHASE AGREEMENT; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; REPEALING ALL ACTION IN CONFLICT HEREWITH.

A general summary of the subject matter contained in the Ordinance is set forth in its title. This notice constitutes compliance with § 6-14-6 N.M.S.A. 1978.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Tuesday, March 6, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, February 28, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The public hearings will consider: A.) Approval/Disapproval of Ordinance No. 1199: A Zone Change request for a parcel addressed as 1412 N. Bennett Street, Silver City, NM. The request is to amend the Official Zoning Map for that property described as Lots 6 and 8, Block 267 of the Fraser Addition from Commercial District to Mixed-use District. The applicant is Darlene Dawn Gray.  B.)  Approval/Disapproval of Ordinance No. 1200: A request for a Map Amendment/Zone Change for a tract of land addressed as 503 Spring Street, Silver City, NM, which is currently in two zoning districts. The parcel is described as part of Lots 1, 3, 5, 7, 9, 11, 13, and 15, Block 27 of the Fraser Addition. The request is to amend the Official Zoning Map for that portion of the property within the Commercial District to Historic Downtown Commercial District. The applicants are Robert and Marian Reimann.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, March 1, 2012 in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

The Town of Silver City Planning and Zoning Commission will hold its regular meeting at 7:00 p.m. on Tuesday, March 6, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. During the meeting the commission with hold a community forum on traffic safety and congestion in the Alabama Street neighborhood.

The Town of Silver City Town Council will hold a Public Hearing during its regular meeting at 6:00 p.m. on Tuesday, March 13, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The Public Hearing will consider: A.) Approval / Disapproval of Request for a Restaurant Liquor License, Application #804271, Applicant Name: James Politte, III, DBA: 1 Zero 6, Proposed Location: 106 N. Texas St., Silver City, NM 88061.

Notice is hereby given of the title and of a general summary of the subject matter contained in Town Resolution No. 2012-06 duly adopted and approved by the Silver City Town Council on February 13, 2012, relating to the details of the Town's Gross Receipts Tax Improvement Revenue Bonds, Series 2012 as authorized pursuant to its Ordinance No. 1192 duly adopted by the Council on January 10, 2012. Complete copies of the Sale Resolution are available for public inspection during the normal and regular business hours of the Town Clerk, 101 West Broadway, Silver City, New Mexico.

The title of the Resolution is:

TOWN OF SILVER CITY, NEW MEXICO
RESOLUTION NO. 2012-06

RELATING TO THE TOWN OF SILVER CITY, NEW MEXICO GROSS RECEIPTS TAX IMPROVEMENT REVENUE BONDS, SERIES 2012; ESTABLISHING THE EXACT AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OF $800,000, MATURITY DATES, RATES OF INTEREST, REDEMPTION FEATURES AND PRICE WITH RESPECT TO SUCH BONDS IN ACCORDANCE WITH TOWN ORDINANCE NO. 1192 ADOPTED ON JANUARY 10, 2012; APPROVING DOCUMENTS RELATING TO THE BONDS; AND RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH.

The title sets forth a general summary of the subject matter contained in the Resolution.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, February 22, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Silver City Museum Board and the Silver City Museum society will hold a joint meeting on Thursday, February 16, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM.

The Town of Silver City Town Council will hold Public Hearings during its regular meeting at 6:00 p.m. on Tuesday, February 28, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The public hearings will consider: A.) Approval/Disapproval of Ordinance No. 1199: A Zone Change request for a parcel addressed as 1412 N. Bennett Street, Silver City, NM. The request is to amend the Official Zoning Map for that property described as Lots 6 and 8, Block 267 of the Fraser Addition from Commercial District to Mixed-use District. The applicant is Darlene Dawn Gray. B.) Approval/Disapproval of Ordinance No. 1200: A request for a Map Amendment/Zone Change for a tract of land addressed as 503 Spring Street, Silver City, NM, which is currently in two zoning districts. The parcel is described as part of Lots 1, 3, 5, 7, 9, 11, 13, and 15, Block 27 of the Fraser Addition. The request is to amend the Official Zoning Map for that portion of the property within the Commercial District to Historic Downtown Commercial District. The applicants are Robert and Marian Reimann.

The Town of Silver City Historic Design Review Committee will hold a special meeting at 10:00 a.m. on Wednesday, March 7, 2012, in the second floor conference room of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico.

The Town of Silver City Council has changed the date of the next regular Council meeting from Tuesday, February 14, 2012 to Monday, February 13, 2012 at 6:00 p.m. at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. Agendas are available prior to the meeting and may be obtained at City Hall, 101 W. Broadway and City Hall Annex, 1203 North Hudson, or on the Town's website, www.townofsilvercity.org. Agenda items may be added or deleted until 5:00 PM of the day before the meeting. If you are an individual with a disability who needs a reader, amplifier, qualified sign language

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, February 8, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

The Town of Silver City Mayor’s Climate Protection Citizens Advisory Committee will hold a meeting on Wednesday, February 1, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Town of Silver City Planning and Zoning Commission will hold Public Hearings during its regular meeting at 7:00 p.m. on Tuesday, February 7, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, January 24, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold a regular meeting at 6:00 p.m. on Tuesday, January 24, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend.

The Silver City Museum Board will hold a meeting on Thursday, January 26, 2012 at 5:15 PM at the Museum Annex Building, 302 West Broadway, Silver City, NM. The public is invited to attend.

The Town of Silver City Planning and Zoning Commission will meet in a training session at 5:30 p.m. on Monday, January 23, 2012, at the Town of Silver City Annex 2nd Floor Conference Room, 1203 Hudson Street, Silver City, New Mexico. The public may attend the training session, however, public participation in the training discussions will not be permitted. There are no action items on the agenda.

The Cemetery Board of the Town of Silver City will hold a regular meeting on Wednesday, January 25, 2012 at 1:30 PM at the Public Works Administration Building, 610 East 8th St., Silver City, New Mexico.

The Recycling Advisory Committee will hold a regular meeting at 3:00 PM on Thursday, Jan. 19, 2012 in the conference room at Southwest Solid Waste Authority at 318 Ridge Rd., Silver City, N.M. The public is invited to attend.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City,  Grant County, New Mexico, 10th day of January, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Jan. 10, 2012

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 10th day of January, 2012.

/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Jan. 10, 2012

Notice is given of the adoption by the Town Council of the Town of Silver City, New Mexico of its Ordinance No. 1192 on January 10, 2012, relating to Town of Silver City, New Mexico Gross Receipts Tax Improvement Revenue Bonds, Series 2012. The title of the Ordinance is:

AUTHORIZING THE ISSUANCE OF THE TOWN OF SILVER CITY, NEW MEXICO GROSS RECEIPTS TAX IMPROVEMENT REVENUE BONDS, SERIES 2012 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 FOR THE PURPOSE TO (1) FINANCE ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS FOR THE BENEFIT OF THE TOWN AND ITS RESIDENTS, AND (2) PAY COSTS OF ISSUANCE OF THE SERIES 2012 BONDS; PROVIDING THAT THE SERIES 2012 BONDS WILL BE PAYABLE AND COLLECTIBLE FROM AND SECURED BY A PLEDGE OF (1) THE GROSS RECEIPTS TAX DISTRIBUTED TO THE TOWN PURSUANT TO SECTION 7-1-6.4 NMSA 1978, AS AMENDED (THE “STATE-SHARED GROSS RECEIPTS TAX”), AND (2) THE 1/4th PERCENT MUNICIPAL GROSS RECEIPTS TAX DISTRIBUTED TO THE TOWN PURSUANT TO SECTION 7-19D-9 NMSA 1978, AS AMENDED, AND TOWN ORDINANCE NO. 671 ADOPTED AUGUST 17, 1981; PROVIDING FOR THE DISPOSITION OF THE RECEIPTS DERIVED FROM SAID TAX PROCEEDS; PROVIDING THAT CERTAIN TERMS OF THE BONDS WILL BE PROVIDED IN A SUBSEQUENT RESOLUTION; PRESCRIBING OTHER DETAILS CONCERNING THE BONDS AND TAX PROCEEDS, INCLUDING BUT NOT LIMITED TO COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH AND THE FORM, TERMS, CONDITIONS AND MANNER OF EXECUTION OF THE BONDS; RATIFYING ALL ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; AND REPEALING ORDINANCES IN CONFLICT HEREWITH.

The title sets forth a general summary of the subject matter contained in the ordinance. Complete copies of the ordinance are on file in the Office of the Town Clerk and are available for inspection and/or purchase during regular office hours. This Notice constitutes compliance with Sections 6-14-4 through 6-14-7 NMSA 1978, and Section 3-17-3, NMSA 1978. The complete ordinance is posted on the Town’s website, www.townofsilvercity.org.

(s) Ann L. Mackie, Town Clerk January 11, 2012

An Ordinance authorizing the sale of that Town property described as Lot 7 Block 7, San Vicente Subdivision, Silver City, Grant County, New Mexico.

The terms of the sale or lease: the fees and closing costs, including appraisal and surveyor fees, all escrow fees, and Seller's attorney fees in the amount of $50.00 shall be paid by the buyer. The appraised value of the municipal utility facilities or real property:$8,800. The time and manner of payments on the lease or sale: shall be paid at closing with certified check; closing shall occur within 30 days of January 27, 2012. The amount of the lease or sale: the appraised value of $8,800. The identities of the purchasers or lessees: Charles N. or Clara T. Deming. The purpose for the municipality making the lease or sale: the property is non-essential to municipal purposes and its true usefulness is to only one party, the purchaser.

PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 13th day of December, 2011.

/s/ James R. Marshall, Mayor
/s/ Yolanda C. Holguin, Acting Town Clerk
Dec. 13, 2011

The Town of Silver City Historic Design Review Committee will hold a regular meeting at 2:00 p.m. on Wednesday, January 11, 2012, in the Community Development Department of the City Hall Annex/Bank of America building, 1203 N. Hudson St., Silver City, New Mexico. The public is invited to attend.

The Town of Silver City Council will hold Public Hearings during their regular meeting at 6:00 p.m. on Tuesday, January 10, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public hearings will consider: A.) Approval / Disapproval of Ordinance No. 1193: an Ordinance for a Map Amendment/Zone Change request # ZC 11-05 from Commercial to Mixed Use for property described as the Lot 7 of Block 227 of the Fraser’s Addition and addressed as 1113 N Bennett Street, Silver City, NM. The applicant is David Horcasitas. B.) Approval / Disapproval of Ordinance No. 1194: an Ordinance for a Map Amendment/Zone Change request # ZC 11-04 from Commercial to Mixed Use for property described as Lot 2, Block 268 of the Fraser’s Addition and addressed as 1400 N. Corbin Street, Silver City, NM. The applicant is Jeffrey Reese.

The Town of Silver City Mayor's Climate Protection Citizens Advisory Committee will hold a meeting on Wednesday, January 11, 2012, from 5:00 pm to 6:30 pm at the Aldo Leopold High School, 1422 Hwy. 180 E, Silver City, NM. The public is invited to attend.

The Silver City Public Library Board will hold a regular meeting at 4:15 pm on Wednesday, January 11, 2012, in the meeting room of the Public Library at 515 W. College Avenue, Silver City, NM. The public is invited to attend.

The Town of Silver City Council will hold a Special Meeting Work Session on Thursday, January 12, 2012 from 9:00 a.m. to 11:00 a.m. at the City Hall Annex/Bank of America Building upstairs conference room, 1203 N. Hudson St., Silver City, NM. The public is invited to attend. The work session is for discussion only of Notice of Intent Ordinance No. 1191: an Ordinance revising in its entirety Chapter 6 (Animals); Section 6-1 et seq. of the Town of Silver City Municipal Code. No action will be taken.

The Town of Silver City Council will hold a Public Hearing during their regular meeting at 6:00 p.m. on Tuesday, January 10, 2012, at the Grant County Administration Center, 1400 Hwy 180 East, Silver City, New Mexico. The public is invited to attend. The Public Hearing will consider: A.) Approval / Disapproval of Ordinance No. 1193: an Ordinance for a Map Amendment/Zone Change request # ZC 11-05 from Commercial to Mixed Use for property described as the Lot 7 of Block 227 of the Fraser’s Addition and addressed as 1113 N Bennett Street, Silver City, NM. The applicant is David Horcasitas. B.) Approval / Disapproval of Ordinance No. 1194: an Ordinance for a Map Amendment/Zone Change request # ZC 11-04 from Commercial to Mixed Use for property described as Lot 2, Block 268 of the Fraser’s Addition and addressed as 1400 N. Corbin Street, Silver City, NM. The applicant is Jeffrey Reese.