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Town Council
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Town Council Legal Notices
This section provides an archive and record of recent and past Legal Notices for the Town Council, including notices for meetings and events that have already taken place:
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Silver City has updated its annual Parks and Activity Directory, a booklet with information for all ages about all kinds of activity opportunities available in Silver City. Learn more!
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Sanitation Schedule
Schedules for the Town of Silver City recycling and refuse pick-up vary on some national holidays. See if your pick-up is effected!
Other useful sites:
Check out these sites for information on living, working and doing business in Silver City, Grant County, and New Mexico.
Town of Silver City
Box 1188
Silver City, NM 88062
575.538.3731
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Ordinances Online, Recent Ordinances and Notices of Intent
The Town of Silver City maintains its Code of Ordinances online for immediate access and review.
The Town's online documents are divided into two parts, easily accessible through the Municode system: Part 1: Charter of the Town of Silver City and its Amendments Part 2: The Town's Code of Ordinances
Recent Town Ordinances:
- Ordinance 1217
Posted: April 10, 2013.
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:
- all of Blocks 243, 254, 267 and 268 of the Fraser Survey of the Town of Silver City;
- 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;
- the east 70’ of Lots 1 and 3 of Block 266 of the Fraser Survey of the Town of Silver City;
- 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;
- 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 - Ordinance 1216
Posted: March 13, 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. - Ordinance 1215
Posted: February 27, 2013.
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. - Ordinance 1214
Posted: February 15, 2013.
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.
- Ordinance 1211
Posted: October 10, 2012.
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. - Ordinance 1213
Posted: September 13, 2012.
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. - Ordinance 1212
Posted: September 13, 2012.
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. - Ordinance 1210
Posted: September 13, 2012.
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. - Ordinance 1208
Posted: September 13, 2012.
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. - Ordinance 1209
Posted: August 24, 2012.
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. - Ordinance 1207
Posted: August 16, 2012.
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. - Ordinance 1206
Posted: August 15, 2012.
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. - Ordinance 1205
Posted: June 13, 2012.
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 STREET).
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
- Ordinance 1204
Posted: June 13, 2012.
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 STREET).
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
- Ordinance 1203
Posted: May 23, 2012.
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 1202
Posted: May 23, 2012.
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 1201
Posted: May 23, 2012.
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. - ORDINANCE 1195
Posted: March 30, 2012.
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:
TOWN OF SILVER CITY, NEW MEXICO
ORDINANCE NO. 1195
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. - ORDINANCE NO. 1198
Posted: March 14, 2012.
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
- ORDINANCE NO. 1197
Posted: March 14, 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
- Ordinance 1200
Posted: February 29, 2012.
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. - Ordinance 1199
Posted: February 29, 2012.
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. - Ordinance 1196
Posted: February 29, 2012.
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. - Ordinance 1194
Posted: January 11, 2012.
AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO MIXED USE LOT 2 OF BLOCK 268 OF THE FRASER SURVEY (1400 N. CORBIN STREET).
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 - Ordinance 1193
Posted: January 11, 2012.
AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO MIXED USE LOT 7 OF BLOCK 227 OF THE FRASER SURVEY (1113 BENNETT STREET).
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 - Ordinance 1192
Posted: January 11, 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 - Amended Legal Notice: Ordinane No. 1190
Posted: January 9, 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
- Ordinance 1190
Posted: December 14, 2011.
AN ORDINANCE AUTHORIZING THE SALE OF THAT TOWN PROPERTY DESCRIBED AS LOT 7 BLOCK 7, SAN VICENTE SUBDIVISION, SILVER CITY, GRANT COUNTY, NEW MEXICO.
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 - Ordinance 1188
Posted: November 10, 2011.
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-1 (DEFINITIONS), SECTION 6-4 (KEEPING OF DOGS AND CATS), SECTION 6-6 (KEEPING OF CATTLE, HORSES, FOWL OR LIVESTOCK RESTRICTED), SECTION 6-55 (CITATIONS; CONTENTS), SECTION 6-56 (FAILURE TO PAY PENALTY ASSESSMENT OR CORRECT VIOLATION), SECTION 6-78 (ANNUAL LICENSE; PERMIT) OF THE TOWN OF SILVER CITY MUNICIPAL CODE
Co-Sponsors: Councilor Cynthia Ann Bettison and Councilor Michael S. Morones
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 8th day of November, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Nov. 10, 2011
- Ordinance 1189
Posted: November 9, 2011.
AN ORDINANCE AMENDING APPENDIX C (LAND USE AND ZONING CODE OF 2010), ARTICLE VI (ADMINISTRATION), SECTION 6.1.1 (PLANNING AND ZONING COMMISSION) OF THE TOWN OF SILVER CITY MUNICIPAL CODE
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, 8th day of November, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Nov. 9, 2011
- Ordinance1186
Posted: November 9, 2011.
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 2, ARTICLE II (ELECTIONS), §2–50 (b)(1-4)) REORGANIZING EXISTING TOWN COUNCIL DISTRICTS OF THE TOWN OF SILVER CITY
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, 8th day of November, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Nov. 9, 2011 - Ordinance 1184
Posted: September 20, 2011.
Notice is given of the adoption by the Town Council of the Town of Silver City, New Mexico of its Ordinance No. 1184 on September 13, 2011, relating to Town of Silver City, New Mexico Gross Receipts Tax Improvement and Refunding Revenue Bonds, Series 2011.
The title of the Ordinance is:
AUTHORIZING THE ISSUANCE OF THE TOWN OF SILVER CITY, NEW MEXICO GROSS RECEIPTS TAX IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2011 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 FOR THE PURPOSE TO (1) FINANCE ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS FOR THE BENEFIT OF THE TOWN AND ITS RESIDENTS, (2) TO REFINANCE, PAY AND DISCHARGE CERTAIN OUTSTANDING DEBT OF THE TOWN, AND (3) PAY COSTS OF ISSUANCE OF THE SERIES 2011 BONDS; PROVIDING THAT THE SERIES 2011 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 1/8th PERCENT MUNICIPAL GROSS RECEIPTS TAX DISTRIBUTED TO THE TOWN PURSUANT TO SECTION 7-19D-9 NMSA 1978, AS AMENDED, AND TOWN ORDINANCE NO. 722, AS AMENDED BY TOWN ORDINANCE NO. 1181; 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.
- Ordinance 1183
Posted: September 14, 2011.
ORDINANCE NO. 1183
TO ADOPT AN ORDINANCE AMENDING CHAPTER 16, SECTIONS 16-42 AND 16-46 OF THE TOWN OF SILVER CITY MUNICIPAL CODE, RELATING TO THE COMPOSITION 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, 13th day of September, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
Sept. 13, 2011
The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.
- Ordinance 1181
Posted: August 16, 2011.
AN ORDINANCE AMENDING TOWN ORDINANCE NO. 722 PASSED, ADOPTED AND APPROVED BY THE GOVERNING BODY OF THE TOWN OF SILVER CITY, NEW MEXICO ON AUGUST 30, 1984, RELATING TO THE IMPOSITION OF AN INCREMENT OF MUNICIPAL GROSS RECEIPTS TAX.
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver
City, Grant County, New Mexico, 15th day of August, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
August 16, 2011 - Ordinance 1180
Posted: July 27, 2011.
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 18, ARTICLE III. (FIRE CODE), §18–51 (d) BY ADDING A NEW SUBSECTION REGARDING RESTRICTIONS ON THE SALE AND USE OF FIREWORKS DURING PERIODS OF EXTREME OR SEVERE DROUGHT
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 July, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
July 26, 2011
- Ordinance 1179
Posted: July 13, 2011.
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 52 (UTILITIES), BY ADDING A NEW SECTION 52-75 (SEPTAGE AND GREASE WASTE RATES AND CHARGES)
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, 12th day of July, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
July 12, 2011 - Legal Notice: Ordinance 1178
Posted: May 25, 2011.
AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO HISTORIC DOWNTOWN COMMERCIAL LOTS 3, 5, 7, 9, 10, 11, 12, 13, 14 AND PART OF LOTS 4, 6, AND 8 OF BLOCK 9 OF THE FRASER SURVEY (413 S. TEXAS STREET) IN THE TOWN OF SILVER CITY.
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, this 24th day of May, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
May 25, 2011 - Legal Notice: Ordinance 1176
Posted: March 24, 2011.
AN ORDINANCE AMENDING AND SUPERSEDING RESOLUTION NO. 2008-07, ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED LOAN AGREEMENT (“LOAN AGREEMENT”) BY AND BETWEEN THE TOWN OF SILVER CITY, NEW MEXICO (THE “GOVERNMENTAL UNIT”) AND THE NEW MEXICO FINANCE AUTHORITY, EVIDENCING A SPECIAL LIMITED OBLIGATION OF THE GOVERNMENTAL UNIT TO PAY A PRINCIPAL AMOUNT OF NO MORE THAN ONE MILLION THREE HUNDRED THIRTEEN THOUSAND DOLLARS ($1,313,000), TOGETHER WITH INTEREST, COSTS OF ISSUANCE AND ADMINISTRATIVE FEES THEREON, FOR THE PURPOSE OF FINANCING THE COSTS OF IMPROVEMENTS TO THE GOVERNMENTAL UNIT’S WATER UTILITY SYSTEM INCLUDING REPLACEMENT OF THE SCADA SYSTEM AND REPLACEMENT OF THE GOVERNMENTAL UNIT’S MAIN WELL; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF, ADMINISTRATIVE FEES AND INTEREST DUE UNDER THE LOAN AGREEMENT SOLELY FROM THE PLEDGED REVENUES; SETTING A MAXIMUM INTEREST RATE FOR THE LOAN; APPROVING THE FORM OF AND OTHER DETAILS CONCERNING THE LOAN AGREEMENT; RATIFYING ACTIONS HERETOFORE TAKEN; REPEALING ALL ACTION INCONSISTENT WITH THIS ORDINANCE; AND AUTHORIZING THE TAKING OF OTHER ACTIONS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT. - Legal Notice: Ordinance No. 1177
Posted: March 9, 2011.
AN ORDINANCE AMENDING THE TOWN’S OFFICIAL ZONING MAP BY REZONING FROM COMMERCIAL TO HISTORIC DOWNTOWN COMMERCIAL LOTS 13 AND 15 OF BLOCK 65 OF THE FRASER SURVEY (505 W. YANKIE STREET) BOUNDED BY BAYARD STREET TO THE EAST AND COOPER STREET TO THE WEST.
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 8th day of March, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
March 8, 2011
The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.
- Legal Notice: Ordinance No. 1170
Posted: February 22, 2011.
ORDINANCE NO. 1170
AN ORDINANCE ALLOWING THE DEDICATION OF LAND AND INFRASTRUCURE IMPROVEMENTS TO AN AFFORDABLE / WORKFORCE HOUSING PROJECT FOR SUBSEQUENT TRANSFER TO A QUALIFIED PURCHASER.
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 21st day of February, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
February 22, 2011
- Legal Notice: Ordinance No. 1169
Posted: January 12, 2011.
AN ORDINANCE AMENDING THE TOWN OF SILVER CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER 9, ESTABLISHING AN AFFORDABLE HOUSING PROGRAM PURSUANT TO THE AFFORDABLE HOUSING ACT; DEFINING TERMS; ESTABLISHING APPLICATION REQUIREMENTS AND REVIEW CRITERIA; AND ESTABLISHING PROCEDURES TO ADMINISTER AN AFFORDABLE HOUSING PROGRAM.
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 11th day of January, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
January 12, 2011 - Legal Notice: Ordinance No. 1175
Posted: January 12, 2011.
AN ORDINANCE AMENDING CHAPTER 34, SECTION 179 (UNLAWFUL NOISES.) OF THE TOWN OF SILVER CITY MUNICIPAL CODE
INTRODUCED 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 January, 2011.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
January 12, 2011 - Legal Notice: Ordinance No. 1174
Posted: December 16, 2010.
ORDINANCE NO. 1174
AN ORDINANCE REPEALING ORDINANCE NO. 1017 AND ALL SUCCEEDING SUPPLEMENTS AND AMENDMENTS THERETO (1999 LAND USE CODE); RENAMING TITLE OF CHAPTER 8; DELETING CHAPTER 8, ARTICLE VI., SECTION 8-112 OF THE TOWN’S MUNICIPAL CODE; AND ADOPTING A REVISED LAND USE CODE TO BE ENTITLED “LAND USE AND ZONING CODE OF 2010" WHICH SHALL BE PLACED IN SAID MUNICIPAL CODE AS APPENDIX "C".
PASSED, ADOPTED, AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, 14th day of December, 2010.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
December 15, 2010
- Legal Notice: Ordinance No. 1173
Posted: December 16, 2010.
ORDINANCE NO. 1173
AN ORDINANCE CREATING AN ARTS AND CULTURAL DISTRICT PURSUANT TO THE NEW
MEXICO STATE ENABLING LEGISLATION; SETTING DISTRICT BOUNDARIES; PROVIDING FOR
ARTS AND CULTURAL DISTRICT GOVERNANCE, INVESTMENT AND ASSISTANCE;
A MANAGEMENT COUNCIL; FORMALLY RECOGNIZING AND PROVIDING FOR ADMINISTRATIVE
OPERATIONS;
REQUIRING A REPORT TO TOWN COUNCIL.
PASSED, ADOPTED, AND
APPROVED by vote of the Council of the Town of Silver City, Grant County,
New Mexico, 23rd day of November, 2010.
/s/ James R. Marshall, Mayor
/s/ Ann L. Mackie, Town Clerk
November 24, 2010
The complete ordinance is posted on the Town’s website at www.townofsilvercity.org. Copies are available at City Hall, 101 W. Broadway.
Current Notices of Intent:
- Notice of Intent: Ordinance 1220
Posted: May 15, 2013.
Notice is hereby given that on June 11, 2013 the Town Council of the Town of Silver City, New Mexico will consider for adoption Ordinance No. 1220 (the "Ordinance") amending Ordinance No. 1195, which authorized 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:
TOWN OF SILVER CITY, NEW MEXICO
ORDINANCE NO. 1220
AN ORDINANCE AMENDING ORDINANCE NO. 1195; RATIFYING ACTIONS HERETOFORE TAKEN; AND REPEALING ALL ACTION INCONSISTENT WITH THIS ORDINANCE.
The Ordinance will amend Ordinance No. 1195 to permit the Town's Taxable Industrial Revenue Bond to be sold to Affordable Solar Installation, Inc. and to rename the Bond "Silver City, New Mexico Taxable Industrial Revenue Bond (Affordable Solar Silver City Project), Series 2012".
This notice constitutes compliance with Section 3-17-3 NMSA 1978.
- Notice of Intent: Ordinance 1219
Posted: April 24, 2013.
Notice is hereby given that on May 28, 2013 the Town Council of the Town of Silver City, New Mexico will consider for adoption Ordinance No. 1219 (the "Ordinance") relating to the pledging of 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 to payment of the Southwest Solid Waste Authority Solid Waste System Improvement and Refunding Revenue Bonds, Series 2013 (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, 101 W. Broadway, Silver City, New Mexico.
The title and subject matter of Ordinance is as follows:
TOWN OF SILVER CITY, NEW MEXICO
ORDINANCE NO. 1219
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 TO PAYMENT 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.
A general summary of the subject matter of the Ordinance is contained in its title. This notice constitutes compliance with Section 3-17-3 and Section 6-14-6 NMSA 1978, as amended.
- Notice of Intent: Ordinance 1218
Posted: February 27, 2013.
NOTICE OF INTENT TO ADOPT 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.
The Council of the Town of Silver City, Grant County, New Mexico hereby gives notice of its intention to adopt an Ordinance to under the provisions of the Town of Silver City Code of Ordinances. This notice is given the title as follows:
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 Mayor James R. Marshall.
The complete ordinance is posted on the Town’s website, www.townofsilvercity.org. Public comments will be accepted until March 26, 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 March 26, 2013.
Note: During the Town Council's regular meeting on March 26, 2013, the Council voted unanimously to postpone action on Notice of Intent Ordinance No. 1218 for a time not to exceed 6 months.
(s) Ann L. Mackie, Town Clerk Feb. 27, 2013Complete notice: NOI Ord 1218.pdf
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