Recent Town Ordinances:

• 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.
  More information: Ord 1195 IRB Ordinance 3-29-12.pdf
• 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
  
  More information: Ord 1198 Franchisee use of parks, trails, open spaces.pdf
• 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

  More information: Ord 1197 Electric Franchise with PNM.pdf
• 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.
  More information: Ord 1200 Summary for Pub zone change 503 Spring St.pdf
• 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.
  More information: Ord 1199 zone change 1412 N Bennett.pdf
• 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.
  More information: Ord 1196 Power Purchase Agreement Ordinance between Town & NRG Solar.pdf
• 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
  More information: Ord 1194 Summary for Pub map amend zc 1400 N Corbin.pdf
• 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
  More information: Ord 1193 Summary for Pub map amend zc 1113 Bennett.pdf
• 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
  More information: Ord_1192_Summary_and_Ordinance.pdf
• 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
  
  
  More information: Ord 1190 AMENDED.pdf
• 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
  More information: Ord 1190 sale of Town property 121 Richards St..pdf
• 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
  
  
  More information: Ord 1188 amending Ch 6 Animal Ordinance.pdf
• 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
  
  
  More information: Ord 1189 LUZC PZ Commission.pdf
• 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
  More information: Ord_1186_Redistricting_Plan_A1_plus_map.pdf
• 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.
  
  
  More information: Ord 1184 Parameters Bond Ordinance_Final 9-13-11.pdf
• 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.
  
  
  More information: Ord 1183 Incentive Review Committee.pdf
• 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
  More information: Ord 1181 Gross Receipts Tax Ordinance Amendment.pdf
• 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
  
  
  More information: Ord 1180 Ban Fireworks during extreme drought 7-26-11.pdf
• 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
  More information: Ord 1179 Septage and Grease waste rates and charges.pdf
• 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
  More information: Ord 1178 zone change 413 S Texas.pdf
• 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.
  More information: Ord 1176 amended restated drinking water loan agrmnt 2072-DW 3-23-11.pdf
• 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.
  
  
  More information: Ord 1177 zone chg 505 W Yankee to Historic Downtown Comml.pdf
• 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
  
  
  More information: Ord 1170 allowing dedication of land and infrastruc to aff wkfc housing proj.pdf
• 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
  More information: Ord 1169 to add new Ch 9 to establish Affordable Housing Program.pdf
• 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
  More information: Ord 1175 Noise Control 1-11-11.pdf
• 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
  
  
  More information: Ord_1174_adopt_revised_LUC.pdf
• 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.

  More information: Ord. 1173 creating Arts and Cultural District.pdf

• Notice of Intent: Ordinance 1203
  Posted: April 25, 2012.
  
  
  NOTICE OF INTENT TO ADOPT AN ORDINANCE
  
  
  The Council of the Town of Silver City, Grant County, New Mexico hereby gives notice of its intention to adopt an Ordinance that adopts and enacts a new Code for the Town of Silver City, Grant County, New Mexico. This notice is given the title as follows:
  
  
  ORDINANCE NO. 1203
  AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO WNM COMMUNICATIONS, INC. (hereinafter "WNM")
  
  
  The complete ordinance is posted on the Town’s website, www.townofsilvercity.org. Public comments will be accepted until May 22, 2012. 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 May 22, 2012.
  
  (s) Ann L. Mackie, Town Clerk April 25, 2012
  
   
  
  Complete notice: NOI Ord 1203 Telecommunications franchise w WNM Comm 4-25-12 .pdf
• Notice of Intent: Ordinance 1202
  Posted: April 25, 2012.
  
  
  NOTICE OF INTENT TO ADOPT AN ORDINANCE
  
  
  The Council of the Town of Silver City, Grant County, New Mexico hereby gives notice of its intention to adopt an Ordinance that adopts and enacts a new Code for the Town of Silver City, Grant County, New Mexico. This notice is given the title as follows:
  
  
  ORDINANCE NO. 1202
  AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO QWEST CORPORATION dba CENTURYLINK QC (hereinafter "Qwest")
  
  
  The complete ordinance is posted on the Town’s website, www.townofsilvercity.org.
  
  Public comments will be accepted until May 22, 2012. 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 May 22, 2012.
  
  (s) Ann L. Mackie, Town Clerk April 25, 2012
  
   
  
  Complete notice: NOI Ord 1202 Telecommunications franchise w Qwest 04-25-12.pdf