SENATE JOINT RESOLUTION 7
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Michael S. Sanchez
FOR THE CAPITOL BUILDINGS PLANNING COMMISSION
A JOINT RESOLUTION
RATIFYING AND APPROVING A LEASE PURCHASE AGREEMENT UNDER WHICH THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT, ON BEHALF OF THE HUMAN SERVICES DEPARTMENT, WILL LEASE A BUILDING TO BE USED FOR A SUBSTANCE ABUSE TREATMENT AND TRAINING FACILITY IN LOS LUNAS; RATIFYING AND APPROVING A LONG-TERM LEASE OF STATE LAND ON WHICH THE SUBSTANCE ABUSE TREATMENT AND TRAINING FACILITY WILL BE CONSTRUCTED.
WHEREAS, Section 15-3-35 NMSA 1978 requires ratification and approval of any financing agreement under which a state agency is to occupy a building or other real property and that contains an option to purchase for a price that is reduced according to the lease payments made; and
WHEREAS, the property control division of the general services department, on behalf of the human services department, desires to enter into an agreement based on a qualification and price-based request for proposals for the lease purchase of a building to be constructed on land owned by the property control division at the correctional site of the Los Lunas campus in Valencia county for use by the human services department as a substance abuse treatment and training facility; and
WHEREAS, Section 13-6-3 NMSA 1978 requires ratification and approval of any sale, trade or lease for a period exceeding twenty-five years in duration of real property belonging to a state agency if the sale, trade or lease is for a consideration of one hundred thousand dollars ($100,000) or more; and
WHEREAS, the property control division of the general services department desires to enter into a long-term lease to lease the property upon which the substance abuse treatment and training facility will be built;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the property control division of the general services department, on behalf of the human services department, be authorized to enter into an agreement for the lease purchase of a building at the correctional site of the Los Lunas campus in Valencia county for use by the human services department as a substance abuse treatment and training facility and that such agreement is hereby ratified and approved pursuant to the provisions of Section 15-3-35 NMSA 1978, subject to the conditions of this resolution; and
BE IT FURTHER RESOLVED that the property control division of the general services department be authorized to enter into a long-term lease for the purpose of leasing the land upon which the substance abuse treatment and training facility will be built and that the land lease agreement is hereby ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978, subject to the conditions of this resolution; and
BE IT FURTHER RESOLVED that the lease purchase agreement shall provide that it does not create a legal obligation for the property control division of the general services department or the human services department to continue the lease from year to year or to purchase the real property; and
BE IT FURTHER RESOLVED that the lease purchase agreement shall provide that, if the real property is purchased, the title to the property shall be issued in the name of the property control division of the general services department; and
BE IT FURTHER RESOLVED that the lease purchase agreement shall not be finalized until the form of the agreement has been approved by the attorney general; and
BE IT FURTHER RESOLVED that the land lease agreement and the lease purchase agreement shall not be finalized until they have been reviewed by the capitol buildings planning commission for consideration as to whether the agreements are the most cost-effective method for acquiring the building and whether the building and its proposed use are within the scope of the commission's master plan; and
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the human services department, to the property control division of the general services department and to the capitol buildings planning commission.
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