HOUSE JOINT RESOLUTION 12

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Rebecca Dow and Jane E. Powdrell-Culbert

 

 

 

 

 

A JOINT RESOLUTION

AUTHORIZING THE PARTIAL TRANSFER OF THE PROPERTY COMPRISING THE OLD FORT BAYARD FACILITY FROM THE FACILITIES MANAGEMENT DIVISION OF THE GENERAL SERVICES DEPARTMENT TO THE VILLAGE OF SANTA CLARA.

 

     WHEREAS, Fort Bayard national historic landmark, known as "Fort Bayard", is a significant historic facility in Grant county that was founded in 1866; and

     WHEREAS, Fort Bayard is listed on the state register of cultural properties and the national register of historic places and is subject to all state and federal historic preservation laws, including the Cultural Properties Act, the New Mexico Prehistoric and Historic Sites Preservation Act and the federal National Historic Preservation Act; and

     WHEREAS, as a certified local government pursuant to rules of the historic preservation division of the cultural affairs department, the village of Santa Clara approved a preservation ordinance in 2017 whereby the village agreed to follow state and federal standards on undertakings that have the potential to affect historic properties; and

     WHEREAS, Fort Bayard, formerly a federal veterans administration hospital, was declared surplus property by the federal government and subsequently conveyed to the state in 1966, and title is now vested in the state; and

     WHEREAS, the facilities management division of the general services department has neither short- nor long-term plans for the property and desires that a portion of Fort Bayard property be transferred to the village of Santa Clara; and

     WHEREAS, water rights associated with the portion of the property proposed to be transferred shall not be transferred and will remain in the ownership and control of the state; and

     WHEREAS, the general services department, with the approval of the state engineer, will consider entering into a long-term lease with the village of Santa Clara for a yet-to-be-determined amount of water per year for fire suppression, operation and maintenance of the Fort Bayard complex. As a condition of the lease for water rights, the village of Santa Clara shall be responsible for all costs regarding the installation of a meter to monitor the amount of water used under any such lease as contemplated here. The village of Santa Clara shall comply with all requirements set forth by the office of the state engineer, including but not limited to obtaining the proper permits for any diversion or change in use of said water rights and reporting requirements; and

     WHEREAS, a legal description of the property will be made in a survey to be conducted by a licensed surveyor or licensed engineer. The facilities management division of the general services department and the village of Santa Clara must agree on the description of the property to be transferred as a condition precedent to the donation of the property to the village; provided that the following improvements, fixtures, equipment and land shall be excluded from the property to be transferred:

          A. laundry facility;

          B. medical adaptive equipment storage, which includes two separate buildings;

          C. two unoccupied houses located near the laundry facility;

          D. an area to be determined at the main entrance of the property for future expansion and use by the department of health;

          E. a new lift station and land in and around the station;

          F. the pauper cemetery and surrounding land;

          G. the water tank and the land around the tank;

          H. the land owned by the United States department of veterans affairs for its veterans' cemetery;

          I. the land containing the water springs that feed the property located on United States forest service property;

          J. the biomass boiler; and

          K. all equipment and tangible personal property located in and around the buildings that are currently used by the department of health; and

     WHEREAS, the state shall retain appropriate rights of way and easements, and the transferred property shall be subject to reservations, restrictions or easements of record; and

     WHEREAS, an easement will be retained by the state for a waterline from the water tank to the front entrance area of the new Fort Bayard medical center facility; and

     WHEREAS, an easement will be retained by the state from Grant county for a waterline to cross the road that divides the old Fort Bayard facility from the new Fort Bayard medical center; and

     WHEREAS, an easement will be retained by the state from Grant county for a waterline to cross the property where the Fort Bayard medical center is located and permission obtained from Grant county for the waterline to tie into the Fort Bayard medical center; and

     WHEREAS, access to the property shall be as follows:

          A. the state shall have unlimited access, with reasonable notice given to other parties that may occupy the property;

          B. the United States department of veterans affairs and any associated agencies shall have unlimited access to the national cemetery, and roads through the property shall be maintained in order for burial processions to travel to the cemetery; and

          C. the village of Santa Clara shall grant access to the United States bureau of land management and the United States forest service as needed; and

     WHEREAS, there are buildings on the property that are currently being used by the department of health, which are listed below, and shall be leased to the department of health by the village of Santa Clara at no cost to the state for a term to be determined by the department of health. As the owner of the buildings, the village of Santa Clara shall be responsible for the maintenance and repairs of the buildings in accordance with their designated use by the department of health, including any necessary capital improvements as needed for the entire term of the department's occupancy or use:

          A. motor pool;

          B. maintenance shop;

          C. electrical shop;

          D. materials storage, which includes two separate buildings; and

          E. warehouse; and

     WHEREAS, the Grant county fire department currently has a lease with the state for use of the fire house and one and sixty-six hundredths acres of land, and the village of Santa Clara shall enter into a new lease with the Grant county fire department for continued use of this building and property; and

     WHEREAS, the state has been notified by the United States department of veterans affairs of its desire to expand the Fort Bayard cemetery, and the village of Santa Clara shall work with the department in an effort to promote this expansion; and

     WHEREAS, the village of Santa Clara shall maintain and keep current the appropriate insurance coverage on the property either through the risk management division of the general services department or an equivalent coverage through a private entity or other program of insurance and shall annually provide certificates and proof of coverage or participation to the risk management division; and

     WHEREAS, the purpose of the property is to continue as a public facility with the preservation of its historical significance maintained;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the transfer of the property to the village of Santa Clara be authorized by the legislature; and

     BE IT FURTHER RESOLVED that the authorization be contingent upon agreement by the parties in the conveyance document that if the village of Santa Clara ever decides that the property is no longer needed by the village for any public or public preservation purpose, or that the purpose has changed, then the property, at the option of the state and at no cost to the state, may be reconveyed by the village of Santa Clara to the state. Any property reconveyed shall include all improvements on the property whether constructed by the village of Santa Clara or others; and

     BE IT FURTHER RESOLVED that the property shall not be transferred until it has been reviewed and approved by the capitol buildings planning commission; and

     BE IT FURTHER RESOLVED that the property shall not be transferred until it has been reviewed and approved by the state board of finance; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of general services, the secretary of health, the secretary of cultural affairs, the office of the state engineer, the capitol buildings planning commission, the mayor of the village of Santa Clara and the Grant county manager.

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