HJM008

HOUSE JOINT MEMORIAL 8

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Luis M. Terrazas and Stefani Lord and Siah Correa Hemphill and James G. Townsend and Jenifer Jones

A JOINT MEMORIAL

REQUESTING THE GENERAL SERVICES DEPARTMENT TO CONSENT TO THE ANNEXATION OF THE FORT BAYARD MILITARY RESERVATION BY THE VILLAGE OF SANTA CLARA.

WHEREAS, the New Mexico legislature has granted authority to New Mexico municipalities for the incorporation of contiguous property into the municipality after following statutory annexation procedures, which procedures include adequate notice to landowners and the public; and

WHEREAS, annexation does not grant the municipality ownership over the land, water rights or other rights appurtenant to the annexed property; and

WHEREAS, when federal, state or county governments own annexed property, municipal ordinances do not apply and property taxes remain abated; and

WHEREAS, except for the Fort Bayard national cemetery, in 1966 the United States conveyed to New Mexico the historic Fort Bayard military reservation in Grant county; and

WHEREAS, annexation of contiguous property obligates and places a burden upon a municipality to provide municipal services to the land annexed; and

WHEREAS, the village of Santa Clara, a New Mexico municipality, is located contiguous to Fort Bayard and has been associated with Fort Bayard since its establishment in 1866; and

WHEREAS, the village of Santa Clara cemetery contains remains of Fort Bayard soldiers dating back to 1868; and

WHEREAS, the village of Santa Clara has expended approximately three million dollars ($3,000,000) obtained by the village through federal and state grants and private donations to maintain, conserve and reasonably develop the historic Fort Bayard military reservation; and

WHEREAS, in 2015, the village of Santa Clara was willing and capable of providing the necessary utility and other municipal services to the Fort Bayard military reservation upon annexation; and

WHEREAS, in 2015, the village of Santa Clara officially requested the state's consent to annex part of the historic Fort Bayard military reservation, which request was denied by the general services department; and

WHEREAS, prior to 2015, and continuing through to the present time, the village of Santa Clara:

A. provides backup police, fire and animal control services to the Fort Bayard military reservation;

B. maintains the grounds of the Fort Bayard military reservation pursuant to an agreement with the general services department; and

C. provides sewer and public water service to entities located on the southern boundary of the Fort Bayard military reservation, which infrastructure, if needed, can readily be connected to utility lines within the Fort Bayard military reservation, as well as upgraded electric and natural gas services through the public service company of New Mexico and the New Mexico gas company; and

WHEREAS, prior to 2015 and continuing through to the present time, the village of Santa Clara has maintained and installed buildings and grounds' improvements within the Fort Bayard military reservation, but without annexation, the village cannot adequately protect or maintain those improvements; and

WHEREAS, in December 2019, the village of Santa Clara executed a ninety-nine-year lease from the state of the Fort Bayard military reservation; and

WHEREAS, since December 2019, the village has accomplished the following improvements, enhancements and maintenance within the Fort Bayard military reservation:

A. installed steps, interior handrails and federal Americans with Disabilities Act of 1990-compliant ramps, removed asbestos and initiated electrical upgrades at the museum;

B. repaired windows and doors at the theater;

C. completed the pre-design for future occupation by the United States department of agriculture forest service of four buildings;

D. generally maintained the grounds; and

E. obtained the services of AmeriCorps and New Mexico youth conservation corps volunteers, whose achievements include:

(1) painting and boarding up more than two hundred fifty windows and seventy-five doors to protect buildings from vandalism;

(2) removing lead paint and painting all of the small houses located at the entrance of the Fort Bayard military reservation;

(3) installing a nationally sanctioned disk golf course;

(4) adding a federal Americans with Disabilities Act of 1990-compliant restroom to the New Deal theater;

(5) cleaning out all buildings on the Fort Bayard military reservation of trash, debris and old furnishings; and

(6) clearing the grounds of the Fort Bayard military reservation of fire hazards; and

WHEREAS, the village of Santa Clara has shown its capability to provide adequate municipal utilities and services to the Fort Bayard military reservation as required pursuant to the New Mexico annexation statutes and its ongoing commitment to the conservation and sensible development of the Fort Bayard military reservation; and

WHEREAS, the annexation of the Fort Bayard military reservation by the village of Santa Clara would benefit the state rather than be detrimental;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the general services department be requested to reconsider its prior opposition to the proposed annexation of the Fort Bayard military reservation by the village of Santa Clara; and

BE IT FURTHER RESOLVED that the general services department be requested to consent to the village of Santa Clara proceeding with the annexation of the Fort Bayard military reservation pursuant to the municipal boundary commission method provided in Sections 3-7-11 through 3-7-17 NMSA 1978; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of general services and the mayor of the village of Santa Clara.

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