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A MEMORIAL

REQUESTING THAT A COOPERATIVE EFFORT BE MADE BY THE DEPARTMENT

OF TRANSPORTATION, LOCAL GOVERNMENTS, PRIVATE AND PUBLIC

UTILITY COMPANIES AND OTHER AFFECTED JURISDICTIONS TO COMPLETE

A STUDY TO DEVELOP OPTIONS AND RECOMMENDATIONS TO FACILITATE

TIMELY RELOCATION OF UTILITIES WITHIN PUBLIC RIGHTS OF WAY

THAT WOULD BE OF MUTUAL BENEFIT TO PUBLIC AGENCIES AND ALL

UTILITIES IN MINIMIZING COSTS AND DISRUPTION OF SERVICES DUE

TO HIGHWAY CONSTRUCTION PROJECTS.

WHEREAS, it is important that utility companies, the

department of transportation, the New Mexico association of

counties, the New Mexico municipal league, local governments,

tribal governments and other public jurisdictions cooperate

and coordinate in the planning and construction of road

projects to minimize or eliminate the need for utility

relocation to the greatest extent possible, thereby reducing

the impact on the timely delivery and completion of

construction projects and the impact on existing utility

facilities; and

WHEREAS, utility companies that provide gas,

electricity, water and telephone services are critical

components of New Mexico's present and future economy; and

WHEREAS, the maintenance and construction of

interstates, other highways and local roads are a critical

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component of the mobility of goods and services at the state

and national levels and also a primary driver of New Mexico's

present and future economy; and

WHEREAS, utility companies are typically obligated to

relocate their facilities located in public rights of way in a

timely manner and with advanced notice to make way for

construction of roads and other improvements; and

WHEREAS, a utility company often is obligated to bear

all of the costs of the relocation of its facilities within

public rights of way as required by permit for the benefit of

use of public rights of way; and

WHEREAS, the department of transportation, local

governments and tribal governments are often faced with

increased construction costs and project delays due to

untimely relocation of utility facilities located in public

rights of way;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that utility

companies, the department of transportation, the New Mexico

association of counties, the New Mexico municipal league,

tribal governments, local governments and other public

jurisdictions be requested to complete a study to develop

options and recommendations to facilitate timely relocation of

utility facilities located within public rights of way that

would be of mutual benefit to public agencies and utilities in

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minimizing costs, disruption of services and project delays in

highway construction activities; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the New Mexico association of counties; the New

Mexico municipal league; the governor of each of the nineteen

pueblos in New Mexico; the presidents of the Navajo Nation,

the Jicarilla Apache Nation, the Mescalero Apache Tribe and

the Ute Mountain Ute Tribe; the secretary of transportation;

and the governor of New Mexico.