SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION 10

48th legislature - STATE OF NEW MEXICO - second session, 2008

A JOINT RESOLUTION

PROPOSING THE LONG-TERM LEASE OF THE PENITENTIARY OF NEW MEXICO WASTEWATER TREATMENT SYSTEM TO SANTA FE COUNTY.

     WHEREAS, Section 13-6-3 NMSA 1978 requires ratification and approval of any sale, trade or lease of state property over one hundred thousand dollars ($100,000) in value; and

     WHEREAS, the property control division of the general services department is desirous of leasing the penitentiary of New Mexico's wastewater treatment system to Santa Fe county; and

     WHEREAS, the lease is contingent upon mutually agreed-to terms between the property control division and Santa Fe county for a lease term not to exceed ninety-nine years; and

     WHEREAS, Santa Fe county currently manages and operates the wastewater treatment system located at the penitentiary of New Mexico; and

     WHEREAS, the real property, buildings, aerated lagoons, facultative lagoons, storage pond and land application field and system, a tract of land lying and being situate within Section 35, T.16N., R.8E., NMPM, Santa Fe County, New Mexico, beginning at a point, from whence the South quarter corner of Section 36, T.16N., R.8E., bears N.88̊51'25" E., 2660.24 feet, thence along the following: S.88̊51'25"W., 2057.21 feet, thence N.00̊22'51"W., 924.41 feet, thence N.85̊33'11"W., 518.52 feet, thence N.32̊15'42"W., 463.32 feet, thence N.19̊28'33"W., 106.67 feet, thence N.48̊34'39"W., 635.03 feet, thence N.13̊45'15"W., 246.70 feet, thence N.05̊21'53"W., 579.06 feet, thence N.89̊35'58"W., 3111.34 feet, thence S.00̊01'42"E., 467.10 feet, thence N.89̊37'57"W., 380.97 feet, thence S.00̊22'03"W., 973.14 feet, thence N.89̊54'45"E., 341.36 feet, thence S.01̊33'45"W., 234.70 feet, thence N.89̊48'55"W., 444.30 feet, thence S.00̊11'05"W., 675.00 feet, thence S.89̊48'55"E., 840.01 feet, thence S.00̊10'55"W., 325.82 feet to the point and place of beginning, comprise an area of one hundred thirty-five and six-tenths acres; and

     WHEREAS, both the state and Santa Fe county realize and understand the advantages of providing efficient and economical regional wastewater treatment for the area; and

     WHEREAS, to compensate the state for use of the land and existing wastewater facilities, Santa Fe county will provide to the corrections department and the New Mexico national guard a seven percent reduction in the government/institutions commodity charge for all wastewater flow from their respective existing facilities as of January 2008 for a period of ten years; and

     WHEREAS, the state shall retain appropriate right-of-way easements and provide access and egress to Santa Fe county and may provide additional land adjacent to the existing property for wastewater treatment where and when considered necessary by using entities; and

     WHEREAS, the lease agreement shall be subject to reservations, restrictions or easements of record;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the lease agreement, not to exceed ninety-nine years and excluding any water rights owned by the state of New Mexico, be hereby ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the property control division of the general services department, the corrections department, the department of military affairs, the office of the state engineer and Santa Fe county.

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