52nd legislature - STATE OF NEW MEXICO - second session, 2016

RATIFYING AND APPROVING THE SALE OF REAL PROPERTY OWNED BY THE PECOS VALLEY REGIONAL EDUCATION COOPERATIVE AND USED FOR ITS MAIN OFFICES ON THE CONDITION THAT THE COOPERATIVE CONCURRENTLY PURCHASE OR LEASE A REPLACEMENT REAL PROPERTY.

WHEREAS, the Pecos Valley regional education cooperative number eight, referred to as the "cooperative", owns the real property, together with buildings and improvements, at 2218 W. Grand Avenue, Artesia, New Mexico 88210, referred to as the "2218 W. Grand property", which serves as the main offices of the cooperative; and

WHEREAS, the 2218 W. Grand property is not sufficient to house all of the cooperative's operations, including the southeastern New Mexico educational resource center; and

WHEREAS, as of November 3, 2015, the 2218 W. Grand property was appraised at a value of four hundred thousand dollars ($400,000); and

WHEREAS, on January 19, 2016, the regional education coordinating council for the cooperative adopted a resolution determining that it is in the best interests of the cooperative to sell the 2218 W. Grand property and acquire a replacement building by purchase or lease and approving the sale of the 2218 W. Grand property, pursuant to any of the means provided in Subsection B of Section 13-6-2 NMSA 1978, for a price that is equal to or exceeds its appraised value, subject to approval by the New Mexico legislature and conditioned upon the concurrent purchase or lease of a replacement building to serve as the cooperative's main offices; and

WHEREAS, pursuant to Section 22-2B-3 NMSA 1978, the cooperative is an individual state agency administratively attached to the public education department and pursuant to the rules of that department, of which there are none pertinent to this resolution, may own and have control and management over buildings and land independent of the director of the facilities management division of the general services department; and

WHEREAS, Subsection B of Section 13-6-2 NMSA 1978 provides that a state agency may sell or otherwise dispose of real property by any of several prescribed means; and

WHEREAS, Section 13-6-3 NMSA 1978 provides that any sale, trade or lease of real property belonging to a state agency for consideration of one hundred thousand dollars ($100,000) or more shall be subject to ratification and approval by the state legislature; and

WHEREAS, the legal description of the 2218 W. Grand property is:

"The East 265.4 feet of Block 6 of the Gunter Subdivision, to the City of Artesia, Eddy County, New Mexico, as the same apperas [sic] on the official, filed plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico and all buildings and improvements thereon.";

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the sale of the 2218 W. Grand property by the cooperative at or above its appraised value is hereby ratified and approved on the condition that the cooperative, concurrently with the sale, purchase or lease a replacement building for the main offices of the cooperative; and

BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of public education, the executive director of the cooperative and the capitol buildings planning commission.