44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

PROPOSING A NINETY-NINE YEAR LEASE TO DONA ANA COUNTY OF THE COUNTY-FUNDED PORTION OF THE NEW STATE-OWNED JUVENILE FACILITY IN DONA ANA COUNTY.

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

WHEREAS, the property control division of the general services department is constructing a facility in Dona Ana county to house juvenile offenders from the state and the county; and

WHEREAS, the facility is being funded with five million dollars ($5,000,000) in state general obligation bond proceeds pursuant to legislative authorization and voter approval, and four million dollars ($4,000,000) in county bond proceeds pursuant to Dona Ana county ordinance; and

WHEREAS, the new facility will include two residential areas, one for adjudicated juvenile offenders under jurisdiction of the children, youth and families department and another separate residential area for detention of juveniles under jurisdiction of Dona Ana county; and shared use areas for nonresidential purposes; and

WHEREAS, the property control division, the children, youth and families department and Dona Ana county have entered into a joint powers agreement to conduct the project that includes a proposal to provide a ninety-nine year leasehold interest to Dona Ana county in exchange for Dona Ana county paying for its share of the costs for the new facility; and

WHEREAS, pursuant to the joint powers agreement, Dona Ana county will transfer to the property control division its leasehold interest in and option to purchase land owned by the federal bureau of land management on which the facility is to be built; and

WHEREAS, a collocation administration agreement between the children, youth and families department and Dona Ana county will conform with Paragraph (4) of Subsection A of Section 32A-2-12 NMSA 1978;

NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the property control division of the general services department be authorized to enter into a lease with Dona Ana county for ninety-nine years; and

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the property control division of the general services department, the children, youth and families department and the board of county commissioners of Dona Ana county.