Public Improvement Districts
The Public Improvement District Act was enacted by the State Legislature in 2001 and codified in Sections 5-11-1 through 5-11-27 NMSA 1978, as amended and supplemented (the “PID Act”). The PID Act provides procedures for local governments to create public improvement districts (“PIDs”) through a petition and hearing process, followed by approval through an election of property owners and qualified resident electors. PIDs are authorized to finance various infrastructure and improvements, including water and sewer systems, streets and trails, parks, electrical, gas and telecommunications systems, public buildings, libraries and cultural facilities, school facilities, equipment and related costs of operation and administration.
The PID Act provides for financing based on levying property taxes on land within a PID, imposing special levies based on benefit to property, front footage, acreage, cost of improvements (or other factors apart from assessed valuation), and by providing for use charges for improvements or revenue-producing projects or facilities. PID taxes, levies and charges may be pledged to pay debt service on bonds issued by a PID. Under the Act, PID bonds are not obligations of the State of New Mexico or the local government jurisdiction in which the PID is located, but are obligations solely of the PID issuing the bonds. The Council adopted the Albuquerque Public Improvement District Policy Ordinance (the “PID Policy Ordinance”) in February 2003, which enacts policies and procedures for processing and approving applications for approval of PIDs within the City’s boundaries.
The Board of Directors is responsible for at least the following annual and periodic duties:
- Adoption of an open meetings resolution;
- Preliminary and final approval of an annual budget sufficient to pay debt service on outstanding District bonds or other District obligations and annual administrative costs;
- Exercise of remedies to collect delinquent District special levies from property owners within the District;
- Engagement of auditor and approval of audited financial statements;
- Approval of continuing disclosure reports prepared on behalf of the District; and
- Approval of periodic notice of information filing with the County Clerk.
The Council has approved ten public improvement districts within the City:
- Ventana West Public Improvement District
- Montecito Estates Public Improvement District
- Saltillo Public Improvement District
- The Trails Public Improvement District
- The Boulders Public Improvement District
- Volterra Public Improvement District
- Mesa del Sol Public Improvement District
- Lower Petroglyphs Public Improvement District
- Juan Tabo Hills Estates Public Improvement District
- Inspiration Public Improvement District
Many of the public improvement districts have issued special levy revenue bonds to finance construction of certain public infrastructure.
Assessments to property owners are used to pay debt and manage the PID.
Annual financial statements are located on the State Auditor’s Website.
Summary information for PID’s are below:
Ventana West Public Improvement District
(Formed by City Resolution Enactment No. 169-2003 adopted on December 16, 2003) - The District encompasses all of the master-planned community known as “Ventana West” which includes seven subdivisions. Ventana West consists of approximately 299 acres of property and 1,225 homes located in the northwest area of the City. Approximately 258 acres within the District are subject to the special levy. The remaining 41 acres consist of parks, open space, trails, streets and other real property not subject to the special levy. The District issued $7,000,000 in special levy revenue bonds in 2004 to finance infrastructure improvements to serve the residents of the District. The District refunded the Series 2004 Bonds in 2015 to achieve debt service savings on the bonds and to lower the special levy imposed on property within the District.
Assessment: For Fiscal Year 2019-2020, assessments ranged from $331.30 to $662.56 per lot. The maximum annual special levy ranges from $456 to $912 per lot.
As of August, 2019, the District’s Board members are Robert Eslinger (Chairman), Stephanie Yara (Treasurer) and Wilfred Gallegos.
Counsel: Modrall Sperling
Montecito Estates Public Improvement District
(Resolution No.: R-2007-081) - Formed to finance infrastructure improvements to serve approximately 160 developable acres of land, located wholly within the corporate boundaries of the City, consisting of 592 dwelling units, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. R-2007-144 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $4,390,000. Resolution No. R-2016-067 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $4,200,000.
Assessment: For Fiscal Year 2019-2020, assessments ranged from $470.58 to $705.86 per lot. The maximum annual special levy ranges from $600.00 to $900.00 per lot.
As of May, 2020, the District’s Board members are Cilia Aglialoro (Chairperson), Keith Reed (Vice Chairperson), Tom Menicucci (Clerk), Jesse Muniz (Treasurer) and Melissa Lozoya (Board Member).
Counsel: Rodey, Dickason, Sloan, Akin & Robb, P.A.
Saltillo Public Improvement District
(Resolution No. 2007-150) – Formed to finance infrastructure improvements to serve approximately 138 gross acres, located wholly within the corporate boundaries of the City, consisting of 652 single-family dwelling units, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. 2008-1 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $5,345,000.
Assessment: $828
As of October, 2019, the District’s Board members are Cilia Aglialoro, Jeffery Hertz, Vicente Quevedo, Patrick Montoya, and Shanna Shultz.
Counsel: Sherman & Howard
The Trails Public Improvement District
(Resolution No.: 2008-019) – Formed to finance infrastructure improvements to serve approximately 254.8 gross acres, located wholly within the corporate boundaries of the City, consisting of 2,319 single-family residential lots of varying width, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. 2008-019 authorizes the sale of special levy revenue bonds in a maximum aggregate amount not to exceed $12,840,000.
Assessment:
Cantata $320
Taos $530
Sierra $581
Estados $830
Board Members: Kelly Calhoun, John L. Murtagh, Joseph Griego, Tom Menicucci, and Chris Melendrez.
Counsel: Sherman & Howard
The Boulders Public Improvement District
(Resolution No.: R-2012-035) – Formed to finance infrastructure improvements to serve approximately 68 developable acres of land, located wholly within the corporate boundaries of the City, consisting of 351 single-family dwelling units, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. R-2013-089 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $2,000,000. Resolution No. R-2015-041 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $2,135,000.
Assessment: For Fiscal Year 2019-2020, assessments ranged from $994.68 to $1,212.56 per lot. The maximum annual special levy ranges from $1,050.00 to $1,280.00 per lot.
As of May, 2020, the District’s Board members are Patrick Montoya (Chairperson), Christine Boerner (Vice Chairperson), Stephanie Yara (Clerk), Jesse Muniz (Treasurer) and Petra Morris (Board Member).
Counsel: Rodey, Dickason, Sloan, Akin & Robb, P.A.
Volterra Public Improvement District
(Resolution No.: R-2009-121) – Formed to finance infrastructure improvements to serve approximately 135 developable acres of land, located wholly within the corporate boundaries of the City, consisting of 481 single-family dwelling units, 198 attached dwelling units, and 42,900 square feet of non-residential building area, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. R-2014-003 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $9,030,000.
Assessment: For Fiscal Year 2019-2020, assessments ranged from $802.82 to $2,000.00 per lot. The maximum annual special levy ranges from $900.00 to $2,000.00 per lot.
As of October, 2019, the District’s Board members are Christine Boerner (Chairperson), Stephanie Yara (Vice Chairperson), Patrick Montoya (Clerk), Shanna Schultz (Treasurer) and Scott Grady (Board Member).
Mesa Del Sol Public Improvement Districts Nos. 1-5
(Resolution No.: 2008-045) – Formed to finance infrastructure improvements to serve approximately 3,082 gross acres, located wholly within the corporate boundaries of the City, consisting of 5,830 single-family dwellings, 1,175 affordable housing, 2,614 multi-family units, and 2,000 active adult units, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. 2008-045 authorizes the sale of special levy revenue bonds in a maximum aggregate amount not to exceed $528,849,646, which amount may be adjusted for inflation.
Assessment:
Mesa Del Sol District No. 1 is the only district developed to date.
Residencia $1,655.38
Morada $1,512.78
Casita $1,342.31
Cottage Green $1,228.67
Compound $1,655.38
Street Paris $1,142.90
Townhome $1,199.71
Paseo Court $1,001.37
Office Area $439.58 per 1,000 BSF
Business Park $263.75 per 1,000 BSF
Research Park $263.75 per 1,000 BSF
Community Retail $351.66 per 1,000 BSF
Board Members: Christine Boerner, Manuel Barrera, Brent Dupes, Earnest Jenkins, Stephanie Yara
Counsel: Sherman & Howard
Lower Petroglyphs Public Improvement District
(Resolution No.: R-2013-059) Formed to finance infrastructure improvements to serve approximately 340 developable acres of land, located wholly within the corporate boundaries of the City, consisting of 1,067 residential dwelling units, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Resolution No. R-2018-051 authorizes the sale of special levy revenue bonds in an aggregate amount not to exceed $13,200,000.
Assessment: For Fiscal Year 2019-2020, assessments ranged from $650.00 to $1,095.00 per lot. The maximum annual special levy ranges from $650.00 to $1,095.00 per lot.
As of October, 2019, the District’s Board members are Vicente Quevedo (Chairperson), Jeff Hertz (Vice Chairperson), Patrick Montoya (Clerk), Stephanie Yara (Treasurer) and Petra Morris (Board Member).
Counsel: Rodey, Dickason, Sloan, Akin & Robb, P.A.
Juan Tabo Hills Estates Public Improvement District
(Resolution No.: R-2017-098) – Formed to finance infrastructure improvements to serve approximately 85 developable acres of land, located wholly within the corporate boundaries of the City, consisting of 331 residential dwelling units, which is an authorized purpose and appropriate use of a public improvement district as set forth in the Act and PID ordinance.
Assessment: For Fiscal Year 2019-2020, assessments ranged from $1,900.00 to $2,360.00 per lot. The maximum annual special levy ranges from $1,900.00 to $2,360.00 per lot.
As of October, 2019, the District’s Board members are Jacques Blair (Chairperson), Scott Grady (Vice Chairperson), Mark Motsko (Clerk), Rex Wilson (Treasurer) and Russel Brito (Board Member).
Counsel: Rodey, Dickason, Sloan, Akin & Robb, P.A.
Inspiration Public Improvement District
(Formed by City Resolution Enactment No. R-2020-038 adopted on April 20, 2020) - The District is part of the Westland/WAHL Master Plan and encompasses all of the master-planned community known as “Inspiration”, approximately 89 acres of property located in the northwest area of the City which is projected to consist of 327 single-family detached residential lots. Homes within the District will be subject to the special levy. The District plans to issue $6.69 million in special levy revenue bonds to finance water, sewer, storm and road infrastructure improvements to serve the residents of the District.
Assessment: The maximum annual special levy allowed ranges from $1,190 to $2,100 per lot.
As of May, 2020, the District’s Board members are Kevin Sourisseau, Stephanie Yara, Jolene Wolfley, David Newell, and Matt Bucher.
Counsel: Modrall Sperling
Contact Information
PID Name | Counsel |
---|---|
Ventana West | Modrall Sperling |
Montecito Estates | Rodey |
Saltillo | Sherman & Howard |
Trails | Sherman & Howard |
Boulders | Rodey |
Volterra | Rodey |
Mesa de Sol | Sherman & Howard |
Lower Petroglyph | Rodey |
Juan Tabo Hills Estates | Rodey |
Inspiration | Modrall Sperling |
Rodey, Dickason, Sloan, Akin & Robb, P.A.
Jenica L. Jacobi | Attorney [email protected]
Justin A. Horwitz | Attorney [email protected]
505-768-7222
201 Third Street NW, Suite 2200
Albuquerque, New Mexico 87102
Fax: 505-768-7395
Sherman & Howard
Jill K. Sweeney – Member
500 Marquette Avenue, Suite 1203
Albuquerque, NM 87102
Office: 505-814-6958
Mobile: 505-980-5042
Modrall Sperling
Chris P. Muirhead
500 4th St. NW, Suite 1000
Albuquerque, NM 87102
505-848-1800