New Mexico HJM 8: FORT BAYARD RESERVATION ANNEXATION

Bill Text

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HOUSE JOINT MEMORIAL 8
56TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2023
INTRODUCED BY
Luis M. Terrazas and Stefani Lord and Siah Correa Hemphill and
James G. Townsend and Jenifer Jones
A JOINT MEMORIAL
REQUESTING THE GENERAL SERVICES DEPARTMENT TO CONSENT TO THE
ANNEXATION OF THE FORT BAYARD MILITARY RESERVATION BY THE
VILLAGE OF SANTA CLARA.
WHEREAS, the New Mexico legislature has granted authority
to New Mexico municipalities for the incorporation of
contiguous property into the municipality after following
statutory annexation procedures, which procedures include
adequate notice to landowners and the public; and
WHEREAS, annexation does not grant the municipality
ownership over the land, water rights or other rights
appurtenant to the annexed property; and
WHEREAS, when federal, state or county governments own
annexed property, municipal ordinances do not apply and
property taxes remain abated; and
.223950.2

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WHEREAS, except for the Fort Bayard national cemetery, in
1966 the United States conveyed to New Mexico the historic Fort
Bayard military reservation in Grant county; and
WHEREAS, annexation of contiguous property obligates and
places a burden upon a municipality to provide municipal
services to the land annexed; and
WHEREAS, the village of Santa Clara, a New Mexico
municipality, is located contiguous to Fort Bayard and has been
associated with Fort Bayard since its establishment in 1866;
and
WHEREAS, the village of Santa Clara cemetery contains
remains of Fort Bayard soldiers dating back to 1868; and
WHEREAS, the village of Santa Clara has expended
approximately three million dollars ($3,000,000) obtained by
the village through federal and state grants and private
donations to maintain, conserve and reasonably develop the
historic Fort Bayard military reservation; and
WHEREAS, in 2015, the village of Santa Clara was willing
and capable of providing the necessary utility and other
municipal services to the Fort Bayard military reservation upon
annexation; and
WHEREAS, in 2015, the village of Santa Clara officially
requested the state's consent to annex part of the historic
Fort Bayard military reservation, which request was denied by
the general services department; and
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WHEREAS, prior to 2015, and continuing through to the
present time, the village of Santa Clara:
A. provides backup police, fire and animal control
services to the Fort Bayard military reservation;
B. maintains the grounds of the Fort Bayard
military reservation pursuant to an agreement with the general
services department; and
C. provides sewer and public water service to
entities located on the southern boundary of the Fort Bayard
military reservation, which infrastructure, if needed, can
readily be connected to utility lines within the Fort Bayard
military reservation, as well as upgraded electric and natural
gas services through the public service company of New Mexico
and the New Mexico gas company; and
WHEREAS, prior to 2015 and continuing through to the
present time, the village of Santa Clara has maintained and
installed buildings and grounds' improvements within the Fort
Bayard military reservation, but without annexation, the
village cannot adequately protect or maintain those
improvements; and
WHEREAS, in December 2019, the village of Santa Clara
executed a ninety-nine-year lease from the state of the Fort
Bayard military reservation; and
WHEREAS, since December 2019, the village has accomplished
the following improvements, enhancements and maintenance within
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the Fort Bayard military reservation:
A. installed steps, interior handrails and federal
Americans with Disabilities Act of 1990-compliant ramps,
removed asbestos and initiated electrical upgrades at the
museum;
B. repaired windows and doors at the theater;
C. completed the pre-design for future occupation
by the United States department of agriculture forest service
of four buildings;
D. generally maintained the grounds; and
E. obtained the services of AmeriCorps and New
Mexico youth conservation corps volunteers, whose achievements
include:
(1) painting and boarding up more than two
hundred fifty windows and seventy-five doors to protect
buildings from vandalism;
(2) removing lead paint and painting all of
the small houses located at the entrance of the Fort Bayard
military reservation;
(3) installing a nationally sanctioned disk
golf course;
(4) adding a federal Americans with
Disabilities Act of 1990-compliant restroom to the New Deal
th