This subchapter shall be cited as the “Santa Fe County
Economic Development Ordinance” and shall be referred to herein
as “the subchapter” or “this subchapter.”
(Ordinance 2014-07 adopted 6/10/14)
This subchapter is enacted pursuant to the authority granted by article IX, section 14(D) of the New Mexico Constitution (2010) and the Local Economic Development Act, NMSA 1978, chapter 5, article
10 (2013) (hereinafter referred to as “the act”).
(Ordinance 2014-07 adopted 6/10/14)
The economic development elements of the county sustainable
growth management plan, adopted in 2010, and the county economic development
plan, adopted by this subchapter and developed in 2014, attached to
Ordinance 2014-07 as exhibit A, shall be collectively referred to
as “the plan.”
(Ordinance 2014-07 adopted 6/10/14)
(A) The
county may, but is not obligated to, provide direct or indirect economic
assistance to a qualifying entity pursuant to the act; such economic
assistance may include the purchase, lease, grant, construction, reconstruction,
improvement or other acquisition or conveyance of land, buildings
or other infrastructure; public works improvements essential to the
location or expansion of a qualifying business; or payments for professional
services contracts necessary for the county to implement any plan
or project.
(B) Priority
for direct or indirect economic assistance will be given to economic
development projects that encourage private companies to expand, build
or relocate facilities which support new or expanding businesses;
business start-ups; projects that create new jobs; projects that encourage
economic clusters as identified in the plan; or increase the knowledge
base of the labor force.
(C) Each
qualifying entity desiring to receive economic assistance pursuant
to the act and this subchapter shall prepare and file an application
on a form provided by the county and containing all of the information
specified in the application and plan. Applications shall be submitted
to the county economic development manager.
(D) Evaluation
of an application for economic assistance pursuant to this subchapter
and the act shall be based on the provisions of the plan, the financial
and management stability of the qualifying entity, the demonstrated
commitment of the qualifying entity to the community, a cost-benefit
analysis of the project and any other information the county believes
is necessary for a full review of the economic development project
application.
(E) Each
economic development project shall be approved by ordinance.
(Ordinance 2014-07 adopted 6/10/14)
(A) Economic development assistance under the act and this subchapter is limited to a person or entity who is a “qualifying entity” as that phrase is defined in the act, section 5-10-3(I) (2013) and in subsection
(B) of this section.
(B) A “qualifying
entity” is a corporation, limited liability company, partnership,
joint venture, syndicate, association or other person that is one
or a combination of two or more of the following:
(1) An
industry for the manufacturing, processing or assembling of agricultural
or manufactured products;
(2) A commercial enterprise for storing, warehousing, distributing or selling products of agriculture, mining or industry, but, other than as provided in subsection
(5) or
(6) below, not including any enterprise for sale of goods or commodities at retail or for distribution to the public of electricity, gas, water or telephone or other services commonly classified as public utilities;
(3) A business in which all or part of the activities of the business involves the supplying of services to the general public or to governmental agencies or to a specific industry or customer, but, other than as provided in subsection
(5) below, not including businesses primarily engaged in the sale of goods or commodities at retail;
(4) An
Indian nation, tribe or pueblo or a federally chartered tribal corporation;
(5) A
telecommunications sales enterprise that makes the majority of its
sales to persons outside of the state;
(6) A
facility for the direct sales by growers of agricultural products,
commonly known as farmers’ markets;
(7) A
business that is the developer of a metropolitan redevelopment project;
and
(8) A
cultural facility, defined as a facility that is owned by a qualifying
entity that serves the public through preserving, educating and promoting
the arts and culture of a particular locale, including theaters, museums,
libraries, galleries, cultural compounds, educational organizations,
performing arts venues and organizations, fine arts organizations,
studios and media laboratories and live-work housing facilities.
(Ordinance 2014-07 adopted 6/10/14)
(A) An economic
development project approved by county ordinance shall be documented
in a project participation agreement that conforms to NMSA 1978, section
5-10-10 (2013).
(B) In addition
to the terms and conditions required by NMSA 1978, section 5-10-10,
the project participation agreement shall contain financial controls
that provide for the safekeeping of public funds, and such additional
terms and conditions as the county may in its discretion require.
(Ordinance 2014-07 adopted 6/10/14)
No proposed economic development project shall be approved unless
the county, after approval of the economic development project, will
be in compliance with the restrictions on public expenditures or pledges
of credit in NMSA 1978, section 5-10-4(B) (2013) or the economic development
project will be funded using property or funds exempt from those restrictions.
(Ordinance 2014-07 adopted 6/10/14)
If and as required by NMSA 1978, section 5-10-4(C) and section
5-10-11 (1993), the county shall create an economic development fund
for the deposit of revenue to which the expenditure and pledge or
revenue restrictions in NMSA 1978, section 5-10-4(B) do not apply
and separate accounts for each economic development project. The fund
and accounts shall be audited as required by law.
(Ordinance 2014-07 adopted 6/10/14)
The county economic development manager shall:
(1) Develop the application described in section
33.43(C);
(2) Accept
and evaluate applications submitted for economic assistance under
this subchapter and the act;
(3) Make
recommendations concerning such applications to the board of county
commissioners; and
(4) Periodically
review and recommend amendments to this subchapter or the plan.
(Ordinance 2014-07 adopted 6/10/14)
The county may terminate this subchapter and the plan and any
or all project participation agreement undertaken and approved under
this or previous ordinances only as specified in NMSA 1978, section
5-10-12. Any unexpended and unencumbered balances remaining in any
project fund or account upon repeal of a plan and termination or dissolution
of a project may be transferred to the general fund.
(Ordinance 2014-07 adopted 6/10/14)