Pueblo de San Ildefonso Law Library

Resolution No. SI-R19-001: Property Management Contract Authorization Act

At a duly called meeting of the Council of San Ildefonso Pueblo on the 30th day of January, 2019, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

WHEREAS, the Governor has identified three homes owned by the Pueblo that could be leased to generate income, as long as the Pueblo provides property management services including home repair, maintenance, and administration of the landlord-tenant relationship; and

WHEREAS, the Pueblo has a long-standing, successful relationship with the Northern Pueblo Housing Authority ("NPHA"), which the Pueblo has authorized to operate and manage its housing programs; and

WHEREAS, the Council has determined that it is in the best interest of the Pueblo to authorize the Governor to hire NPHA to provide property management services for the three homes identified by the Governor and for any other homes or property that may be added to the Pueblo's inventory from time to time.

NOW THEREFORE BE IT RESOLVED that the Council hereby enacts the attached law entitled, "PROPERTY MANAGEMENT CONTRACT AUTHORIZATION ACT".

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on January 30 , 2019, at a meeting with a vote of 9 in favor, 0 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): CR James L. Naranjo

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
William Stuart Christian X
Glenda Fred-Weahkee X
Thelma Gonzales X
Thomas Gonzales X
Christopher Moquino X
Raymond J. Martinez X
Tim Martinez X
James L. Naranjo X
Leon T. Roybal X
Irene Tse-Pe X

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R19-001 was presented to the Governor of the Pueblo de San Ildefonso on the 30th day of January, 2019, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of _______________________, 2019.

Perry Martinez, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2019.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
William Stuart Christian
Glenda Fred-Weahkee
Thelma Gonzales
Thomas Gonzales
Christopher Moquino
Raymond J. Martinez
Tim Martinez
James L. Naranjo
Leon T. Roybal
Irene Tse-Pe

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2019, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

PROPERTY MANAGEMENT CONTRACT AUTHORIZATION ACT

Section 1.1. Short Title

This enactment shall be known as the, "PROPERTY MANAGEMENT CONTRACT AUTHORIZATION ACT" ("Act").

Section 1.2. Purpose

The purpose of this Act is to authorize the Governor to hire the Northern Pueblo Housing Authority ("NPHA") to provide property management services for three homes owned by the Pueblo and for other property that may be added to the Pueblo's inventory from time to time.

Section 1.3. Findings

The Council hereby finds and declares that:

(a) The Governor has identified three homes owned by the Pueblo that could be leased to generate income, as long as the Pueblo provides property management services including home repair, maintenance, and administration of the landlord-tenant relationship; and

(b) The Pueblo has authorized the Northern Pueblo Housing Authority ("NPHA") to operate and manage its housing programs resulting in a long-standing, successful relationship between the Pueblo and NPHA; and

(c) The three homes identified by the Governor are currently vacant but with minor repairs and normal home maintenance, these homes could become desirable rental properties for qualified tenants, thereby generating significant income for the Pueblo; and

(d) The NPHA currently provides certain property management services for the Pueblo primarily relating to federally-funded HUD programs and related services; and

(e) The NPHA has substantial experience providing property management services to the Pueblo, and is uniquely familiar with the laws and practices of the Pueblo; and

(f) The Council has determined that it is in the best interest of the Pueblo to authorize the Governor to hire NPHA to provide property management services for the three homes identified by the Governor and for any other homes or property that may be added to the Pueblo's inventory from time to time, and to authorize the Governor to contract with NPHA for related renovation and rehabilitation services.

Section 1.4. Contract Authorization

(a) The Council hereby authorizes the Governor to negotiate and execute a contract, on a sole-source basis, with NPHA for property management services in substantially the same form as the standard, 8-page Realtors Association of New Mexico Property Management Agreement – Residential (attached hereto), with the express recognition of the need to address and/or modify the provisions governing choice of law and the application of New Mexico law.

(b) The Council hereby authorizes the Governor to negotiate and execute a contract, on a sole-source basis, with NPHA for property renovation and rehab services for designated properties under management by NPHA subject to an appropriation of funds for such purposes; provided, that the Governor shall approve all renovation and rehab services prior to the initiation of such services.

Law Information

Cites

  • Council Resolution No. SI-R19-001

Effective

January 30, 2019