Title
Incorporated County of Los Alamos Resolution No. 24-28, A Resolution Accepting Public Infrastructure for the Mirador Subdivision Phase II Pursuant to the Development Agreement for Certain Real Property within Site A-19-A-2, of the Mirador Public Improvement District, White Rock
Recommended Motion
I move that Council adopt Resolution No. 24-28, A Resolution Accepting Public Infrastructure for the Mirador Subdivision Phase II Pursuant to the Development Agreement for Certain Real Property within Site A-19-A-2, of the Mirador Public Improvement District, White Rock.
County Manager's Recommendation
The County Manager recommends that Council approve the motion as presented.
Body
Los Alamos County Code Section 16-91 states that County acceptance of public improvements and utilities shall be by motion of the County Council only. The County Council shall accept only upon recommendation by the County Engineer and Utilities Manager. The recommendation by the County Engineer and Utilities Manager shall be contingent upon:
(1) fulfillment of the requirements for responsibility for maintenance;
(2) an opinion by the County Attorney that satisfactory and proper conveyances have been made by the developer to the County;
(3) public improvements have been completed and are in good repair in accordance with approved plans and specifications;
(4) utilities have been completed and are in good repair with approved plans and specifications reviewed by the utilities department;
(5) as-built drawings dated, certified and stamped by a professional engineer have been submitted to and accepted by the County Engineer and Utilities Manager; and,
(6) all monuments have been placed.
The developer has requested County acceptance of the Dedication of Right-of-Way and Public Improvements in the Mirador Subdivision. The Utilities Manager, County Engineer, and the County Surveyor have indicated their opinion that code requirements have been met and that they recommend acceptance of the Dedication of Right-of-Way and Public Improvements in the Mirador Subdivision which consists of the western portion of the subdivision, which is shown as Phase 2 in Attachment B.
Fiscal and Staff Impact/Planned Item
Upon acceptance, the County will take ownership of and be responsible for the maintenance / replacement of the public infrastructure except as detailed in County Code Sec. 16-90.
Los Alamos County Code Section 16-90, Responsibility for Maintenance states that any development where public improvements are proposed for dedication to the county must comply with the following requirements:
(1) To provide for repair of damage resulting from subsequent construction operations of the subdivider or his contractors, the developer shall be responsible for all maintenance of improvements and utilities for a period of not less than 12 months following acceptance of the development improvements by the county engineer and utilities manager. If the developer fails to begin maintenance or repair work within three weeks of written notice from the county engineer and utilities manager stating what work needs to be done, the county may complete the necessary work. The developer shall then be liable for all costs so incurred by the county.
(2) Upon acceptance by the county engineer and utilities manager of the development, the developer must furnish either a maintenance bond guaranteeing completion of any maintenance required by the county engineer and the utilities manager for 12 months after acceptance of the development by the county engineer and utilities manager; or, at least ten percent of the original escrow funds, as stipulated in section 16-89, shall be retained by the county as a maintenance deposit. The maintenance bond must be satisfactory in form and content to the county engineer, the utilities manager and the county attorney. The bond will be released or balance of escrow funds returned to the developer at the later date of 12 months after acceptance of the development or completion of maintenance required by the county engineer and utilities manager.
Public infrastructure includes streets (including snow and ice control), roadway lighting, sidewalks, curb & gutter, traffic control devices, street signs, and utilities infrastructure. Road mileage (0.65 miles) within the subdivision will be added to the County's annual road mileage certification that is submitted to the New Mexico Department of Transportation.
Attachments
A - Resolution No. 24-28
B - Mirador Subdivision Phases Map
C - Mirador Correction Plat
D - Mirador Deed of Dedication
E - Publication Notice