[HISTORY: Adopted by the Board of County Commissioners of
Otero County 8-28-2000 by Ord. No. 00-01; amended in its entirety
12-1-2015 by Ord. No. 15-07. Subsequent amendments noted where applicable.]
STATE LAW REFERENCES
Local Economic Development Act — See NMSA 1978,
§ 5-10-1 et seq.
Public support for economic development projects — See
N.M. Const. Art. IX, § 14.
This chapter may be cited as the "Local Economic Development
Plan Ordinance."
The Local Economic Development Plan Ordinance is enacted pursuant
to the statutory authority conferred upon municipalities and counties
to allow public support of economic development (NMSA 1978, §§ 5-10-1
to 5-10-13). This chapter is adopted as part of Otero County's
Economic Development Plan.
A.
The purpose of the Local Economic Development Plan Ordinance is to
allow public support of economic projects to foster, promote and enhance
local economic development efforts while continuing to protect against
the unauthorized use of public money and other public resources. Further,
the purpose of the Economic Development Plan shall be to promote the
establishment of any economic development projects that may qualify
under the Act, and be approved by Otero County, and any partner or
partner under a joint power agreement if applicable.
B.
Local Economic Development Act. Otero County shall have authority
pursuant to this chapter and the Economic Development Plan to exercise
the full powers permitted in the Act, except as specifically provided
in this chapter.
A.
Otero County declares the following to be desired goals:
(1)
To diversify the local economy by the creation of additional jobs
in existing businesses and the development of new businesses.
(2)
To support the development of industrial/business park(s) that will
be attractive to new and expanding businesses.
(3)
To only assist businesses that meet all applicable environmental
rules and regulations, both state and national.
(4)
To encourage cooperation between the public and private sectors as
they assist in the creation of new jobs.
(5)
To support and encourage actions that will foster the utilization
of Holloman AFB and White Sands Missile Range at their current levels
of employment and when possible work for the creation of additional
jobs.
(6)
To help develop within the community's resources the best possible
vocational and other skill training to prepare the local populace
to enter the work force.
B.
Economic development projects that fit most or all of these criteria
may be considered for assistance under the Local Economic Development
Act. This list is not necessarily all inclusive; and should an industry
fall outside this preferred list, individual consideration may be
granted. Otero County considers the following types of businesses
to be those that are preferred or meet the community goals:
(1)
Industries that meet all environmental standards, both state and
federal.
(2)
Industries that do not use large amounts of water. (Exceptions may
be made in instances where the water is mostly reprocessed rather
than discharged.)
(3)
Industries that pay a wage above the local per capita income.
(4)
Industries that provide jobs attractive to high unemployment groups,
including second incomes for families.
(5)
Industries that will help diversify the local labor market and lessen
the reliance on federal government employment.
(6)
Research and development, particularly those related to the aerospace
industry.
(7)
Light assembly or manufacturing industries.
No local or regional government shall provide public support
for economic development projects as permitted pursuant to Article
IX, § 14, of the Constitution of New Mexico except as provided
in the Local Economic Development Act or as otherwise permitted by
law.
A.
Any qualifying entity meeting the definition set forth in the Act
may propose an economic development project to Otero County. Meeting
the definition of a qualifying entity does not create any obligation
on the part of Otero County.
B.
It is the intent of Otero County to evaluate the form and extent
of aid provided to qualifying entities (as defined in the Act), the
security to be provided to Otero County and other details of each
economic development project on a case-by-case basis depending on
the particular circumstances of each proposed project.
C.
Otero County may negotiate with a qualifying entity on the type or
amount of assistance to be provided or on the scope of the economic
development project.
A.
The qualifying entity shall enter into a project participation agreement
with Otero County.
B.
Public support provided for an economic development project shall
be in exchange for a substantive contribution from the qualifying
entity. The contribution shall be of value and may be paid in money,
in-kind services, jobs, expanded tax base, property or other thing
or service of value for the expansion of the economy.
C.
The qualifying entity shall provide security to the entity's
obligations based on terms stated in the project participation agreement
and pursuant to the Act.
At any time after approval, the governing body of Otero County
may enact an ordinance terminating the economic development plan and
dissolving or terminating any or all projects. An ordinance repealing
an economic development plan shall not be effective unless the ordinance
provides for satisfying existing contracts and the rights of the parties
arising from those contracts.
