The Attorney General’s Office says the Las Cruces City Council would be in violation of a state statute if it voted Monday on the annexation of 4,200 acres on the
The land is part of a 6,000-acre proposed development, The Vistas at Presidio. The council is scheduled to vote Monday on the master plan of the development and annexation of the land that isn’t in the city.
At issue is a state statute that dictates the timeframe for a vote. Deputy City Attorney Pete Connelly has interpreted the statute to say the council has to give an up-or-down vote on the annexation within 30 days of April 12, the day the Doña Ana County Board of Commissioners provided feedback on the annexation proposal.
But Councilor Ken Miyagishima challenged that opinion and got three lawmakers to ask the attorney general for an opinion.
The AG says the council must vote on the annexation between 30 and 60 days after first reading of the proposal, which took place at the council’s Monday meeting. That means, according to the AG, that the council should vote between May 16 and June 15.
“We conclude that the statutory guidelines… do not permit the Las Cruces City Council to take action at its scheduled meeting on April 23,” the AG opinion states.
The AG has been working with staff from the city this week as it formed its opinion, and City Manager Terrence Moore said it appears likely that the council won’t vote Monday on master-plan approval and the annexation of the 4,200 acres that aren’t in the city limits. He plans to bring up the issue this afternoon at a public meeting on the development.
“I simply look at this as everybody’s now on the same page as far as the timeframe,”
Though the AG says the council can’t act on the 4,200-acre portion of the development Monday because of the annexation statute, the master plan for the 1,700-acre portion of the development that’s already in the city could still be voted on Monday by the council, because it doesn’t involve an annexation.
It’s also important to note that the AG opinion is just that – an opinion. The council could opt to proceed under a different interpretation, which would likely lead to the issue being settled in court.
The city will have to sort out how to proceed. I’ll have more this afternoon.