CITY OF ALBUQUERQUE PO Box 12 Albuquerque NM 87105 Apsil 20, 2009 Isaac Benton, President City Council, District 3 One Civic Plaza NW, 9” Floor Albuquerque, NM 87102 Dear President Benton, ‘Thank your for your letter of April 15, 2009. Under my oath of office, T cannot distegard the City Attorney's opinion of Apsil 13, 2009, that the time for the Council to act has expired, particularly when the plain language of the Ordinance provides The Council shail approve the Capital Improvements Program (CIP) as proposed or shail amend and approve it. Council action shall be within 60 days after it has been submitted by the Mayor. Hence, I cannot accept your offer to send an amendment to a piece of legislation which I believe does not legally exist. Nor do I think taxpayers should have to spend money on attorneys as has been ptoposed by some members of the City Council. Rather, in the spirit of compromise, and if acceptable to the City Council, I would offer the appended proposed amendment. Note the amendment refers to the floor substitute adopted by the City Council. It further keeps all of the Council priorities intact. It does not include Tingley but does use the full capacity of the CIP, which I believe is truly important in this time of recession. It also avoids setting legal precedent for future mayors and councilors. I offer a second alternative and that would be an entirely new CIP reflecting the projects contained in the appended document. I hope that a majority of the Council will accept this offer of compromise. If so, I will promptly prepare the appropriate amendments for Council action. I remain open to any other suggestions you may have. Sincerely Martin J. Chavez Mayor