City Council

THE CITY OF ARTESIA, NEW MEXICO 511 W. Texas Ave. (575) 746-3593 Mayor P.O. Box 1310 (575) 746-2122 City Clerk Artesia, NM 88211-1310 (575) 746-3886 Fax AGENDA CITY COUNCIL MEETING March 26, 2024 5:00 p.m. 1. Determination as to whether quorum present 2. Invocation and pledge of allegiance 3. New Requests for City Facilities: 4. City Departments and Employees 5. Special Reports 6. Period for Hearing Visitors (3-minute time limit) 7. Approval of Consent Agenda 8. Public Hearings – including consideration of final passage of any ordinance as to which proper notice has been published. 9. Comments from Public Officials and Contracted Services 10. Committee Reports: A. Budget and Finance B. Personnel C. Police and Fire D. Planning (Project Management, Code Enforcement, Permits and Inspections) E. Recreation F. Infrastructure (Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid Waste, Facility Maintenance) G. Government 11. Personnel: A. 12. Public Safety: A. Police Department: 1) B. Fire Department: 1) 13. Infrastructure: A. Community Development:  City Council Agenda March 26, 2024 Page | 2 1) *Approval to set a public hearing on April 23, 2024, to consider an ordinance approving a contract for purchase and sale of real estate located 401 W. Centre Ave, Artesia NM, by the City of Artesia to JHTC Investments, LLC, a New Mexico limited liability company, as buyer for the purchase price of $100,000 with additional conditions. B. Infrastructure: 1) 14. City Attorney: 15. City Clerk: A. Audit report for FY23. 16. Mayor: A. *Executive Session: In accordance with the State of New Mexico Open Meetings Act, Section 10-15-1-(H)(7): a. Limited Personnel Matters – Appointive Officers i. Action as a result of executive session 17. New or other business from Councilors: 18. Adjournment  CONSENT AGENDA March 26, 2024 1. Approval of Minutes *March 12, 2024 2. Consideration of Bids: 3. Contracts, Leases and Agreements: 4. Appointments: A. *Approval of appointment of Nick Brito to the Artesia Historical Museum Commission (term to expire March 2026) 5. Personnel Resignations, Hirings, Promotions, and Transfers: Upon recommendation of the Mayor, subject to successful completion of required pre- employment testing, permission to: A. *Hire: Name Department Position Rate of Pay 1. Jacob Lopez P&Z Building Inspector I $4015.70 p/mo Electrical CA17 2. Amanda Baker Infrastructure Senior Admin Assist $3282.44 p/mo CA15 B. *Resignation: 1. ***REVISED*** Accept the retirement of Layton Priest, Water Operator I, Water, effective March 12, 2024 6. Dates of Hearing: A. * 7. *Travel and Training: A. Fire – Permission for one (1) employee to attend the FDIC International Fire Conference in Indianapolis, IN. B. Police – Permission for one (1) employee to attend the Biennium Update Class in Santa Fe, NM. C. Police – Permission for one (1) employee to attend the Managing Training & Evaluation Programs in Albuquerque, NM. D. Police – Permission for one (1) employee to attend the NASRO in Phoenix, AZ. E. Police – Permission for two (2) employees to attend the Funeral NMSP Justin Hare in Albuquerque, NM. 8. Routine Requests for City Facilities: 9. Routine Resolutions (to be assigned a number by staff): 10. Budgeted Items: 11. Quarterly Journal Entries: 12. Non-budgeted Items: 13. *Payment of Bills  `MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO March 12, 2024 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, March 12, 2024, at 5:00 p.m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Ignacio Mariscal Raul Rodriguez Sam Hagelstein George Mullen Jeff Youtsey Wade Nelson Jarrod Moreau Also, present: Summer Valverde, City Clerk/Treasurer Cass Tabor, City Attorney Absent: Richard Townley It was determined that a quorum was present. The invocation was given by Councilor Rodriguez, all joined in the Pledge of Allegiance. New Requests for City Facilities City Clerk Summer Valverde presented a request for QB Impact Academy for the use of Jaycee Park’s City of Champions Sports Complex to hold their QB Impact Reload event on April 6th & 7th, 2024, from 8:00 am to 6:00 pm. Mr. Byron Landfair rmotioned for an approval of new dates to be April 13th & 14th. Councilor Rodriguez moved to approve. Seconded by Councilor Hagelstein and upon vote, the motion passed. Consent Agenda Councilor Rodriguez moved to approve the consent agenda as written. Seconded by Councilor Hagelstein and upon vote, the motion passed. The Consent Agenda includes: CONSENT AGENDA March 12, 2024 1. Approval of Minutes *February 27, 2024 2. Consideration of Bids: A. *Approval of award of bid for a quality control contract for demolition and abatement to Custom Construction and GWC Construction. B. Approval of award of bid for construction of the Athletic West Field Concession and Restrooms at the City of Artesia Jaycee Park to White Sands Construction, Inc. with a 120- day completion timeline. 3. Contracts, Leases and Agreements: A. *Approval for the replacement appointment of Rosie Theriault to the Commission on Aging Advisory Council (term to expire June 2025) 4. Appointments: 5. Personnel Resignations, Hirings, Promotions, and Transfers: Upon recommendation of the Mayor; subject to a successful completion of required pre- employment testing, permission to:  City Council Agenda March 12, 2024 Page |2 A. *Hire: Name Department Position Rate of Pay 1. Makayla Giovannini F&A Senior Admin $3282.44 p/mo Assistant CA15 B. Ratification of Demotion: 1. Layton Priest Water Water Operator III Water Operator I C. Resignation: 1. Accept the retirement of Layton Priest, Water Operator I, Water, effective March 29, 2024. 2. Accept the resignation of Glynda McWhorter, Van Driver, Senior Center effective March 5, 2024. 6. Dates of Hearing: 7. *Travel and Training: A. Police – Permission for one (1) employee to attend the Instructor Development in Roswell, NM. B. Police – Permission for two (2) employees to attend the General Instructor Update in Carlsbad, NM. C. Police – Permission for six (6) employees to attend the Child Sexual Abuse/Child Pornography Training in Carlsbad, NM. D. Police – Permission for two (2) employees to attend the Officer Street Survival Training in Albuquerque, NM. E. Police – Permission for two (2) employees to attend the Foundation of Forensic Photography online. F. Police – Permission for two (2) employees to attend the TEEX Forensic Training in Dallas, TX. G. Police – Permission for one (1) employee to attend the Shooting Reconstruction in Pueblo, CO. H. Infrastructure – Permission for one (1) employee to attend the TCT and TSC Training in Albuquerque, NM. I. Finance – Permission for one (1) employee to attend the NMML Clerk’s Certification Workshop in Ruidoso, NM. J. Finance – Permission for one (1) employee to attend the Payroll Tax Changes for 2024, online. 8. Routine Requests for City Facilities: 9. Routine Resolutions (to be assigned a number by staff): 10. Budgeted Items: 11. Quarterly Journal Entries: 12. Non-budgeted Items: 13. *Payment of Bills Public Hearings Mayor Henry sought for a motion to open public hearings. Councilor Mullen moved to open. Seconded by Councilor Rodriguez and upon vote, the motion passed. A. *Consideration and approval of an ordinance for Case No. 23-103: Final Plat for Johnson Family Land Division 3 Line Adjustment Tract F1-1 Summary Plat. Request to subdivide 21.74 acres into three (3) tracts; Location: North of 2877 Johnson Rd: Legal: Tract F1-1, Family Land Division 3 Line Adjustment Section 28, Township 17 South, Range 26 East, N.M.P.M.; Owner: Georgie E Johnson. Infrastructure Director Byron Landfair presented the request for ordinance 1126. Mr. Landfair stated the planning and zoning commission will review the ordinance and unanimously motioned for an approval and support.  City Council Agenda March 12, 2024 Page |3 No public, city attorney, or council comments was received. Councilor Rodriguez moved to approve ordinance 1126. Seconded by Councilor Moreau and upon roll call vote, with the following votes recorded: Aye: Nelson, Youtsey, Mullen, Moreau, Rodriguez, Mariscal, Hagelstein Nay: None. the motion passed. Ordinance approved. ORDINANCE 1126 A. *Consideration and approval of an ordinance for Case No. 23-104: Final Plat for Hocker & Sons Commercial Park. Request to subdivide 40.319 acres into eight (8) tracts: Location: Champion Street Legal: Section 32, Township 16 South, Range 26 East; Owner: Roy Glenn Hocker & Adia Hocker. Infrastructure Director Byron Landfair presented a request for ordinance 1127. Mr. Landfair added the applicant submitted information stating the proposed subdivision is currently zoned M1 Light Industrial. The road is to be named Champion’s Street. The road is to remain privately maintained. If property is to be sold, a private maintenance agreement or a HOA must be established. No public, city attorney, or council comments was received. Councilor Rodriguez moved to approve ordinance 1127. Seconded by Councilor Hagelstein and upon roll call vote, with the following votes recorded: Aye: Mariscal, Hagelstein, Rodriguez, Moreau, Mullen, Youtsey, Nelson Nay: None. the motion passed. Ordinance approved. ORDINANCE 1127 Councilor Rodriguez moved to adjourn public hearing. Seconded by Councilor Mariscal and upon vote, the motion passed. Committee Reports Budget & Finance – Councilor Moreau reported a discussion for the upcoming budget year implementing a new strategy pay scale and discussed a 2.1 budget. Personnel – None. Police & Fire – None. Planning – Councilor Rodriguez reported a discussion regarding upcoming events, City of Champion rules and policies, fees for food trucks outside of events, but no action was taken during the discussion. Recreation – None. Infrastructure – None. Government – None. Personnel HR Director Jerry Conde reported on personnel stats. There were no questions.  City Council Agenda March 12, 2024 Page |4 Public Safety Police Police Chief Kirk Roberts reported on stats. Mayor Pro tem Youtsey inquired regarding the Parvo outbreak. Chief Roberts recommended for citizens who own pets look into getting the Parvo shots or Parvo Booster shot and clean the residence upon arrival of a new pet in the home. Chief stated Parvo can live in the dirt for about seven years. Fire Police Chief Roberts reported on stats. There were no questions. Community Development/Infrastructure Community Development Infrastructure Director Byron Landfair reported on stats and stated two businesses 1) Schlotzsky's and 2) McDonald’s were currently in the permitting process. He also stated a permit has been received for the demo of the old Tastee Freeze/Ruth’s property. Infrastructure Infrastructure Director, Byron Landfair presented the MOU with the City of Artesia and the Artesia Recreation Center Foundation. Jose Zelaya, Architect with Huitt-Zollars, greeted mayor and council. Mr. Zelaya presented the conceptual design of the Artesia Recreation Center. Mr. Zelaya stated the facility will be located south of the aquatic center on seven (7) acres. The facility will be approximately 47,000 square feet within two stories. The facility will have a walking track, weight room, cardio room, three courts – two courts will be lined for basketball and volleyball. The remaining court will be lightly lined for both basketball and three pickleball courts. Utilization of the facility was also discussed. Mayor Pro tem Youtsey moved to approve the MOU between the City of Artesia and the Artesia Recreation Center Foundation. Seconded by Councilors Hagelstein and Moreau and upon vote, the motion passed. Mr. Landfair provided updates on projects within the city. City Clerk City Clerk Summer Valverde presented the resolution 1852 budget adjustment. Councilor Hagelstein moved to approve resolution 1852. Seconded by Councilor Rodriguez and upon vote, motion passed. RESOLUTION 1852 Mayor A. Discussion on preparation of FY25 Budget City Clerk Summer Valverde briefly explained preparation of the FY25 Budget plan.  City Council Agenda March 12, 2024 Page |5 New or other business from Councilors Councilor Mariscal gave thanks to all that came to vote and recognized volunteers for help with his campaign. He also proceeded to thank Nick Garcia for his candidacy for city Councilor. Councilor Hagelstein gave thanks to the Artesia Recreation Center Foundation. Councilor Rodriguez congratulated the candidates and expressed his thanks to the public for attending the meeting and wished the Bulldogs Basketball team well. Councilor Moreau expressed a thank you to everyone who voted for him. Mayor Henry congratulated the girls’ softball and basketball teams as well as the new elected candidates. Adjournment There being no further business, the meeting was adjourned at 5:52 P.M. on March 12, 2024. ____________________________________ Jon Henry, Mayor ATTEST: ______________________________________ Summer Valverde, City Clerk/Treasurer  City of Artesia Position Hiring Process Review Position: Building Inspector I - Electrical Posting: ■ Internal ■ External Newspaper Advertising Artesia Daily Press Roswell Daily Record Carlsbad Current Argus Albuquerque Journal New Mexico Press Other (please list) Other Recruiting City Website Other (please list) Indeed.com Bulletin Boards in Water Dept & Safety Complex Applications: Total Applicants: 1 Internal Applicants: 0 External Applicants: 1 Interview: Total Interviews: 1 Internal Applicants: 0 External Applicants: 1 Due to years of experience and qualifications Pay Scale: Requested Starting Salary $4015.70 per month CA17 Yes No Within Current Pay Scale? X (if no please explain) Yes No Above Entry Step: X (if yes please explain) Due to years of experience and qualifications  City of Artesia Position Hiring Process Review Position: Building Inspector I - Electrical Posting: ■ Internal ■ External Newspaper Advertising Artesia Daily Press Roswell Daily Record Carlsbad Current Argus Albuquerque Journal New Mexico Press Other (please list) Other Recruiting ■ City Website ■ Other (please list) Indeed.com Bulletin Boards in Water Dept & Safety Complex Applications: Total Applicants: 1 Internal Applicants: 0 External Applicants: 1 Interview: Total Interviews: 1 Internal Applicants: 0 External Applicants: 1 Due to years of experience and qualifications Pay Scale: Requested Starting Salary $4015.70 per month CA17 Yes No Within Current Pay Scale? X (if no please explain) Yes No Above Entry Step: X (if yes please explain) Due to years of experience and qualifications Due to years of experience and qualifications Due to years of experience and qualifications 03-21-2024 02:30 PM C O U N C I L R E P O R T PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL General Fund UHC ELIZABETH NAILON REFUND 419.80 SPEIR, JOHN JR. REFUND MARHTA SPEIR 538.78_ TOTAL: 958.58 Legislative General Fund ARTESIA DAILY PRESS LEGAL NOTICE 102.48_ TOTAL: 102.48 Municipal Court General Fund CENTURYLINK CENTURYLINK 74.03_ TOTAL: 74.03 Finance & Admin General Fund PAWS & CLAWS HUMANE SOCIETY, INC. 4TH QTR 23-24SPAY & NEUTER 2,495.75 NEW MEXICO GAS COMPANY GAS BILL / 611 W. MISSOURI 28.72 NM COMMISION OF PUBLIC RECORDS STORAGE FEES FOR OCTOBER 2 13.50 STORAGE FEES FOR JANUARY 13.50 STORAGE FEES FOR FEBRUARY 13.50 ARTESIA CLEAN & BEAUTIFUL REIMBURSEMENT 12/16/23-3/1 13,750.00 ARTESIA MAIN STREET, INC MNTNC CITY OWNED PROP 22,457.23 DWNTN RVTLZTN 3RD QTR FYE 3,350.00 ARTESIA SOFT WATER BOTTLED WATER DELIVERED 64.03 TABOR LAW FIRM, LLC GENERAL LEGAL SERVICES 7,088.71 PITNEY BOWES GLOBAL FINANCIAL SERVICES EQUIPMENT LEASE 1,015.53 PVT (PENASCO VALLEY TELECOMMUNICATIONS CITY CLERK PVT 2,632.29 CENTURYLINK CITY HALL FAX 234.84_ TOTAL: 53,157.60 Street Dep General Fund DESERT HILLS ELECTRIC SUPPLY, INC. 480V LED FIXTURE 1,784.69 DESERT HILLS ELECTRIC SUPP 2,614.80 NEW MEXICO GAS COMPANY 15 E COMPRESS BLD #3 251.97 15 E COMPRESS RD 947.16 TRI GEN WEEDICATORS LLC WEED SPRAYING 2,518.91 PILOT THOMAS LOGISTICS, LLC (BULK FUEL FUEL 1,111.45 ARTESIA MAIN STREET, INC GREENWAY 3RD QTR FYE 2024 16,589.36 HOLIDAY EXPENSES 8,655.54 ARTESIA PLUMBING HEATING & COOLING REPLACED CAST IRON DRAIN L 1,090.96 WESSON ELECTRIC MISC ELECTRICAL & LIGHTING 9,449.23_ TOTAL: 45,014.07 Police General Fund PROFORCE MARKETING, INC. AMMO 3,840.00 CRIMESTOPPERS OF EDDY COUNTY RMBRSMNT FOR 3/1/23-2/29/2 1,500.00 RMBRSMNT FOR 3/1/23-2/29/2 60.99 ARTESIA FORD MERCURY SALE #68 REPAIRS 865.71 BREWER OIL CO FUEL 4,912.84 NM DEPT OF PUBLIC SAFETY INSTRCTR CRTFCTN DAVID BAI 10.00 NM JUNIOR COLLEGE JENNA GONZALES 3,930.00 CENTURYLINK NO EDDY CRIME STOPPERS 61.07 ANIMAL SHELTER 151.38_ TOTAL: 15,331.99 Fire General Fund AT&T MOBILITY II LLC DBA AT&T MOBILITY AT&T MOBILITY II LLC DBA A 86.46 THE TRIZETTO GROUP, INC. ELECTRONIC CLAIMS 197.34 CENTRALSQUARE TECHNOLOGIES BILLING SOFTWARE 698.82 TARGET SOLUTIONS LEARNING LLC TSCHECKIT-A-VECTOR CHECK I 4,802.38 INOVALON PROVIDER,INC INSURANCE DISCOVERY 551.74 INSURANCE DISCOVERY 551.74 BREWER OIL CO FUEL 1,468.90_ TOTAL: 8,357.38 03-21-2024 02:30 PM C O U N C I L R E P O R T PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ Artesia Center General Fund CENTURYLINK ARTESIA CENTER 76.86_ TOTAL: 76.86 Commission on Aging General Fund JACK RICHARDSON DBA CIBOLO SPRINGS 2 PERFORMANCES @ SENIOR CT 100.00 BREWER OIL CO FUEL 448.67 CENTURYLINK COMM ON AGING 78.28_ TOTAL: 626.95 Library General Fund BLACKSTONE PUBLISHING LIBRARY BOOKS (ADULT) 40.00 LIBRARY BOOKS (ADULT) 240.00 NEW MEXICO GAS COMPANY 205 W. QUAY 701.45 EBSCO INFORMATION SERVICES LIBRARY AWARE 1,458.00 INGRAM LIBRARY SERVICES, INC. CHILDRENS BOOKS 331.49 CHILDRENS BOOKS 175.24 CHILDRENS BOOKS 20.73 CHILDRENS BOOKS 43.77 CHILDRENS BOOKS 37.83 BIBLIOTHECA, LLC OFFICE SUPPLIES SECURITY T 2,673.16 THE ASSOCIATION FOR RURAL & SMALL LIBR MEMBERSHIP RENEWAL 225.00 BAKER & TAYLOR BOOKS LIBRARY BOOKS (ADULT) 402.13 LIBRARY BOOKS (ADULT) 90.09 LIBRARY BOOKS (ADULT) 32.80 LIBRARY BOOKS (ADULT) 10.19 LIBRARY BOOKS (ADULT) 34.96 LIBRARY BOOKS (ADULT) 15.59 LIBRARY BOOKS (ADULT) 48.09 GALE/CENGAGE LEARNING LIBRARY BOOKS (ADULT) 187.43 LIBRARY BOOKS (ADULT) 113.21 LIBRARY BOOKS (ADULT) 100.00 CENTURYLINK LIBRARY ALARM LINE 75.69 ARTESIA PUBLIC LIBRARY 311.64 TEXAS INDUSTRIAL SERVICES MATS 92.34_ TOTAL: 7,460.83 Museum General Fund NEW MEXICO GAS COMPANY GAS BILL/503 RICHARDSON MU 85.90 CENTURYLINK HISTORICAL MUSEUM 83.05 MUSEUM ANNEX 168.45_ TOTAL: 337.40 Garage General Fund SOUTHERN TIRE MART, INC. S.W. TRAILERS, UNIT #112 600.28 TEXAS INDUSTRIAL SERVICES UNIFORMS 103.82_ TOTAL: 704.10 Election General Fund ARTESIA DAILY PRESS LEGAL NOTICE 259.86 DOMINION VOTING SYSTEMS, INC BALLOT PROGRAMMER 4,100.00_ TOTAL: 4,359.86 Planning General Fund GREATER ARTESIA FOUNDATION MY NGHBRHD 3RD QTR FYE 202 8,023.59 MY NGHBRHD 1ST QTR FYE 202 1,175.20 ARTESIA SOFT WATER BOTTLED WATER DELIVERED 10.29 BREWER OIL CO FUEL 150.64_ TOTAL: 9,359.72 Personnel General Fund TABOR LAW FIRM, LLC PROSECUTION 8,061.98 BREWER OIL CO FUEL 305.98 PVT (PENASCO VALLEY TELECOMMUNICATIONS CITY CLERK PVT 4,314.16 03-21-2024 02:30 PM C O U N C I L R E P O R T PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 12,682.12 Facility Maintenance General Fund WINSUPPLY ROSWELL NM CO SUPPLIES 186.95 ADVANTAGE HEATING & COOLING LLC ANIMAL SHELTER FREEZER REP 5,207.30 ARTESIA FORD MERCURY SALE #401 REPAIRS 2,914.73 ARTESIA PLUMBING HEATING & COOLING SEWER MACHINE/CLEANED DRAI 244.89 PLUMBING SUPPLIES 310.99 ALK INC CONTINUOUS HINGE INSTALL/R 867.05 SERVICE CALL 178.82 CONSOLIDATED ELECTRICAL D ELECTRICAL SUPPLIES 51.73 ELECTRICAL SUPPLIES 256.95 HOMELINE 2 POLE 100 AMP 72.54_ TOTAL: 10,291.95 Fire Protection Dept Fire Fund IMAGETREND, INC. IMAGETREND, INC. 14,085.59_ TOTAL: 14,085.59 Law Enforcement Asst D Law Enforcement As PROFORCE MARKETING, INC. POLICE PISTOLS 1,779.50 POLICE PISTOLS 3,411.20_ TOTAL: 5,190.70 Recreation Dept Recreation Fund ULINE, INC. ALUMINUM BLEACHERS 2,923.32 WORTKTABLE/MOP SUPPLIES 1,130.33 ADJSTBL WIDTH PALLET TRUCK 1,165.33 COATS PLUMBING AND HVAC LLC MARCH SALT DELIVERY 192.00_ TOTAL: 5,410.98 Capital Improvements D Capital Improvemen G.W.C. CONSTRUCTION, INC. ASBESTOS RMVL FIRE STATION 16,146.87 JESS HOLMES, FAIA, LLC CONTRACT # COA-23-10002 4,391.95 TERRA HAVEN LANDSCAPING & MAINTENANCE EAGLE DRAW HARDSCAPING MAT 10,000.00 J & H SERVICES, INC. WW POND LINING & SLUDGE DI 304,510.81 RBS COLLISION 2010 FORD F150 REPAIRS 5,205.13 MOLZEN CORBIN & ASSO CNTRCT #COA-23-0002 TASK O 41,080.06 SHI INTERNATIONAL CORP SOFTWARE 31,754.74_ TOTAL: 413,089.56 Wastewater Dept Waste Water Fund VEOLIA WATER TECHNOLIGIES, INC. DBA KR CAP/PEDESTAL ROTOR BRG CLA 754.76 BREWER OIL CO FUEL 584.06 CENTURYLINK WASTE WATER PLANT 245.44_ TOTAL: 1,584.26 Solid Waste Dept Solid Waste Fund SAMMY NATERA J S ENTERPRISES TRUCK & FA 17,867.54 J S ENTERPRISE TRUCK & FAR 20,100.99 GRINDING OF BRUSH 205,541.50 PILOT THOMAS LOGISTICS, LLC (BULK FUEL FUEL 1,307.69 FUEL 3,141.73 AC DISPOSAL SERVICES, INC DUMPSTER REPLACEMENT 28,776.00 SOUTHERN TIRE MART, INC. S.W. TRAILERS, UNIT #112 1,050.00 UNIFIRST FIRST AID SAFETY CORP SUPPLIES 71.92 BREWER OIL CO FUEL 1,584.00 FUEL 188.98 CENTURYLINK TRANSFER STATION 74.03 SHERWIN WILLIAMS CO PAINT 344.05 TEXAS INDUSTRIAL SERVICES UNIFORMS 338.50 UNIFORMS 341.73_ TOTAL: 280,728.66 03-21-2024 02:30 PM C O U N C I L R E P O R T PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ Water Dept Water Fund SOUTHEAST READI-MIX PRODUCTS INC. LEAN FILL 540.50 LEAN FILL 427.50 LEAN FILL 540.50 LEAN FILL 593.50 AT&T MOBILITY II LLC DBA AT&T MOBILITY AT&T MOBILITY II LLC DBA A 40.74 BADGER METER MOBILE READ MODULE SVCS 1,922.37 PURE OPERATIONS LLC, DBA PURE OPS 55 LB PAIL OF TRICHLOR 15,551.36 TERRA HAVEN LANDSCAPING & MAINTENANCE 1ST ST SEWER MANHOLES PH I 22,500.00 1ST ST SEWER MANHOLES PH I 22,500.00 BEN MARK SUPPLY CO. INC. SUPPLIES 6,167.63 ARTESIA FORD MERCURY SALE #115 REPAIRS 1,007.62 REPAIRS UNIT #110 725.61 DOS HERMANOS ELECTRIC, LLC JC PARK BOOSTERS MAINTENAN 457.49 EUROFINS ENVIRONMENT TESTING SOUTH CEN SAMPLE DRINKING WATER 65.19 SAMPLE DRINKING WATER 65.19 SAMPLE DRINKING WATER 65.19 SAMPLE DRINING WATER 65.19 DRINKING WATER 183.58 BREWER OIL CO FUEL 1,099.04 FUEL 159.36 DEANS INC FRESH WATER SYSTEM 538.23 REPLACED RADIO 938.66 RMV & REINSTALL LIGHT BAR 2,002.41 CHLORINE PUMP MAINTENANCE 290.64 CENTURYLINK CITY HALL FAX 87.91 SPARKS OFFICE SOLUTIONS, INC COPY PAPER 3,024.74 TEXAS INDUSTRIAL SERVICES UNIFORMS 152.43 UNIFORMS 152.43 US POSTMASTER UTILITY BILLING POSTAGE 1,300.00_ TOTAL: 83,165.01 Airport Dept Airport Fund AARC ENVIRONMENTAL, INC. MONITORING & SAMPLING 310.00 SPILL PRVNTN PLAN INSPECTI 1,650.00 BREWER OIL CO FUEL 98.61_ TOTAL: 2,058.61 Cemetery Dept Cemetery Fund QWEST CORPORATION DBA CENTURYLINK QWEST CORPORATION DBA CENT 79.25 BREWER OIL CO FUEL 106.38_ TOTAL: 185.63 03-21-2024 02:30 PM C O U N C I L R E P O R T PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 General Fund 168,895.92 209 Fire Fund 14,085.59 211 Law Enforcement Asst Fund 5,190.70 217 Recreation Fund 5,410.98 300 Capital Improvement Fund 413,089.56 503 Waste Water Fund 1,584.26 504 Solid Waste Fund 280,728.66 505 Water Fund 83,165.01 507 Airport Fund 2,058.61 510 Cemetery Fund 185.63 -------------------------------------------- GRAND TOTAL: 974,394.92 -------------------------------------------- TOTAL PAGES: 5 03-21-2024 02:30 PM C O U N C I L R E P O R T PAGE: 6 SELECTION CRITERIA ------------------------------------------------------------------------------------------------------------------------------------ SELECTION OPTIONS VENDOR SET: 01-City of Artesia VENDOR: All CLASSIFICATION: All BANK CODE: All ITEM DATE: 0/00/0000 THRU 99/99/9999 ITEM AMOUNT: 99,999,999.00CR THRU 99,999,999.00 GL POST DATE: 3/26/2024 THRU 3/26/2024 CHECK DATE: 0/00/0000 THRU 99/99/9999 ------------------------------------------------------------------------------------------------------------------------------------ PAYROLL SELECTION PAYROLL EXPENSES: NO EXPENSE TYPE: N/A CHECK DATE: 0/00/0000 THRU 99/99/9999 ------------------------------------------------------------------------------------------------------------------------------------ PRINT OPTIONS PRINT DATE: None SEQUENCE: By Department DESCRIPTION: Distribution GL ACCTS: NO REPORT TITLE: C O U N C I L R E P O R T SIGNATURE LINES: 0 ------------------------------------------------------------------------------------------------------------------------------------ PACKET OPTIONS INCLUDE REFUNDS: YES INCLUDE OPEN ITEM:NO ------------------------------------------------------------------------------------------------------------------------------------ 03-21-2024 02:33 PM C O U N C I L R E P O R T PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ Police General Fund HUERTA, RICARDO 1ST QTR CLOTHING STIPEND 2 60.00 MINTER, JAMES 1ST QTR CLOTHING STIPEND 2 60.00 ANAYA, XAVIER 1ST QTR CLOTHING STIPEND 2 60.00 IMAI, JAMIE 1ST QTR CLOTHING STIPEND 2 60.00 HORRELL, LAWRENCE 1ST QTR CLOTHING STIPEND 2 60.00 QUINONES, PEDRO 1ST QTR CLOTHING STIPEND 2 60.00 MCCONNAUGHY, MICHELLE 1ST QTR CLOTHING STIPEND 2 60.00 DEVORE, STEPHEN 1ST QTR CLOTHING STIPEND 2 60.00 BAILEY, HARRY 1ST QTR CLOTHING STIPEND 2 60.00 ZAMARRON, RAFAEL 1ST QTR CLOTHING STIPEND 2 60.00 LETCHER, JEFF 1ST QTR CLOTHING STIPEND 2 60.00 RODRIGUEZ, DAVID 1ST QTR CLOTHING STIPEND 2 60.00 GALLEGOS, CHRIS 1ST QTR CLOTHING STIPEND 2 60.00 BARNUM, MYRA 1ST QTR CLOTHING STIPEND 2 60.00 BAILEY, DAVID 1ST QTR CLOTHING STIPEND 2 60.00 BURNS, JERI 1ST QTR CLOTHING STIPEND 2 60.00 ROBERTS, KIRK QRTRLY CLTHNG STIPEND JAN- 60.00 HEADY, ANTHONY 1ST QTR CLOTHING STIPEND 2 60.00 BELL, AMBER 1ST QTR CLOTHING STIPEND 2 60.00 ACOSTA, JAROD 1ST QTR CLOTHING STIPEND 2 60.00 COOK, KRISTEN 1ST QTR CLOTHING STIPEND 2 60.00 FRANCO, CATALINA 1ST QTR CLOTHING STIPEND 2 60.00 GONZALES, JENNA 1ST QTR CLOTHING STIPEND 2 60.00 CONTRERAS, JAMES 1ST QTR CLOTHING STIPEND 2 60.00 BAILEY, DAVID M. 1ST QTR CLOTHING STIPEND 2 60.00 WILLIAMS, ALEXANDER 1ST QTR CLOTHING STIPEND 2 60.00 GALLEGOS, AMY 1ST QTR CLOTHING STIPEND 2 60.00 BARLOW, DAVID 1ST QTR CLOTHING STIPEND 2 60.00 RIDER, CHRISTOPHER 1ST QTR CLOTHING STIPEND 2 60.00 ROJO, BRIANNA 1ST QTR CLOTHING STIPEND 2 60.00 VILLEGAS, CHRISTOPHER 1ST QTR CLOTHING STIPEND 2 60.00 CARRASCO, BRENDA 1ST QTR CLOTHING STIPEND 2 60.00 ROBINSON, CHERAMIE 1ST QTR CLOTHING STIPEND 2 60.00 NAJAR, STEFAN 1ST QTR CLOTHING STIPEND 2 60.00 JOHNSON, WILLIAM 1ST QTR CLOTHING STIPEND 2 60.00 DEGRAY, JASON 1ST QTR CLOTHING STIPEND 2 60.00 BROWN, ZANE 1ST QTR CLOTHING STIPEND 2 60.00 DRAKE, STEPHEN 1ST QTR CLOTHING STIPEND 2 60.00 TURNER, LAKEVIUS 1ST QTR CLOTHING STIPEND 2 40.00 GONZALES, ANGEL 1ST QTR CLOTHING STIPEND 2 60.00 HERRERA, JAMES 1ST QTR CLOTHING STIPEND 2 60.00 JOHNSON, JAMIE 1ST QTR CLOTHING STIPEND 2 60.00 PEREZ, JONATHAN 1ST QTR CLOTHING STIPEND 2 60.00_ TOTAL: 2,560.00 03-21-2024 02:33 PM C O U N C I L R E P O R T PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 General Fund 2,560.00 -------------------------------------------- GRAND TOTAL: 2,560.00 -------------------------------------------- TOTAL PAGES: 2 03-21-2024 02:33 PM C O U N C I L R E P O R T PAGE: 3 SELECTION CRITERIA ------------------------------------------------------------------------------------------------------------------------------------ SELECTION OPTIONS VENDOR SET: 02-City of Artesia Employees VENDOR: All CLASSIFICATION: All BANK CODE: All ITEM DATE: 0/00/0000 THRU 99/99/9999 ITEM AMOUNT: 99,999,999.00CR THRU 99,999,999.00 GL POST DATE: 3/26/2024 THRU 3/26/2024 CHECK DATE: 0/00/0000 THRU 99/99/9999 ------------------------------------------------------------------------------------------------------------------------------------ PAYROLL SELECTION PAYROLL EXPENSES: NO EXPENSE TYPE: N/A CHECK DATE: 0/00/0000 THRU 99/99/9999 ------------------------------------------------------------------------------------------------------------------------------------ PRINT OPTIONS PRINT DATE: None SEQUENCE: By Department DESCRIPTION: Distribution GL ACCTS: NO REPORT TITLE: C O U N C I L R E P O R T SIGNATURE LINES: 0 ------------------------------------------------------------------------------------------------------------------------------------ PACKET OPTIONS INCLUDE REFUNDS: YES INCLUDE OPEN ITEM:NO ------------------------------------------------------------------------------------------------------------------------------------  CITY OF ARTESIA, NEW MEXICO ORDINANCE NO. ______________ AN ORDINANCE APPROVING A CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE LOCATED AT 401 W. CENTRE AVENUE, ARTESIA, NEW MEXICO, BY THE CITY OF ARTESIA TO JHTC INVESTMENTS, LLC, A NEW MEXICO LIMITED LIABLITY COMPANY, AS BUYER FOR THE PURCHASE PRICE OF $100,000.00 WITH ADDITIONAL CONDITIONS WHEREAS, the City of Artesia, New Mexico (hereafter “City”) is the owner of real property located at 401 W. Centre Avenue, Artesia, New Mexico, more particularly described as: THE SURFACE ESTATE ONLY OF: Lot 2, Block 4 of the Roselawn Subdivision in the City of Artesia, Eddy County, New Mexico as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; excepting and reserving for street purposes, a strip 40 feet in width along the entire West Side, and a Strip 25 feet in width along the entire South Side, and a strip 40 feet in width along the entire east Side, as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; Subject to reservations, restriction, easements of record or in open view (hereafter “Property”); and WHEREAS, the City finds that the Property is no longer essential to any municipal purpose and the City’s and its citizens’ interests would be best served by the sale of the Property to the private sector; and WHEREAS, based upon the foregoing determination the City directed the Mayor and City Clerk/Treasurer to negotiate the sale of the property above described located at 401 W. Centre Avenue, Artesia, New Mexico, by a private sale; and WHEREAS, the City has negotiated the sale of the above-described property to JHTC INVESTMENTS, LLC for a purchase price at, or above, the appraised value of $100,000.00 and additional terms in the Contract as set forth therein; and WHEREAS, unless a referendum election is held, this Ordinance authorizing the sale of the above-described property will be effective forty-five days after adoption of the Ordinance; and WHEREAS, included in this Ordinance are the following: 1. Terms of Sale: The City proposes to sell the property located at 401 W. Centre Avenue, Artesia, New Mexico, more particularly described below, for the purchase price of $100,000.00 and the other terms, conditions, and covenants set forth in the proposed Contract for Purchase and Sale of Real Estate Located at 401 W. Centre Avenue, Artesia, New Mexico, Between the City of Artesia, New Mexico, as Seller, and JHTC Investments, LLC, a New Mexico limited liability company, as Buyer:  THE SURFACE ESTATE ONLY OF: Lot 2, Block 4 of the Roselawn Subdivision in the City of Artesia, Eddy County, New Mexico as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; excepting and reserving for street purposes, a strip 40 feet in width along the entire West Side, and a Strip 25 feet in width along the entire South Side, and a strip 40 feet in width along the entire east Side, as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico. Subject to reservations, restriction, easements of record or in open view. The sale of City owned Real Property must be approved by City Ordinance pursuant to NMSA 1978, Section 3-54-1 et.seq., as amended. A Contract for Purchase and Sale of Real Estate Located at 401 W. Centre Avenue, Artesia, New Mexico, Between the City of Artesia, New Mexico, as Seller, and JHTC Investments, LLC, a New Mexico limited liability company, as Buyer covering the terms of the sale are part of this Ordinance and are attached hereto as Exhibit 1. 2. Appraised Value of the Municipally Owned Real Property: A qualified appraiser appraised the Property’s value as $100,000.00. 3. Amount of Sale and Time and Manner of Payments. The purchase price of $100,000.00 is to be paid with an earnest money deposit (escrowed upon acceptance of the Contract for Purchase and Sale of Real Property) with the summary of payments as follows: Earnest Money Deposit: $5,000.00 Balance of Purchase Price at Closing $95,000.00 TOTAL $100,000.00 4. Purchaser of Property: JHTC INVESTMENTS, LLC, a New Mexico limited liability company, 6616 Gulton Court NE, Ste. 90, Albuquerque, NM 87109. 5. Purpose of Sale: The City finds that the Property is no longer essential to any municipal purpose and the City’s and its citizens’ interests would be best served by the sale of the Property to the private sector for development. NOW THEREFORE, BE IT ORDAINED BY THE ARTESIA CITY COUNCIL, THE GOVERNING BODY OF THE CITY OF ARTESIA, EDDY COUNTY, NEW MEXICO: I. That the City of Artesia, New Mexico, hereby approves the sale of the property located at 401 Centre Avenue, Artesia, New Mexico, more particularly described as:  THE SURFACE ESTATE ONLY OF: Lot 2, Block 4 of the Roselawn Subdivision in the City of Artesia, Eddy County, New Mexico as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; excepting and reserving for street purposes, a strip 40 feet in width along the entire West Side, and a Strip 25 feet in width along the entire South Side, and a strip 40 feet in width along the entire east Side, as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; Subject to reservations, restriction, easements of record or in open view. The Sale is subject to the terms, conditions, and covenants in Exhibit 1, Contract for Purchase and Sale of Real Estate Located at 401 W. Centre Avenue, Artesia, New Mexico, Between the City of Artesia, New Mexico, as Seller, and JHTC Investments, LLC, a New Mexico limited liability company, as Buyer, attached hereto and incorporated herein in this Ordinance as though fully set forth. II. That this Ordinance has been published prior to its adoption and shall be published at least once after adoption, pursuant to Sections 3-2-1, et. seq., 3-17-3, and 3-54-1, et. seq., NMSA 1978 as amended. III. That the effective date of this Ordinance shall be forty-five days (45) days after its adoption by the Governing Body of the City of Artesia, unless a referendum election is held. IV. The Mayor of the City of Artesia and the City Clerk/Treasurer are hereby authorized and directed to do all acts and execute any closing documents and deed necessary to implement and accomplish the terms of this Ordinance. PASSED, APPROVED AND ADOPTED THIS ____ DAY OF ______________, 2024 CITY OF ARTESIA, NEW MEXICO By: ____________________________ Jon Henry, Mayor ATTEST: __________________________ Summer Valverde, City Clerk  AGREEMENT NO. A-24-________ CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE LOCATED AT 401 W. CENTRE AVENUE, ARTESIA, NEW MEXICO, BETWEEN THE CITY OF ARTESIA, NEW MEXICO, AS SELLER, AND JHTC INVESTMENTS, LLC, A NEW MEXICO LIMITED LIABILITY COMPANY, AS BUYER THIS Contract for Purchase and Sale of Real Estate is entered into this ___ day of _________________, 2024, by and between the CITY OF ARTESIA, NEW MEXICO, a municipal corporation, as Seller (hereafter CITY or SELLER) with an address of 511 W. Texas Ave., Artesia, NM 88210, and JHTC INVESTMENTS, LLC, a New Mexico Limited Liability Company and/or its approved assigns, as Buyer (hereafter JHTC or BUYER) with an address of 6616 Gulton Court NE, Ste. 90, Albuquerque, NM 87109. 1. PURCHASE PRICE; EARNEST MONEY; AND PAYMENT TERMS. CITY agrees to sell to JHTC and JHTC agrees to purchase from CITY the real property described on the attached Exhibit “A”, located at 401 W. Centre Avenue, Artesia, New Mexico, for the total purchase price of One Hundred Thousand and no/100 Dollars ($100,000.00) and the covenants and conditions set forth in Exhibit “B” which shall survive the Closing of this Purchase and Sale of Real Estate Contract and can result in the defeasance of the transfer on Notice from Seller to Buyer, as set forth in Paragraph 4, below. The cash portion of the price shall be paid as follows: Upon the execution of this Contract for Purchase and Sale of Real Estate by the parties hereto, JHTC shall pay the sum of Five Thousand and no/100 Dollars ($5,000.00) cash as earnest money by delivering same payable to Guaranty Title New Mexico (“GTNM”), Artesia, New Mexico, to be held by GTNM pending the closing of this Contract for Purchase and Sale of Real Estate. The balance of the purchase price in the amount of Ninety-Five Thousand and no/100 Dollars ($95,000.00) shall be paid by JHTC to 1 CITY at Closing. The earnest money paid upon the execution hereof shall be held and used at Closing as a portion of the Purchase Price; PROVIDED, in the event the CITY is unable to close this sale with JHTC, the earnest money shall be returned to JHTC. 2. CLOSING AGENT. Guaranty Title New Mexico (GTNM), 323 W. Main Street, Artesia New Mexico 88210, is designated as the Closing Agent for the parties and this transaction, including all payments called for hereunder. CITY and JHTC shall equally divide the Closing Fees of GTNM for its services provided by it in the Closing of this Contract for Purchase and Sale of Real Estate. 3. TAXES. All ad valorem taxes shall be prorated between the parties to this Contract effective the date of Closing and JHTC shall, immediately after the closing of this sale, notify the Eddy County Assessor and render the property in JHTC’s name so all future Tax Notices will be forwarded to JHTC for the payment of same. 4. QUITCLAIM DEED WITH CONDITIONS AND COVENANTS SUBSEQUENT. At Closing, CITY shall convey the Exhibit “A” real property to JHTC, subject to the conditions and covenants subsequent as set forth in the attached Exhibit “B” making this sale and transfer of the Exhibit “A” real property subject to defeasance in the event of JHTC’s failure to meet all such conditions and covenants as set forth in the attached Exhibit “B”. In the event JHTC or its successors or assigns violate any of the Exhibit “B” conditions and covenants, the Exhibit “A” real property shall, after Notice and Demand served in writing upon JHTC or its successors or assigns by CITY, impose upon JHTC or its successors or assigns the obligation to re-convey the Subject Land to the CITY, free and clear of liens and 2 encumbrances. In the event of such defeasance, the CITY shall repay to JHTC the purchase price it paid to CITY for the purchase of the property plus the fair market value of any improvements which may have been placed on the Exhibit “A” real property. 5. TITLE INSURANCE. At Closing, CITY, at CITY’s expense, will provide JHTC an Owner’s Title Insurance Policy in an amount not less than the full purchase price, with the Policy to include removal of standard exceptions 1, 2, 3, 4, and 5. Any additional coverage shall be paid by JHTC for same. The Owner’s Policy will contain within same an exception for the Conditions and Covenants Subsequent set forth in Exhibit “B” of this Contract, which shall not violate the CITY’s obligation to provide an Owner’s Title Insurance Policy in an amount not less than the full purchase price, with the Policy to include removal of standard exceptions 1, 2, 3, 4, and 5. Within 5 days of the execution of this Contract, CITY shall order, at its expense, a Commitment for Title Insurance from GTNM, which shall reflect the title to the property to be merchantable in CITY’s name and subject only to reservations, restrictions, and easements of record or in open view. The Commitment for Title Insurance shall, upon GTNM’s completion of same, be furnished both to the CITY and to JHTC. 6. INSPECTION OF PREMISES. Based upon JHTC’s inspection of the Exhibit “A” property prior to its delivery to the CITY of its Letter of Intent to Purchase – 401 W. Centre Avenue dated January 10, 2024, JHTC agrees to accept the Exhibit “A” property in an “AS IS” condition and “WITH ALL FAULTS”. JHTC further covenants and agrees that JHTC is buying the property solely upon its own 3 examination and judgment, and not by reason of any representation or warranty made to JHTC by CITY as to the condition, size, location, value, use allowed, future value or profitability of the lands herein sold. JHTC further releases and disclaims any liability against CITY for any claims or damages resulting from any subsequently discovered latent or non-apparent defects of any kind in the premises. 7. DEFAULT IN TERMS OF CONTRACT. If JHTC or CITY shall fail or refuse to keep and perform every obligation and covenant herein contained to be kept and performed, including the payment of all sums due herein, either non-offending party may, at its election, pursue any remedy provided by law or equity. 8. TIME OF ESSENCE. Time is of the essence to each and all of the terms, covenants, and conditions of this Contract for Purchase and Sale of Real Estate. HOWEVER, JHTC has been informed and is aware that the parties’ Contract for Purchase and Sale of Real Estate is subject to the requirement of New Mexico law, NMSA 1978 § 3-54-1, and that this Sale be approved by the passage of an Ordinance, which requires public notice and hearing. In addition, the Ordinance requires the passage of 45 days from the date of its passage to become effective and may be subject to a referendum election. 9. NOTICES. Any notices required hereunder shall be deemed given when deposited in U.S. Certified Mail, postage prepaid, return receipt requested, addressed to the parties at the addresses provided in the first paragraph of this Contract for Purchase and Sale of Real Estate. 4  10. BINDING ON HEIRS AND SUCCESSORS. Each and all of the terms, covenants, and conditions of this Contract for Purchase and Sale of Real Estate are binding upon the parties, their heirs, personal representatives and assigns. 11. CLOSING LOCATION/DATE AND DATE OF POSSESSION. The parties hereto are aware that New Mexico law requires that the sale or real property owned by CITY must be accomplished by the adoption of an Ordinance approving the sale. The Closing of this Contract for Purchase and Sale of Real Estate shall take place at GTNM, within 10 days of the effective date of the Ordinance passed by the governing body of the CITY, which will be forty-five days after adoption of the Ordinance, unless a referendum election is held. The date of possession of the premises shall be the date of closing. 12. ADDITIONAL INSTRUMENTS. The parties shall cooperate with each other at all times for purposes of execution and delivery of all instruments or documents necessary to give full force and effect to this Contract for Purchase and Sale of Real Estate, except to the extent the same may conflict with any term or provision hereof. 13. OTHER CLOSING COSTS. Any other Closing costs not otherwise expressly mentioned herein shall be divided equally between the parties. 14. INTEGRATION. There are no oral terms not contained herein. This Contract for Purchase and Sale of Real Estate contains the sole terms of agreement between the parties pertaining to the sale of the referenced real estate and personal property and may be amended only in writing between the parties. IN WITNESS WHEREOF, the parties have placed our hands and seals the day and year first above written. 5 SELLER CITY OF ARTESIA, NEW MEXICO By: _____________________________ JON HENRY, Mayor Attest: ______________________________________ Summer Valverde, City Clerk BUYER JHTC INVESTMENTS, LLC, a New Mexico Limited Liability Company By: __________________________________ Jim Mitchell, President 6  Exhibit A THE FOLLOWING DESCRIBED PROPERTY LOCATED AT 401 W. CENTRE AVENUE, ARTESIA, EDDY COUNTY, NEW MEXICO: THE SURFACE ESTATE ONLY OF: Lot 2, Block 4 of the Roselawn Subdivision in the City of Artesia, Eddy County, New Mexico as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; excepting and reserving for street purposes, a strip 40 feet in width along the entire West Side, and a Strip 25 feet in width along the entire South Side, and a strip 40 feet in width along the entire east Side, as shown on the official plat thereof on file in the Office of the County Clerk of Eddy County, New Mexico; Subject to reservations, restriction, easements of record or in open view. 7  EXHIBIT “B” JHTC INVESTMENTS, LLC COVENANTS AND CONDITIONS, THE BREACH OF WHICH WILL RESULT IN DEFEASANCE TO THE CITY OF ARTESIA Time is of the essence under this Exhibit “B” to this Contract. JHTC INVESTMENTS, LLC must apply for special use (SU-1) zoning district permits as provided in CITY Ord 969, 6-9-2015, and construct single or multi-family use housing compliant with the uses and procedures found in 1996 Code § 17.16.100; Amd. 2002 Code; Ord. 969, 6-9-2015. Copies of the the applicable ordinances are attached. JHTC INVESTMENTS, LLC must commence construction, which means that a site development plan has been approved by CITY and permits have been pulled for construction, within twelve (12) months of the date of closing. JHTC INVESTMENTS, LLC shall not allow construction to become inactive. Construction is inactive if construction has not started within twelve (12) months from approval of the site development plan. JHTC INVESTMENTS, LLC may request time extensions of this covenant from the Artesia City Council due to adverse market conditions, and such extensions shall not be unreasonable withheld. 8