Infrastructure Committee

ROSWELL INFRASTRUCTURE COMMITTEE AGENDA Monday, November 16, 2015 at 4:00 p.m. Conference Room at Roswell City Hall 425 N. Richardson Avenue Committee Chair: Jeanine Best Committee Vice Chair: Elena Velasquez Committee Members: Caleb Grant, Juan Oropesa Staff Coordinator: Louis Najar A. Call to Order B. Approval of the Agenda C. Minutes 1. October 27, 2015 Meeting Minutes 1-3 D. Non-Action Items E. Regular Items (Action Items) 1. Kerr Ranch Lease Agreement #L0002 Renewal 4-13 2. Roe Property Donation 14-16 3. Resolution 15-74 – NMDOT MAP 21 Project Application 17-18 F. Other Business (Non-Action) 1. Public Comments G. Adjourn (Next Meeting: December 21, 2015) Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 15-56. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: 11/13/2015 Joint Meeting of the General Services and Infrastructure Committees Held in the Bondurant Room at Roswell Public Library October 27, 2015 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4 NMSA 1978 and Resolution 15-56. ROLL CALL The meeting convened at 4:03 p.m. with Ms. Chair Best presiding, Councilors Oropesa, Sanchez, Velasquez and Grant present with Councilor Mackey being absent. Staff present: Elizabeth Stark-Rankins, Louis Najar, Kevin Dillon, Tim Williams, Damian Cheatem and Jonathan Phillips. FOR THE RECORD: Councilors Perry, Henderson and Denny were also present. APPROVAL OF AGENDA Councilor Velasquez moved to approve the October 27, 2015 Joint General Services and Infrastructure Committee meeting agenda. Councilor Best was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. APPROVAL OF MINUTES Councilor Sanchez moved to approve the September 22, 2015 regular General Services Committee meeting minutes. Councilor Best was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Councilor Best moved to approve the September 21, 2015 regular Infrastructure Committee meeting minutes. Councilor Grant was the second. A voice vote was unanimous and the motion passed. NON-ACTION ITEMS Renaming of Two Street Sections Mr. Najar introduced the renaming of two street sections. The two street sections identified to be renamed are:  Nevada from 8th to Country Club as Martin Luther King Jr. Avenue.  South Main from McGaffey to Air Center entrance (Hobson) as Cesar Chavez Boulevard which could potentially be an honorary name. IN FAVOR: Frank Sanchez, Bobby Villegas, Virginia Garcia, Richard Garcia OPPOSED: Andrea Moore, Linda Kaiser, Guy Tipton, Mike Coler, Duane Green, William Briney, Sean Davis, William Lester, Brenda Morrow, Larry Lee, Greg Neal, Kerry Moore, Stan Brisco, Mary Alice Lysak, Bill Shepherd, Cleta Coen, Terry Johnson, Tara Johnson 1 After further discussion, Joint Committee members gave staff direction to place the two Changing of Names draft policies on the December City Council meeting as a Regular/Action Item. Youth Sports League Participation Update Mr. Cheatem gave an update on the Youth Sports League Participation. The league participation spreadsheet includes the league, season and the last three years participation numbers. Splash Pad Design Mr. Dillon discussed the Splash Pad Design. The design will include the splash pad, fencing, area lighting and security cameras. The Fiscal Year 2016 Bond will fund $105,000, a private donor will fund $100,000 and State Capital Outlay will fund $245,000. REGULAR ITEMS Project Award Recommendations Ms. Stark-Rankins discussed the project award recommendations. Award project agreements as presented for each of the following capital improvement projects:  Library Reroof  Heated Vactor Truck and Valve Storage Building  Entryway signs Councilor Grant moved to approve the Project Award Recommendations. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed. Maintenance Agreement Renewal – NMMI Russ DeKay Athletic Field Mr. Williams discussed the maintenance agreement renewal with the New Mexico Military Institute. Russ DeKay Field is owned by NMMI. It has primarily been utilized in the past by the Roswell Youth Soccer Association. Currently, the Roswell Youth Soccer Association does not utilize Russ DeKay Field, instead it is being utilized for soccer and football practices, small event gatherings and fitness walks. The maintenance agreement is for a term of three years and shall automatically renew for additional one year terms unless either party notifies the other in writing of its intention to cancel the agreement. Either party may also cancel the agreement for any reason by providing ninety days written notice to the other party. The care and maintenance would require a cost over $10,000 annually consisting of manpower, utilities, equipment, repairs and soil/turf applications. Councilor Best moved to approve the maintenance agreement renewal – NMMI Russ DeKay Athletic Field. Councilor Sanchez was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. OTHER BUSINESS (NON-ACTION) Councilor Grant asked staff if dogs are allowed in the fields. After discussion, staff will review rules and regulations. 2 ADJOURN Councilor Best moved to adjourn. Councilor Grant was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. The meeting adjourned at 7:13 p.m. 3  ROSWELL, NEW MEXICO Infrastructure Committee Conference Room at Roswell City Hall 425 N. Richardson Avenue, Roswell, NM 88202 Monday, November 16, 2015 at 4:00 p.m. ACTION REQUESTED: Kerr Ranch Lease Agreement #L0002 Renewal BACKGROUND: The Kerr Ranch is currently leased to Steve Oldfield based on a bid for the property conducted in 2011. The current Lease allows for a 5‐year extension pending a request from Mr. Oldfield which he has provided. FINANCIAL CONSIDERATION: The Lease payment has been adjusted for the CPI. LEGAL REVIEW: The City Attorney has reviewed the agreement. Mr. Oldfield has also reviewed the agreement and has not presented any objection to the terms. BOARD OR COMMITTEE ACTION: Infrastructure Committee to consider recommendation to City Council for the Lease Agreement #L0002. STAFF RECOMMENDATION: Approve Lease Agreement #L0002 as presented. 4 5 Inflation Calculator: Bureau of Labor Statistics http://www.bls.gov/data/inflation_calculator.htm A to Z Index | FAQs | About BLS | Contact Us Subscribe to E-mail Updates Follow Us | What's New | Release Calendar | Site Map Search BLS.gov Home Subjects Data Tools Publications Economic Releases Students Beta SHARE ON: FONT SIZE: PRINT: TOP PICKS CPI Inflation Calculator SERIES REPORT PUBLIC DATA API DISCONTINUED DATABASES FAQS SPECIAL NOTICES MORE SOURCES OF DATA $ $14.57-$13.77=$0.80 in ($0.80/$13.77)*100=5.81% Has the same buying power as: 5.81%*.75=4.36% $14.57 in About this calculator Mobile Browser? View full screen. About the CPI Inflation Calculator The CPI inflation calculator uses the average Consumer Price Index for a given calendar year. This data represents changes in prices of all goods and services purchased for consumption by urban households. This index value has been calculated every year since 1913. For the current year, the latest monthly index value is used. RECOMMEND THIS PAGE USING: Facebook Twitter LinkedIn TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help & Tutorials What's New Inspector General (OIG) Industries at a Glance Location Quotient FAQs Careers @ BLS Budget and Performance Economic Releases Injury And Illness Glossary Find It! DOL No Fear Act Databases & Tables About BLS Join our Mailing Lists USA.gov Maps Contact Us Linking & Copyright Info Benefits.gov Disability.gov Freedom of Information Act | Privacy & Security Statement | Disclaimers | Customer Survey | Important Web Site Notices 6 1 of 2 10/22/2015 8:55 AM Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutputServlet A to Z Index | FAQs | About BLS | Contact Us Subscribe to E-mail Updates Follow Us | What's New | Release Calendar | Site Map Search BLS.gov Home Subjects Data Tools Publications Economic Releases Students Beta FONT SIZE: Change Output Options: From: To: include graphs include annual averages Data extracted on: October 22, 2015 (10:56:48 AM) 232.661-222.954=9.707 Consumer Price Index - Urban Wage Earners and Clerical Workers (9.707/222.954)*100=4.35% Series Id: CWUR0000SA0 4.35%*.75=3.26% Not Seasonally Adjusted Area: U.S. city average (4.36%+3.26%)/2=3.81% Item: All items Base Period: 1982-84=100 $13.77*1.0381=$14.29 Download: Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2011 216.400 217.535 220.024 221.743 222.954 222.522 222.686 223.326 223.688 223.043 222.813 222.166 220.196 222.954 2012 223.216 224.317 226.304 227.012 226.600 226.036 225.568 227.056 228.184 227.974 226.595 225.889 225.581 226.878 2013 226.520 228.677 229.323 228.949 229.399 230.002 230.084 230.359 230.537 229.735 229.133 229.174 228.812 229.837 2014 230.040 230.871 232.560 233.443 234.216 234.702 234.525 234.030 234.170 233.229 231.551 229.909 232.639 232.902 2015 228.294 229.421 231.055 231.520 232.908 233.804 233.806 233.366 232.661 231.167 TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help & Tutorials What's New Inspector General (OIG) Industries at a Glance Location Quotient FAQs Careers @ BLS Budget and Performance Economic Releases Injury And Illness Glossary Find It! DOL No Fear Act Databases & Tables About BLS Join our Mailing Lists USA.gov Maps Contact Us Linking & Copyright Info Benefits.gov Disability.gov Freedom of Information Act | Privacy & Security Statement | Disclaimers | Customer Survey | Important Web Site Notices U.S. Bureau of Labor Statistics | Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bls.gov | Telephone: 1-202-691-5200 | TDD: 1-800-877-8339 | Contact Us 7 1 of 1 10/22/2015 8:57 AM  LEASE AGREEMENT #L0002 THIS LEASE AGREEMENT made and entered into this ____ day of December 2015 by and between the CITY OF ROSWELL, a New Mexico Municipal Corporation, hereinafter referred to as “Lessor,” and STEVE OLDFIELD, hereinafter referred to as “Lessee.” WHEREAS, Lessor is the fee owner of and has the right to utilize, including the right to lease, the following described real property, together with the improvements thereon and stock watering rights, in Chaves County, New Mexico, to wit: S ½ Section 15; Section 22, less 5 acres in the SW ¼; SW ¼ Section 23; Section 27; Section 34; Section 26; the S ½ N ½ Section 35; Township 12 South, Range 24 East, containing 3,355 acres, more or less, known as the Kerr Ranch. NOW THEREFORE, for and in consideration of the covenants and agreements to be performed by Lessee, Lessor does lease the above described premises to the Lessee for a term of five (5) years, beginning on May 1, 2016 and ending on April 30, 2021. Lessor and Lessee covenant and agree as follows: 1. Animal Units: Lessee may have up to 50 animal units at any time on the premises. These can be either 50 cows with suckling calves or 63 yearlings, not to be co-mingled or increased at any time. 2. Rent: The annual payment of this Agreement shall be $14.29 per animal unit month, for an annual amount of $171.48 per animal. For 50 animals, this is a total annual amount of $8,574.00. The Lessee must pay the full annual rental amount by May 10th of the current lease year. Failure to pay an installment by the applicable deadline shall be a default under paragraph 12 of this Lease. Interest on any late payment shall accrue at a rate of twelve percent (12%) per annum. 3. Possession: The Lessor agrees to grant Lessee possession and agrees that Lessee will be afforded a reasonable opportunity to remove animals that remain on the property at the expiration of this Agreement subject to interfering with neither Lessor's right to possession nor the operations of any subsequent tenants. 4. Condition of Premises: The Lessee accepts the leased premises in their present condition. The Lessee agrees that it has inspected the above-described property and all improvements located thereon and that it is receiving the same in good repair and condition. At the expiration of the term hereof, Lessee agrees to yield up and deliver the premises to Lessor in as good repair and condition as when entered upon, loss resulting from ordinary use and wear excepted. Lessee agrees to fence the property adequately before placing animals on the property. 5. Maintenance: Except as otherwise provided herein, Lessee, at its sole cost and expense, shall maintain the leased premises in a clean and orderly condition and shall maintain and replace when necessary all fences, corrals, windmill, and other improvements located on Page 1 of 6 8  or in any portion of the above described property and buildings located thereon to prevent livestock movement into or from the boundaries and off of all state and county roads, streets, and highways.. The Lessor shall be the sole judge of the quality of maintenance and, upon written notice by Lessor, Lessee shall be required to perform whatever maintenance is deemed necessary by Lessor. If said maintenance is not undertaken within ten (10) days after receipt of written notice, Lessor shall have the right to enter upon the leased premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. 6. Improvements: The Lessee may construct range improvements necessary for care and management of livestock for which this Agreement is issued. Lessee must remove temporary improvements within ten (10) days after the Agreement has expired or within ten (10) days of written notice that the Agreement has been terminated. The Lessee will restore the area to such condition as existed prior to the improvement(s). Failure to remove an improvement will result in the improvement becoming the property of the Lessor. With the approval of Lessor, the Lessee may leave authorized improvements intact. The Lessor will gain title to any permanent improvement(s) authorized to be left on the range. The fence shall be considered a permanent improvement and remain with the property. 7. Taxes, Licenses, and Utilities: During the term thereof, Lessee shall pay all taxes, licenses, charges, fees, or assessments levied or to be levied upon personal property, fixtures, or equipment placed by Lessee upon said premises, accrued or accruing, of whatsoever kind or nature, incident to, or arising out of the conduct of Lessee’s business. 8. Insurance: During the term hereof, Lessee shall, at its sole cost and expense, maintain in full force and effect a policy or policies of general public liability insurance in which Lessor and Lessee are named as insured, covering against claims for injury, death, or damage to person(s) or property occurring upon, in, or about the leased premises, in such limits as may be reasonably required by Lessor from time to time, but not less than $1,000,000 for bodily injury or death and/or property damage for all claims arising out of a single occurrence. Lessee shall provide a copy of a certificate of insurance evidencing such coverages within ten (10) days of execution of this Agreement and, annually thereafter, which shall name Lessor as an additional insured. Said policy of insurance shall provide for notice of twenty (20) days to the Lessor in the event of cancellation for non-payment or any other reason. The failure to maintain policies of insurance as provided above shall be a default under paragraph 12 of this Lease. 9. Damage or Destruction of Premises: If at any time during the term hereof any of the buildings upon the property described above are damaged or destroyed by fire, acts of God, the elements, or other causes, said buildings shall be promptly repaired, rebuilt, and restored by and at the sole cost and expense of the Lessee, after any settlement is made with the insurance carrier and payment is received, to a condition as good as the same was immediately prior to such damage or destruction using the insurance funds provided in this lease toward such expense and in accordance with all new laws, regulations, and ordinances of all governmental authorities having jurisdiction. During the time of said Page 2 of 6 9  repair, reconstruction, or restoration, the rent reserved herein shall not abate, except that the Lessee shall receive credit against rent for any rental insurance received by Lessor, and Lessee shall be required to continue payment of the rental installment in the same manner as though there had been no damage or destruction. The Lessor agrees to cooperate in making repair, reconstruction, or restoration. 10. Liability: Lessor shall not be liable to Lessee or to Lessee's employees, customers, visitors, or any other person for any injury or damage to person or property arising from any cause whatsoever which shall occur in any manner in or about the premises in connection with, or arising out of, Lessee's operation and use of the premises. Lessee agrees to defend, indemnify, and save harmless Lessor for any claim for damage which may occur in any manner in or about the premises. 11. Use of the Premises: The Lessee does hereby covenant and agree that: Lessee shall use and operate the premises hereunder in accordance with good ranching and conservation practices. a. Lessee shall use the leased premises solely for the purpose of conducting and operating its business together with such other related uses as shall be reasonable accessory thereto and for no other purposes. It shall not use the leased premises for any purpose prohibited by the laws of the United States, the State of New Mexico, or the ordinances of the City of Roswell. b. Lessee shall conduct and operate its business in such a manner so as to prevent the performance of any act, creation, or maintenance of anything which in the opinion of the Lessor may be or become a nuisance of otherwise noxious or objectionable condition including, but not limited to, any act or thing resulting in noise, vibration, shock, smoke, dust, odor, other forms of air pollution, or other condition, substance, or element in such amounts as to affect the surrounding area or adjoining premises. The Lessor shall be the sole judge as to whether any act done or things created or maintained by Lessee on the leased premises is or may become a nuisance or otherwise noxious or objectionable condition and Lessee agrees to abide by Lessor’s decision and act in accordance with its directions with respect thereto. c. Water troughs/tanks, fences, and corrals are the responsibility of Lessee. It will be the Lessee’s responsibility to check troughs/tanks for freeze-ups and water availability. Lessee may use the two (2) City wells on the premises. Lessee must furnish and maintain watering tanks. Lessor shall not be responsible for electrical failures. d. Cattle may be moved on or off Kerr ranch property during hours authorized by Lessor, normally between the hours of 8 am and 5 pm, weekdays excluding holidays. Lessee must notify the representatives as specified herein, by telephone or letter at least 3 working days prior to moving cattle on or off the range, specifying the time and place on Kerr ranch property when cattle will be loaded and unloaded. Page 3 of 6 10  e. Lessee hereby acknowledges that solar arrays may be installed adjacent to existing City water wells. Perimeter/security fencing will be installed around the arrays, thereby, restricting use of the arrays to authorized personnel. 12. Default: The following events shall be deemed a default for the purposes of this agreement: a. Failure to Pay Rent: If Lessee fails to pay the rent in the time and manner provided herein or if Lessee defaults in any of the covenants or promises to be performed by it, then, at its option, the Lessor shall give the Lessee written notice setting out such default and, if Lessee fails to cure said default within thirty (30) days after receiving said notice, then, at its option, Lessor may use any remedy or remedies provided by law or equity including but not limited to the following: i. Lessor may declare this lease terminated and enter upon the leased premises or any part thereof, either with or without process of law, and repossess said premises. ii. Lessor may re-enter the leased premises and may rent the same in behalf of Lessee upon such terms as are suitable to Lessor, all without releasing Lessee from any liability hereunder. In such event, any monies collected by such leasing shall be applied first to the expense of restoring and placing the premises in a rentable condition and next to the payment of the rent or any sum due the Lessor hereunder and the Lessee shall remain liable for any deficiency. b. Without waiving any lien given to Lessor by statute, Lessee hereby agrees and grants the Lessor a good, valid and first lien upon any and all of the equipment, chattels and other property now or hereafter belonging to said Lessee and located on the leased premises as security for the payment of the rent and the fulfillment of the performance of the promises of the Lessee hereunder. c. Lessee shall pay Lessor all reasonable attorneys' fees, costs and expenses that may arise from enforcing any of the terms of this lease. If Lessor waives any provisions hereof or any default by the Lessee, then the same shall not constitute a waiver by the Lessor of any other subsequent breach of default. 13. Nondiscrimination Provisions: The Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: a. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied benefits of, or be otherwise subjected to discrimination in the use of said facilities. Page 4 of 6 11  b. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, sex, national origin, age or disabilities shall be excluded from participation. c. In the event of breach of any of the above nondiscrimination covenants, the City of Roswell shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. 14. Assignment and Sublease: Lessee shall not assign or sublet the contract rights hereunder without prior written consent of the Lessor and this Agreement shall endure to the benefit of and be binding upon the parties hereto, their heirs, successors, and assigns. Non- grazing simultaneous use of the Agreement by others may be granted by prior written authorization by Lessor’s authorized officer or designee. If the authorized officer determines that other use of the premises will not seriously interfere with the operations of Lessee, he may issue permits, leases, or contracts for the simultaneous use of the premises by others. Lessee will be notified by mail 30 days in advance or 15 days by telephone of such actions. 15. Renewal of Lease: Lessee may request renewal of this Agreement for another term by providing a request in writing to the Lessor not later than January 1, 2021. Lessor, at its option, may also choose not to extend the Agreement or to lease the leasehold premises to another party. Nothing herein shall be construed as creating, granting, or providing Lessee with any right to re-lease, a first right of re-lease, or any other right to otherwise extend the terms of the Agreement. 16. Paragraph Headings: The paragraph headings contained herein are for convenience and in reference and are not intended to define or limit the scope of any provisions of this Lease. 17. Notices: Notices shall be served as follows: a. All notices, requests, or other communications to Lessor shall be given by registered or certified mail addressed as follows: Attn: Planning Department City of Roswell PO Box 1838 Roswell, New Mexico 88202-1838 (575) 637-6250 b. All notices, requests, or other communications to Lessee shall be given by registered or certified mail addressed as follows: Attn: Steve Oldfield PO Box 4435 Roswell, New Mexico 88202 Page 5 of 6 12  18. Effect: The terms and provisions hereof shall extend to and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, this agreement is executed on the day and year first above written. LESSOR: CITY OF ROSWELL, NEW MEXICO ATTEST: _______________________________ ___________________________ Dennis Kintigh, Mayor Sharon Coll, City Clerk LESSEE: STEVE OLDFIELD APPROVED AS TO FORM: _______________________________ ___________________________ Steve Oldfield William W. Zarr, City Attorney Page 6 of 6 13  ROSWELL, NEW MEXICO Infrastructure Committee Conference Room at Roswell City Hall 425 N. Richardson Avenue, Roswell, NM 88202 Monday, November 16, 2015 at 4:00 p.m. ACTION REQUESTED: Roe Property Donation BACKGROUND: Roe Limited Partnership owns a property at the Air Center known as 29 and 31 I Street. The property is currently vacant and is used for drainage in the area with a concrete drainage ditch running through the property. The property is also directly adjacent to property already owned by the City of Roswell at the Air Center. The property owner does not utilize this property nor does he desire to maintain the property for any future purposes. So, he approached the City for purposes of donating this property. FINANCIAL CONSIDERATION: The property would be donated to the City, so no direct expense would be required to obtain this property. Property taxes have been paid through 2014. 2015 property taxes would be owed by the City after we take possession in the approximate amount of $22.28. LEGAL REVIEW: The City Attorney will prepare the quitclaim deed and file this with the County Assessor office, if the City takes possession of the property. BOARD OR COMMITTEE ACTION: Infrastructure Committee to consider recommendation to City Council for the Roe property donation. STAFF RECOMMENDATION: Accept property donation for purposes of drainage. 14  KEVIN ROE ESQ. 2 DESOSA COURT ROSWELL NEW MEXICO. 88201 PHONE; 575-420-5516 (Licensed in Nevada only) 1010912015 To; Steve Polasek Roswell City Manager City or Roswell From; Kevin Utterback Roe 2 DeSosa Court Roswell, New Mexico 88201 575-420·5516 Subject; 29 and 31 H Street Roswell, NM. 88203 Dear Mr. Polasek; As per our conversations of which the latest was yesterday, as attorney for Roe Limited Partnership Inc. We are offering these two lots to the city of Roswell at no charge . . Upon acceptance of this offer and your preparation of the quit claim deeds the property will be transferred back to the city. Also as discussed my father purchased these lots sight unseen and we do not intend to continue carrying them in inventory. ;~ .~ Kevin Roe I 15 16  ROSWELL, NEW MEXICO Infrastructure Committee Conference Room at Roswell City Hall 425 N. Richardson Avenue, Roswell, NM 88202 Monday, November 16, 2015 at 4:00 p.m. ACTION REQUESTED: Resolution 15‐74 – NMDOT MAP 21 Project Application BACKGROUND: Each year, NMDOT calls for applications for its various road project funds which includes a resolution of support from the City Council. This project will mill 3" of existing pavement and replace with 3" of new pavement, redo intersections with concrete fillets, and upgrade ADA ramps to meet current standards on S. Atkinson Ave. from McGaffey Ave. to 2nd St. FINANCIAL CONSIDERATION: The project is estimated to cost $1,600,000 with 14.56%, or $232,960, to come from the City. The remainder would be supported by NMDOT. LEGAL REVIEW: N/A BOARD OR COMMITTEE ACTION: Infrastructure Committee to consider recommendation to City Council for the application resolution. STAFF RECOMMENDATION: Approve resolution as presented. 17  RESOLUTION 15-74 A RESOLUTION TO THE NEW MEXICO DEPARTMENT OF TRANSPORTATION FOR A ROADWAY PROJECT, FY 2017/2018. WHEREAS, the roadway project named in this resolution is an eligible activity under the Moving Ahead for Progress in the 21st Century (MAP 21); WHEREAS, the “Road Reconstruction and ADA Upgrades” is approved capital improvement project number 27592 in the Infrastructure Capital Improvement Plan FY 2017-21 for the City of Roswell; WHEREAS, the City of Roswell intends to address S. Atkinson Avenue from 2nd Street to McGaffey Avenue as part of this capital improvement project and has agreed to provide matching funds at a percentage rate of 14.56% of the cost of land acquisition and construction; WHEREAS, the City of Roswell has agreed to fund all project development, environmental analysis, and design costs separate from the cost of land acquisition and construction; WHEREAS, the City of Roswell has agreed to fund all ongoing maintenance costs for this roadway project after construction; WHEREAS, the City of Roswell supports this project and desires to receive funding; and WHEREAS, the City of Roswell is submitting this resolution for purposes of the application and understands that another resolution must be submitted at the time the project is formally under contract with the New Mexico Department of Transportation. NOW THEREFORE, BE IT RESOLVED by the governing body of the City of Roswell, New Mexico that the Mayor be and hereby is authorized to submit an application for MAP 21 project funding to the New Mexico Department of Transportation for “Road Reconstruction and ADA Upgrades” and hereby commits to the concept of such project as specified in the project application. PASSED, ADOPTED, AND APPROVED this 10th day of December 2015. Dennis Kintigh, Mayor Attest: Sharon Coll, City Clerk 18