Legal Committee

AGENDA LEGAL COMMITTEE MEETING Thursday, February 23, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on January 26, 2017. p. 3 REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: p. 6 (A) Consider approval to authorize Thurston Woods, an individual, to renew his current lease agreement on a portion of Building No. 1776. p. 8 (B) Consider approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No. 120, Space 3. p. 9 (C) Consider approval to authorize Zen Sportz, Inc., a New Mexico Corporation, to renew their current lease agreement on office space Building No. 1, the Terminal. p. 10 (D) Consider approval to authorize Sky Sentry, LLC, a Colorado Limited Liability Corporation, a new lease agreement on Building No. 1670 and a parcel of land. p. 11 2. Consider sending to full Council for approval the agreement between City and Roebuck Entertainment relating to structures at Spring River Park. p. 21 NON ACTION ITEMS 3. Discussion and update of condition of Millennium Transit Services facilities located at RIAC and City options for remediation of any existing issues. p. 26 4. Discussion of amendment to Roswell City Code Sec. 4-13 to allow chickens to be kept in city limits. p. 60 -continued on next page- -1-  5. Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. p. 63 PUBLIC PARTICIPATION ADJOURN 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 16-69. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. 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: Friday, February 17, 2017 -2- Regular Meeting of the Legal Committee Held in the Conference Room at City Hall Thursday, January 26, 2017 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4 NMSA 1978 and Resolution 16-69. Roll Call The meeting convened at 4:05 p.m. with Chairman Perry presiding; Councilor Best, Councilor Foster, and Councilor Oropesa being present. Staff present: Aaron Holloman, Bill Morris and Paula Hertwig- Hopkins. Guests present: Christopher Huebner. APRROVAL OF AGENDA Councilor Best moved to approve the January 26, 2017 Legal Committee meeting agenda and to remove the AerSale, Inc., a Florida Corporation lease, under Regular Item 1, number 3, from the agenda. Councilor Foster was the second. A voice vote was 4-0 and the motion passed. APPROVAL OF MINUTES Councilor Best moved to approve the minutes from the December 22, 2016 Legal Committee meeting. Councilor Foster was the second. A voice vote was 4-0 and the motion passed. REGULAR ITEMS 1. To recommend to full City Council that the following RIAC agreement to existing leases be placed on the Consent agenda for approval: (1) Kerry Hunter- an individual, to renew his current lease agreement on Building No. 117. Aaron Holloman discussed the new rent amount is $474 monthly; $5,688 annually. Rent adjustment is 3.72%. Kerry Hunter has been a customer since March 1993. New term is March 1, 2017 through February 28, 2018. Councilor Perry discussed the lease pages in the packet stating that he would like to have the abstract and the front page of the lease only if it is a regular form lease. Councilor Foster moved to place Kerry Hunter on the consent agenda to renew his agreement subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. (2) Don and Angel Mayes- individuals, to renew their current lease agreement on “T” Hangar Building No. 120, space 2.The square feet is 1,002. The new rent amount is $178 monthly; $2,136 annually. Rent adjustment is 2.89%. New term is March 1, 2017 through February 28, 2018. Don and Angel Mayes have been customers since February 2010. Councilor Perry requested a presentation from the airport concerning the inexpensive rent. Councilor Foster moved to place Don and Angel Mayes on the consent agenda to renew their lease agreement subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. -3-  (3) AerSale, Inc., a Florida Corporation, to renew their current lease agreement on Building No. 118. This item was removed from the Legal Committee agenda under APPROVAL OF AGENDA at the beginning of the meeting. (4) Avis Rent A Car System,LLC,a Delaware Corporation, to renew their current lease agreement on counter and office space in the Terminal Building- Aaron Holloman discussed the counter space is 109 square feet, office space is 256 square feet, and 10 parking slots and an area of land is 4,085 square feet. New rent amount is $2,122 monthly; $26,544 annually. Rent adjustment is 2.69%. Avis Rent A car System LLC, has been a customer since July 2001. Councilor Foster moved to place Avis Rent A Car System on the consent agenda to renew their lease agreement subject to all terms and conditions of the lease. Councilor Best was the second. A voice vote was 4-0 and the motion passed. (5) EAN Holdings, LLC, a Delaware Corporation, dba Enterprise Rent A Car, to renew their current lease agreement on counter and office space in the Terminal Building and 10 parking slots on the east side of the Terminal Building- Aaron Holloman discussed the counter space is 930 square feet, and 10 parking slots. New rent amount is $1,809 monthly; $21,708 annually. EAN Holdings, LLC has been a customer since May 2012. Councilor Perry discussed his concern on EAN Holdings not being fully staffed. Councilor Foster moved to place EAN Holdings, LLC on the consent agenda to renew their lease agreement subject to all terms and conditions of the lease. Councilor Best was the second. A voice vote was 3-1 and the motion passed with Councilor Oropesa voting no. (6) Karen Maynes- an individual, to amend her current lease agreement lease. Aaron Holloman stated that Karen Maynes wants to amend her current lease agreement on Hangar Building No. 120, Space 5 to allow Gary Baker, an individual, to be added to the lease. After committee members discussed Councilor Foster motioned to table the Karen Maynes lease. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. (7) Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Kairmian, Brandon Arnold, and John Berry- as individuals, to amend their current lease agreement on portions of Hangar No. 91, Space A and B, to allow Larry Marker, an individual, to be added to the lease and add an option renewal clause in the lease. Aaron Holloman discussed the individuals wanted to add two, one year options to renew their lease. Councilor Foster moved to place the two, one year options and Larry Marker on the lease with Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Kairmian, Brandon Arnold, and John Berry on the consent agenda to renew their lease agreement subject to all terms and conditions of the lease 2017. Councilor Best was the second. A voice vote was 3-1 and the motion passed with Councilor Oropesa voting no. 2. Revised Proposed Ordinance 16-21 (increasing the Municipal Court fines) to authorize advertisement of a public hearing on same. Aaron Holloman stated the City is authorized to -4- collect fines for violations of City ordinances up to a maximum fine of $500. This ordinance would increase the fines schedule as set out in the ordinance. It would allow to increase the ordinance to meet with current state statute on collection of a judicial education fee. Councilor Perry and Judge Mallion compared The City of Roswell fines and fees to the City of Farmington. Farmington population is the same as Roswell. Councilor Perry motioned to send to full council for the advertisement Proposed Ordinance 16-21 in the amended version that the committee discussed to include a fifth whereas, ‘’Whereas, the City wishes to make our public safer by raising the fees in the desire that violating these laws would be a deterrent’’ or according to the language that the City Attorney deems appropriate. Councilor Foster was the second. A voice vote was 3-1 and the motion passed with Councilor Oropesa voting no. PUBLIC PARTICIPATION None ADJOURN Meeting adjourned at 5:12 p.m. -5-  ROSWELL NEW MEXICO Legal Committee Thursday February 23, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Consider approval to authorize Thurston Woods, an individual, to renew his current lease agreement on a portion of Building No. 1776. Consider approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No. 120, Space 3. Consider approval to authorize Zen Sportz, Inc., a New Mexico Corporation, to renew their current lease agreement on office space Building No. 1, the Terminal. Consider approval to authorize Sky Sentry, LLC, a Colorado Limited Liability Corporation, a new lease agreement on Building No. 1670 and a parcel of land. BACKGROUND: Thurston Woods leases the building for the purpose of storage of personal items. 1,798 square feet. New rent amount is $172 monthly; $2,064 annually. Rent adjustment is 2.99%. Thurston Woods has been a customer since April 2010. Zachary Canright and Jared Putman leases the building for the purpose of aircraft storage and maintenance. 1,002 square feet. New rent amount is $178 monthly; $2,136 annually. Rent adjustment is 2.89%. Zachary Canright and Jared Putman have been customers since March 2009. Zen Sportz, Inc., leases the office space for the purpose of a business office. 100 space feet. New rent amount is $106 monthly; $1,272 annually. Rent adjustment is 2.91%. Zen Sportz, Inc., have been a customer since February 2015. -6-  Sky Sentry, LLC, leases building No. 1670 and a parcel of land for the purpose of research and development of lighter than air vehicles. 4,947 and 75,000 square feet respectfully. Rent amount is $560 monthly; $6,720 annually. FINANCIAL CONSIDERATION: Thurston Woods leases the building for the purpose of storage of personal items. 1,798 square feet. New rent amount is $172 monthly; $2,064 annually. Rent adjustment is 2.99%. Term: April 1, 2017 through March 31, 2018. Zachary Canright and Jared Putman leases the building for the purpose of aircraft storage and maintenance. 1,002 square feet. New rent amount is $178 monthly; $2,136 annually. Rent adjustment is 2.89%. Term: April 1, 2017 through March 31, 2018.. Zen Sportz, Inc., leases the office space for the purpose of a business office. 100 space feet. New rent amount is $106 monthly; $1,272 annually. Rent adjustment is 2.91%. Term: April 1, 2017 through March 31, 2018. Sky Sentry, LLC, leases building No. 1670 and a parcel of land for the purpose of research and development of lighter than air vehicles. 4,947 and 75,000 square feet respectfully. Rent amount is $560 monthly; $6,720 annually. Term: April 1, 2017 through March 31, 2022. LEGAL REVIEW: The City Attorney has reviewed the leases. BOARD / COMMITTEE ACTION: The legal committee is scheduled to meet on February 23, 2017. STAFF RECOMMENDATION: Consider approval of leases as presented. -7- THIS LEASE executed in Roswell, New Mexico on this 9th day of March, 2017 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and THURSTON WOODS, an individual, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: A portion of Building No. 1776, consisting of 1,798 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on April 1, 2017 and ending March 31, 2018 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Sixty Four Dollars and No Cents ($2,064.00), payable in 12 monthly installments of $172.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $140.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to -8- THIS LEASE executed in Roswell, New Mexico on this 9th day of March, 2017 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and ZACHARY CANRIGHT and JARED PUTMAN, individuals, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: “T” Hangar 120, Space 3 consisting of 1,002 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit “A” (Premises). 2. TERM. The Lease term is for one (1) year, commencing on April 1, 2017 and ending March 31, 2018 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, One Hundred Thirty Six Dollars and No Cents ($2,136.00), payable in 12 monthly installments of $178.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $169.00 as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to -9-  THIS LEASE executed in Roswell, New Mexico on this 9th day of March, 2017 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and ZEN SPORTZ, INC., a New Mexico corporation, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Office space in Building No. 1, the Terminal, consisting of 100 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year commencing on April 1, 2017 and ending March 31, 2018 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of One Thousand, Two Hundred Seventy Two Dollars and No Cents ($1,272.00), payable in 12 monthly installments of $106.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $100.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. -10- THIS LEASE executed in Roswell, New Mexico on this 9th day of March, 2017 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated ”Landlord”, and SKY SENTRY, LLC a Colorado limited liability corporation, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 1670 consisting of 4,947 square feet, more or less, and a parcel of land 75,000 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for two (2) years, commencing on April 1, 2017 and ending March 31, 2019 unless sooner terminated by provision hereof. Tenant is afforded one (1) three (3) year option to renew with rental rate renegotiated at that time. 3. RENT. a. Tenant agrees to make improvements to building 1670 in an amount not less than $50, 000.00 in lieu of rent plus an additional One Thousand Two Hundred Dollars and No Cents ($1,200.00) annually to be paid in twelve (12) monthly installments of $100.00. Such improvements shall include electrical work to bring the building into code compliance, plumbing as necessary to bring the building into compliance with the Americans with Disabilities Act and code compliance, roof patching, drywall, flooring and painting. Tenant also agrees to pay Five Thousand One Hundred Sixty Dollars and No Cents in twelve (12) monthly installments of $430.00 for land. The second year rent will be increased by 2.5% or the latest 12-month percentage change in CPI-U, (Consumer Price Index-U, U.S. City Average) whichever is greater. Rent and other fees are due on the first day of each month If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant shall pay $530.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining -11- balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to Landlord in as good repair and condition, broom clean, as when received, except for loss resulting from ordinary use and wear. 6. MAINTENANCE. a. Tenant shall maintain the Premises in a safe and clean condition, in good order and repair. Tenant further agrees, at its sole cost and expense, to maintain the Premises, including improvements, in a clean and policed condition at all times and to keep trees, shrubbery, and grass irrigated, trimmed and attractively maintained. b. Further, Tenant shall maintain and replace when necessary the plumbing and electrical systems as well as all glass, heating, air conditioning, and other similar fixtures and equipment located on or in any portion of the Premises. c. Tenant shall make necessary corrections and/or adjustments to maintenance practices as inspections reasonably determine. Landlord shall be the sole and reasonable judge of the quality of maintenance and, upon written notice by Landlord to Tenant, Tenant shall be required to perform whatever maintenance Landlord deems reasonably necessary, provided, however, such maintenance shall be consistent in quality with that required of other City Tenants in comparable facilities. If said maintenance is not undertaken by Tenant within ten (10) days after the date Landlord gives Tenant written notice of corrections needed, Landlord shall have the right to enter upon the Premises and perform the necessary maintenance, the cost of which shall be two times the cost for parts and labor and borne by Tenant. 7. TAXES, LICENSES, AND UTILITIES. During the term hereof, Tenant shall pay all taxes, licenses, charges, fees or assessments levied or to be levied upon personal-property, fixtures or equipment placed by Tenant upon said Premises, of whatsoever kind or nature, incident to or arising out of the conduct of Tenant’s business. Failure to have an appropriate current license or permit shall be a breach of this Lease. Tenant shall pay all utilities used on the Premises, including but not limited to telephone, electricity, gas, and water. 8. PERSONAL PROPERTY AND FIXTURES OF TENANT. All personal property and fixtures of Tenant in the Premises shall be kept at the sole risk of Tenant, and Landlord shall not be liable for any damage thereto or to Premises or to Tenant for interruption of business or otherwise. Tenant hereby waives all causes or rights of recovery against Landlord, its agents, employees, invitees and tenants for any loss to such personal property and fixtures on the Premises or to consequential loss arising therefrom caused by fire or other casualty, whether negligently caused or not. 9. EQUIPMENT AND IMPROVEMENTS. a. Except as otherwise provided herein, Tenant shall have the right to install such equipment as may be necessary for the conduct of its business on the Premises; and at the expiration or termination of the Lease Tenant shall have the right to remove all of such equipment installed by Tenant that is removable without damage to the Premises. It is understood that Tenant intends to erect a temporary hangar on the Premises. Tenant shall, -12- upon written demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, temporary hangars or improvements made by Tenant pursuant to this Paragraph 9. b. Scope of work and/or drawings for improvements/construction referenced in paragraph 3 shall be provided to Landlord by June 1, 2017 and if approved by Landlord, construction shall commence no later than December 31, 2017 c. Tenant shall not make, suffer or permit to be made, any major additions, alterations or improvements on the Premises (including but not limited to, installing carpeting, air conditioning, painting, or attaching anything to the walls other than by plug-in) without first obtaining the written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. In the event that the consent is given and Tenant makes any major alterations, additions or improvements, such work shall be done in such a manner that no mechanic’s lien, materialman’s lien or other lien of any kind shall be created against or imposed upon the Premises or any part thereof, and Tenant shall indemnify and save harmless Landlord from any and all liability and claims for damage of any kind and nature which may be made or accrue against Landlord on account of any such major alterations, additions or improvements. At the expiration or termination of this Lease such improvements shall become the property of Landlord and the value thereof will not be offset against any amounts claimed by Landlord as owing under the terms of this Lease. Tenant agrees to bear all costs and expenses incident to the occupancy and maintenance of the structure and improvements placed therein including snow clearance. 10. INSURANCE. a. Landlord will provide fire and extended coverage to the Premises during the term of the Lease. Tenant agrees to reimburse Landlord for the amount of insurance premium based upon the pro-rata per square foot cost attributable to the Premises as determined and billed by Landlord. Tenant understands that fire and extended coverage does not cover the property of Tenant or any property on the premises that does not belong to Landlord. b. Tenant shall maintain in full force and effect a policy or policies of general public liability insurance in which Landlord is named an additional insured to the extent of the liabilities assumed by Tenant hereunder, covering both parties against claims for injury, death or damage to persons or property occurring upon, in or about the Premises, in such limits as set forth in the New Mexico Tort Claims Act or as may be amended. Tenant shall provide Landlord written evidence of this insurance within thirty (30) days of the effective date of the Lease. 11. DAMAGE OR DESTRUCTION OF PREMISES. a. In the event the Premises are damaged by fire or other perils or casualty covered by fire and extended coverage insurance, Landlord may, in its sole and absolute discretion, repair or rebuild the same within a reasonable time after the event causing such damage. This Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises as determined by Landlord. If the damage is due to the fault or neglect of Tenant or its employees, as determined by Landlord in its sole discretion, there shall be no reduction of rent. Landlord may authorize or direct construction of an alternative structure or may elect to retain any insurance proceeds received by it if Landlord deems reconstruction or construction of an alternative structure to be impractical or unreasonable in its sole discretion. -13-  b. In the event the Premises are damaged to any extent as a result of any cause other than the perils covered by fire and extended coverage insurance, Landlord shall in its sole discretion have the option to: (1.) to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage, in which case this Lease shall continue in full force and effect, but the rent shall be proportionately reduced as provided above in 11a. during the period of such repair, reconstruction or restoration, or (2.) to give notice to Tenant at any time within sixty (60) days after such damage occurs, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving to Tenant such notice of termination, this Lease shall terminate and all interests of Tenant in the Premises shall cease on the date so specified in such notice and Tenant shall pay the rent, as proportionately reduced, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, up to the date of such termination. c. With regard to Landlord’s duty or option to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage as provided in 11a. and b. above, Landlord shall act promptly and with due diligence, but Landlord shall not be responsible for delays caused by factors beyond Landlord’s control, including but not limited to delays because of strikes, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other authority to act in a timely manner, or delays caused by contractors. If such delays occur, Tenant agrees that Landlord shall not be responsible for damages, nor shall Landlord be deemed to be in default under this Lease. d. Landlord shall not be required to repair any damage by fire or other casualty, or to make any repair or replacements of any leasehold improvements, fixtures, or other personal property of Tenant. 12. LIABILITY. Landlord shall not be liable to Tenant or to Tenant’s employees, customers, visitors or any other person or entity for any death or 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 Tenant’s operations and use of the Premises. Tenant agrees to indemnify and save harmless Landlord from any claim for death, injury, damage or loss which may occur in any manner in or about the Premises, unless such death, injury, damage or loss is proximately and solely caused by negligent act or omission to act of Landlord’s Agents. 13. CONDEMNATION OR GOVERNMENTAL TAKING. In the event that the Premises or any portion thereof shall be condemned for public or quasi-public purpose, or shall be taken by any governmental authority in any manner whatsoever during the term hereof, the parties hereto agree to the following: a. In the event that the Leased Premises shall be totally condemned or taken, or condemned or taken so as to render the remainder thereof unusable for purposes for which said Premises was leased, this Lease shall terminate as of the effective date of such condemnation or taking. b. In the event that a portion of the leased Premises is condemned or taken, but such condemnation or taking does not render the remainder thereof unusable for the purposes for which the Premises was leased, Tenant’s obligation under this Lease shall continue in full force and effect, but the amount of rent payable by Tenant shall be reduced in the proportion which the portion of the leased Premises condemned or taken bears to the total area of the leased Premises. In such event, Tenant shall bear any necessary costs of relocating its equipment and placing the remaining Premises in proper and usable condition. c. In the event of total or partial condemnation or taking of the leased Premises as aforesaid, all compensation awarded or paid upon a total or partial taking of the Premises shall belong to Landlord and Tenant -14- shall have no right or cause of action against Landlord; provided, however that Tenant shall be entitled to participate in any award to the extent that such award includes the loss, if any, sustained by Tenant as a result of the termination of this Lease or diminution of its leasehold estate and the value of any fixtures condemned or taken if such fixtures were installed by Tenant and are located upon the Premises at the time of such condemnation or taking. Tenant reserves the right to proceed independently of Landlord with any claim for compensation for damages to which Tenant may become entitled by reason of such total or partial condemnation or taking. 14. CONDITIONS OF DEFAULT. If at any time during the term of this Lease, Tenant shall: a. Default in the payment of any installment of rent or any other sums specifically to be paid by Tenant hereunder and such default shall not have been cured within ten (10) days after Landlord shall have given to Tenant written notice specifying such default; or b. Default in the observance of any of the Tenant’s covenants, agreements or obligations hereunder, other than the covenants to pay rent or any other sum herein specified to be paid by Tenant, and such default shall not have been cured within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default; provided, however, that if the default complained of shall be of such nature that he same cannot be completely remedied or cured within such thirty (30) day period, then such default shall not be an enforceable default against Tenant for the purposes of this paragraph if Tenant shall have commenced curing such default within such thirty (30) day period and shall proceed with reasonable diligence and in good faith to remedy the default complained of; or c. Finally and without further possibility of appeal or review (1.) be adjudicated bankrupt or insolvent, (2.) have a receiver or trustee appointed for all or substantially all of its business or assets, or (3.) suffer an order to be entered approving a petition filed against Tenant seeking reorganization of Tenant under the Federal Bankruptcy laws or any other applicable law or statute of the United States or any state thereof; or d. Make an assignment for the benefit of its creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or arrangement under the Federal Bankruptcy law or other applicable law or statute of the United States or any state thereof, or shall file a petition to take advantage of any insolvency act or shall assent to the appointment of a receiver or trustee of all or a substantial part of its business and property; or e. Leave the Premises vacant or deserted for a period of sixty (60) consecutive days; or f. Use the Premises for purposes other than those set forth in Paragraph 18 hereof, of fail to use the Premises for any purpose for a period of sixty (60) consecutive days and such lack of use shall continue for thirty (30) days after Landlord has given Tenant written notice specifying the default. 15. REMEDIES OF LANDLORD FOR DEFAULT. If Tenant is in default of this Lease, then Landlord shall have the following remedies: a. Landlord may sue to collect any and all sums which may accrue to Landlord by virtue of the provisions of this Lease and/or for any and all damage that may accrue by virtue of the breach of this Lease, Tenant hereby waiving all demands for rent; b. Landlord may sue to restrain by injunction any violation or threatened violation of the covenants, conditions or provisions of this Lease; -15-  c. Landlord may, without further notice to Tenant and without further demand for rent due or for the observance or performance of any of said terms, conditions or agreements, immediately re-enter the Leased Premises by force or otherwise, without being liable therefor, and remove all persons and property therefrom, using such force as may be necessary. If this Lease shall be terminated before its expiration by reason of Tenant’s default, or if the Tenant shall abandon or vacate said Premises before the expiration of the term of this Lease, the same may be re-rented by Landlord (but Landlord shall not be obligated so to do) for such rent and upon such terms as Landlord may see fit and Tenant shall stand liable to Landlord for any deficiency. Any costs incurred in storing Tenant’s property shall be considered additional damages recoverable by Landlord. d. If Tenant shall at any time be in default in fulfilling any of the covenants of the Lease, Landlord may, but shall not be obligated so to do, and without notice to or demand upon Tenant, take or cause to be taken such action or make such payment as may be required by such covenant, at Tenant’s risk and expense, and all expenses, costs and liabilities of Landlord incurred under this paragraph shall be deemed additional rent hereunder and shall be payable to Landlord on demand together with interest thereon at the rate of fifteen percent (15%) per annum. e. The remedies of Landlord hereunder shall be cumulative and not exclusive of any other remedy hereunder or to which Landlord may be lawfully entitled. The failure of Landlord to insist upon strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such or any other covenant or option, nor shall the receipt by Landlord of rent with knowledge of any default by Tenant, or any other action of Landlord except a waiver expressed in writing signed by Landlord, be deemed a waiver of such default, nor shall the acceptance of any sum of rental less than the sum provided for in this Lease alter the rental terms hereof or absolve Tenant from its obligation to pay the full rental herein provided, but the acceptance of any lesser sum than the full rent herein stipulated shall be an acceptance of the amount paid on account of the full rent due. 16. LEGAL FEES. If any person not a party to this Lease shall institute an action against Tenant in which Landlord, involuntarily and without cause, shall be made a party defendant, Tenant shall indemnify and save Landlord harmless from all liabilities, loss damage and expense by reason thereof, including reasonable attorney’s fees and all reasonable costs incurred by Landlord in such action. If any action shall be brought to recover any rental under this Lease, or for or on account of any other default/breach of or to enforce or interpret any of the terms, covenants or conditions of this Lease, or for the recovery of possession of the Premises, Landlord shall be entitled to recover from Tenant all reasonable attorney fees and costs. 17. BANKRUPTCY. If Tenant should be adjudged bankrupt, either voluntarily or involuntarily, Landlord shall have the option to pursue with the Court having jurisdiction all remedies to which Landlord may be entitled in law or equity. In no event shall Tenant’s interests in this Lease be deemed to be an asset of Tenant. 18. USE OF THE PREMISES. a. Tenant shall use the Leased Premises solely for the purpose of research and development of lighter than air vehicles, together with such other related uses as shall be reasonably incidental thereto, and for no other purposes, and it shall not use the Leased Premises for any purpose prohibited by the laws of the United States and the State of New Mexico. Tenant shall be bound by the Roswell City Code or as may be amended from time to time and all applicable policies and procedures of the Roswell International Air Center “RIAC”. b. Proper disposal of trash, fluids, parts, hazardous or contaminated waste or materials of whatsoever kind, type or description generated on or as a part of Tenant’s occupancy of the Premises is the sole -16- and absolute responsibility of Tenant. This responsibility extends to any materials of whatsoever kind, type or description generated on or as a part of Tenant’s occupancy of the Premises that might be considered to be, to cause, or result in Foreign Object Damage (FOD). Tenant shall comply with all Federal, State and local regulations, laws and ordinances of the City of Roswell in disposal of any such materials. Improper disposal of trash, fluids, parts, hazardous or contaminated waste or materials of whatsoever kind, type or description, foreign object debris (fod) collectively, generated on or as a part of Tenant’s occupancy of the Premises shall be grounds for the immediate Lease termination with or without process of law. Tenant represents to Landlord that it will not release any hazardous materials at the leased premises or contaminate the leased premises. To the extent it is proven that hazardous materials have been released on the leased premises by Tenant, Tenant’s employees or representatives during the term of Tenant’s occupancy of the leased premises, Tenant hereby unconditionally agrees at its sole cost to defend , indemnify, protect and hold Landlord harmless from and against any bodily injury, death or property damage, including (1) environmental claims, (2) environmental expenses, including without limitation, the handling, investigation, treatment, storage decontamination, remediation, removal, transport or disposal of such hazardous materials, and (3) liabilities, losses, damages, fines, penalties, charges, orders, judgments, or liens caused by such release. c. Tenant shall operate its business in such a manner as to prevent the performance of any act or creation or maintenance of any thing which, in the opinion of Landlord, is or may become a nuisance or otherwise noxious or objectionable condition including, but not limited to, any act or thing resulting in noise, vibration, shock, smoke, dust, odor or other forms of air pollution, or other condition, substance or element in such amount as to affect areas surrounding or adjoining the Premises. Landlord shall be the sole and reasonable judge as to whether or not any act done or thing created or maintained by Tenant on the Premises is or may become a nuisance or otherwise noxious or objectionable condition, and Tenant agrees to abide by Landlord’s decision and act in accordance with its directions with respect thereto. d. Landlord reserves the right to take any action it considers necessary to protect the aerial approaches to the RIAC’s airport against obstruction, and together with the right to prevent Tenant from erecting or permitting to be erected any building or other structure on the Premises which, in the opinion of Landlord, would limit the usefulness of the airport or constitute a hazard to aircraft or conflict with a current restriction or master plan. Landlord understands tenants need for maneuvering space around the proposed temporary hangar and will consider these needs when planning future construction. e. Tenant shall be responsible for the security of the leased premises. The City Code Book, Chapter 5, prohibiting uncontrolled traffic on the Aircraft Operating Area (AOA) shall be observed in all other portions of the AOA. The property will not be used for vehicle storage except for vehicle storage incident to aircraft use 19. NONDISCRIMINATION PROVISIONS. Tenant shall use the Premises in compliance with all requirements imposed by or pursuant to Nondiscrimination in Federally Assisted Programs of the Department of Transportation 49 CFR 21. Landlord shall itself comply with these requirements in its leasing activities. 20. DOMINANT PROVISIONS. The parties acknowledge that the Leased Premises are a part of the RIAC and are therefore subject to the provisions of the Indenture between the United States of America and the City of Roswell, dated 24 January 1968, and filed for record in Book 248, Page 901, Office of the County Clerk, Chaves County, New Mexico and any other agreements or understandings. The provisions of the above described indenture are hereby incorporated herein by reference and accepted as binding by the parties hereto. 21. ACCESS TO INSPECTION OF PREMISES. Upon giving reasonable notice to Tenant, Landlord -17- and the Federal Aviation Administration, their agents, or contractors may enter upon the Premises during Tenant’s regular business hours and have free access to all buildings and other improvements located thereon for the purpose of inspecting the condition thereof or exercising any right or power reserved to Landlord or the Federal Aviation Administration under the terms and provisions of this Lease. 22. ASSIGNMENT AND SUBLEASE. Tenant shall not assign this Lease, in whole or in part, nor sublet all or any part of the Premises. 23. HOLDOVER. In the event Tenant remains in possession of Premises after the expiration or termination of this Lease, Tenant shall be deemed a tenant from month to month only, at the rental provided for in this Lease plus an additional 5% and Tenant’s occupancy shall be governed in all other provisions hereof, except as to the duration of the term, by the provisions of this Lease. 24. INTERPRETATION OF LEASE AGREEMENT. Nothing in this Lease Agreement shall be construed or interpreted as limiting, relinquishing or waiving of any rights of ownership enjoyed by Landlord in the Premises; or waiving or limiting Landlord’s authority or control over the management, operation or maintenance of property, except as specifically provided for in this Lease Agreement; or impairing governmental rights and police powers of Landlord. 25. 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 provision of this Lease. 26. NOTICES. a. All notices, requests or other communications to Landlord shall be given by regular and certified mail addressed to the following: Air Center Manager 1 Jerry Smith Circle Roswell, NM 88203 b. All notices, requests or other communications to Tenant shall be given by regular and certified mail addressed to the following: Sky Sentry, LLC Your Address Goes Here 27. EFFECT. The terms and provisions hereof shall extend to and be binding upon the successors and assigns of the parties hereto. 28. WAIVERS. One or more waivers of any covenant, term or condition of this Lease shall not be construed as a waiver of a subsequent default or breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 29. GOVERNING LAW; VENUE. This Lease and the rights and obligations of the parties hereunder shall be shall be governed by New Mexico law. Any suit brought by either party regarding this agreement or default or breach thereof shall be filed in the courts of Chaves County New Mexico. -18-  30. TERMINATION. This Lease may be terminated by either party by giving thirty (90) days written notice. 31. ENTIRE AGREEMENT AND AMENDMENT. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, with all negotiations, considerations, and representations between the parties having been incorporated herein. No course of prior dealings between the parties shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease Agreement. No representations, understandings, or agreements have been made or relied upon in the making of this Lease Agreement other than those specifically set forth herein. This Lease Agreement is the entire Agreement and may be amended only in writing signed by Tenant and approved by Landlord’s Governing Body. IN WITNESS WHEREOF, this Lease Agreement is executed this day of March, 2017. LANDLORD: CITY SEAL CITY OF ROSWELL, NEW MEXICO ______________________ Dennis J. Kintigh, Mayor ATTEST: ______________________ Sharon Coll, City Clerk TENANT: SKY SENTRY, LLC ______________________ Charlie Lambert, CEO -19-  Exhibit “A” PREMISES: Building 1670 consisting of 4947 square feet ± and 75,000 square feet ± of land. 1 Balloon Road Exhibit “A” -20-  ROSWELL NEW MEXICO Legal Committee Thursday, February 23, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Consider sending to full Council for approval the agreement between City and Roebuck Entertainment relating to structures at Spring River Park. BACKGROUND: Roebuck Entertainment, LLC and the City entered into an agreement to stage the Christmas Railway Event in November and December 2016. Since that time, several structures erected for the event have been left on City property. The two parties are seeking to enter into an agreement to formalize that arrangement and plan for contingencies. FINANCIAL CONSIDERATION: Not applicable at this time. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: Not applicable. STAFF RECOMMENDATION: Consider sending to full Council for approval the agreement between City and Roebuck Entertainment relating to structures at Spring River Park. Attachment: 11/03/2016 Agreement relating to the Christmas Railway. -21- -22- -23- -24- -25-  ROSWELL NEW MEXICO Legal Committee Thursday, February 23, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Discussion and update of condition of Millennium Transit Services facilities located at RIAC and City options for remediation of any existing issues. BACKGROUND: Millennium Transit Services have leased property from the City since 1980 to construct a bus manufacturing plant. There has recently been some damage to the facility, but there are concerns that that no repairs have been made to the facility. At this time, the City is exploring its options related to the needed repairs. FINANCIAL CONSIDERATION: Not applicable at this time. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: Not applicable. STAFF RECOMMENDATION: Discussion and update of condition of Millennium Transit Services facilities located at RIAC and City options for remediation of any existing issues. Attachment: Agreement with the Millennium Transit Services. -26- -27- -28- -29- -30- -31- -32- -33- -34- -35- -36- -37- -38- -39- -40- -41- -42- -43- -44- -45- -46- -47- -48- -49- -50- -51- -52- -53- -54- -55- -56- -57- -58- -59-  ROSWELL NEW MEXICO Legal Committee Thursday, February 23, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Discussion of amendment to Roswell City Code Sec. 4-13 to allow chickens to be kept in city limits. BACKGROUND: Currently, chickens and other egg-laying fowl are prohibited from being kept in city limits. The City Code could be amended to permit keeping a small number of female fowl (i.e. no roosters) subject to certain conditions related to cleanliness and safety. Staff currently seeks discussion to determine the limits the committee is interested in accepting on the issue. FINANCIAL CONSIDERATION: Not applicable at this time. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: Not applicable. STAFF RECOMMENDATION: Discussion of amendment to Roswell City Code Sec. 4-13 to allow chickens to be kept in city limits. Attachment 1: Roswell City Code Sec. 4-13 Attachment 2: Alamagordo City Code Sec. 29-3-550. -60- Sec. 4-13. - Prohibited; nuisance declared. The keeping, harboring, confining or maintaining of any animals classified as livestock or fowl within the city is hereby declared to be a nuisance and unlawful, except in areas classified as Rural-Suburban (R- S) under the zoning ordinance. Exception: Rabbits may be kept within those areas that are zoned R-1, R-2, R-3 providing there are no more than three rabbits, which must be of the same sex, and are permanently housed in cage that prevents their escape. The residence where the rabbits are housed is subject to applicable provisions of the Roswell Municipal Code chapter 4 and specifically: (1) No person shall offer this animal as a prize, award, novelty, or incentive. (2) It shall be unlawful for anyone to willfully allow rabbits to run at large upon their premises or within the city limits. (3) Cages or secure enclosures shall be located ten feet from the nearest property line, and must also conform to zoning and building requirements. (4) All housing, pens, cages or facilities shall be structurally sound, maintained in good repair, adequately spaced, weatherproof, ventilated, sufficiently shaded, easy to be kept clean, sanitary and of nontoxic materials. (5) Animals shall be provided with clean, fresh, and sufficient amount of water, wholesome and adequate food. (6) This exception applies only to domesticated rabbits and excludes all other rabbits commonly referred to as wild rabbits (i.e., Cottontail rabbits and jackrabbits). (Code 1984, 5-33; Ord. No. 1253, § 1, 8-1994) Cross reference— Nuisances generally, ch. 16. -61-  CITY OF ALAMOGORDO CODE OF ORDINANCES 29-03-550. - Poultry. Poultry may be kept in all zoning districts subject to the following conditions: (1) Four (4) females (hen (chicken), hen (turkey), duck, or goose) may be kept on any lot within the city. (2) In lots having an area of at least one-half (½) acre but less than one (1) acre, ten (10) females (hen (chicken), hen (turkey), duck, or goose) may be kept. (3) In lots of one (1) acre or larger, twenty-five (25) females (hen (chicken), hen (turkey), duck, or goose) may be kept per acre. (4) No rooster or male chickens mature enough to crow or otherwise disturb the peace shall be kept within the city. (5) Poultry permitted by this chapter shall be housed in outdoor species-appropriate housing. (6) Secure enclosures which protect the poultry from predators and allow for species specific behaviors including but not limited to roosting, scratching, dusting, and nesting, are required and shall be constructed prior to acquisition of the poultry. Roosting areas shall provide no less than two (2) square feet per bird. The enclosure shall provide adequate shade and must be located at least ten (10) feet from any other structure and at least five (5) feet from any lot line. (7) Poultry shall be provided with constant access to potable water in sufficient amount as to maintain good health. (8) Nothing in this section shall be construed as permitting the keeping of poultry in numbers that constitute an animal nuisance as prohibited by section 7-01-050 of the Alamogordo Code of Ordinances. (Ord. No. 1493, art. 4, 4-14-15) -62-  ROSWELL NEW MEXICO Legal Committee Thursday, February 23, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. BACKGROUND: Currently, off-highway vehicles are not permitted to operate on City streets. Several other municipalities have followed the state’s lead in permitting these vehicles to be operated on municipal roadways subject to certain limitations. FINANCIAL CONSIDERATION: Not applicable at this time. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: Not applicable. STAFF RECOMMENDATION: Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. Attachment 1: Farmington City Code Secs. 25-3-136 to -140 Attachment 2: NMSA 1978, § 66-3-1011 -63-  CITY OF FARMINGTON CODE OF ORDINANCES DIVISION 5. - OFF-HIGHWAY MOTOR VEHICLES Sec. 25-3-136. - Definitions. As used in this division, the following definitions shall apply: Off-highway motor vehicle means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes: (1) "Recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having: a. A steering wheel for steering control; b. Non-straddle seating; c. Maximum speed capability greater than 35 miles per hour; d. Gross vehicle weight rating no greater than 1,750 pounds; e. Less than 80 inches in overall width, exclusive of accessories; f. Engine displacement of less than 1,000 cubic centimeters; and g. Identification by means of a 17-character vehicle identification number; or (2) By rule of the state department of game and fish, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-137. - Operation on streets or highways — prohibited areas. (a) A person shall not operate an off-highway motor vehicle on any: (1) Limited access highway or freeway at any time; (2) Paved street or highway except as provided in Subsection B or C of this section; (3) Walking trails; or (4) City parks. (b) Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off- highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible. (c) A recreational off-highway vehicle may be operated on a paved street owned and controlled by the city if: (1) The vehicle has one or more headlights and one or more taillights that comply with the Off- Highway Motor Vehicle Act, Sec. 66-3-1001 through 66-3-1021, NMSA 1978; -64-  (2) The vehicle has brakes, side mirrors on the right and left side of the driver, turn signals, horn, speedometer illuminated for nighttime operation and mufflers; (3) The operator has a valid driver's license, instruction permit or provisional license and an off- highway motor vehicle safety permit; (4) The operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act, Sec. 66-5-201 through 66-5-248, NMSA 1978; and (5) A person shall not operate an off-highway motor vehicle or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that comply with the Off-Highway Motor Vehicle Act. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-138. - Speed limit. The speed limit for recreational off-highway vehicles operated within the city shall be 45 miles per hour or the posted speed limit, whichever is less. A recreational off-highway vehicle traveling on a paved street shall travel at a speed that complies with the Off-Highway Motor Vehicle Act. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-139. - Passengers. A person operating a recreational off-highway vehicle shall ride only upon the permanent and regular seat attached thereto and such operator shall not carry any other person nor shall any other person ride on a recreational off-highway vehicle unless such vehicle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat, if designed for two persons, or upon another seat firmly attached to the recreational off-highway vehicle at the rear of the operator. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-140. - Obedience to traffic laws required. Any person operating an off-highway motor vehicle shall obey all traffic laws, rules and regulations and shall be subject to the provisions of Articles 1 through 8 of Chapter 66 NMSA 1978 [except 66-7-102.1 NMSA 1978]. (Ord. No. 2016-1286 , § 1, 5-10-16) -65-  West’s New Mexico Statutes Annotated Chapter 66. Motor Vehicles Article 3. Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; off-Highway Motor Vehicles; Other Vehicles (Refs & Annos) Part 11. Off-Highway Motor Vehicles N. M. S. A. 1978, § 66-3-1011 § 66-3-1011. Operation on streets or highways; prohibited areas Effective: May 18, 2016 Currentness A. A person shall not operate an off-highway motor vehicle on any: (1) limited access highway or freeway at any time; or (2) paved street or highway except as provided in Subsection B, C or D of this section. B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible. C. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity if: (1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act; (2) the vehicle has brakes, mirrors and mufflers; (3) the operator has a valid driver’s license, instruction permit or provisional license and an off-highway motor vehicle safety permit; -66-  (4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act; and (5) the operator of the vehicle is wearing eye protection and a safety helmet that comply with the Off-Highway Motor Vehicle Act. D. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section. E. A person shall not operate an off-highway motor vehicle on state game commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978. F. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources. G. Unless authorized, a person shall not: (1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or (2) install any off-highway motor vehicle-related sign. Credits L. 1975, Ch. 240, § 11; L. 1978, Ch. 35, § 207; L. 1985, Ch. 189, § 11; L. 2005, Ch. 325, § 14, eff. Jan. 1, 2006; L. 2009, Ch. 53, § 7, eff. April 1, 2009; L. 2016, Ch. 91, § 1, eff. May 18, 2016. Formerly 1953 Comp., § 64-42-11; 1953 Comp., § 64-3-1011. NMSA 1978, § 66-3-1011, NM ST § 66-3-1011 Current including emergency Ch. 3, of the 1st Regular Session of the 53rd Legislature (2017) End of Document © 2017 Thomson Reuters. No claim to original U.S. Government Works. -67-