Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, November 29, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Barry Foster, Ward 5 Members: George Peterson, Ward 4 Savino Sanchez, Ward 4 Staff Liason: Aaron Holloman CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on October 25, 2018. (page 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: (page 8) (A) NM DOT Training Academy - Consider approval to authorize NM Department of Transportation Training Academy, a New Mexico State Agency, to renew its current lease agreement on 60 acres of land and buildings 42 & 735 and an adjacent area of land. (page 10) (B) Greg Krantz - Consider approval to authorize Greg Krantz, an individual, to enter into a new lease agreement on T Hangar No. 120, Space 6. (page 15) 2. Award of RFP-18-008 (2nd Posting) - Consider approval of Award Recommendation for RFP-18- 008 (2nd Posting) Fleet Management and Maintenance Service and authorization for city manager to enter into contract negotiations with First Vehicle Services. (page 17) 3. Award of RFP-18-014(2nd Posting) - Consider approval of Award Recommendation for RFP-18- 014 (2nd Posting) Fire Apparatus Preventive Maintenance and Repair Services and authorization for city manager to enter into contract negotiations with Wild Horse Transportation LLC. (page 21) 4. Ord 18-xx Property Maintenance and Rental Registration - Discussion and possible recommendation of approval of Proposed Ordinance 18-XX modifying Chapter 6 (Buildings and Building Regulations), adding a new Article IV (Commercial and Rental Property Maintenance Code and Article V (Rental Housing Registration), providing for severability and an effective date. (page 24) 5. Res. 18-xx Local Election Act Changes – Consider approval of Resolution 18-xx a resolution encouraging the New Mexico State Legislature to amend changes in Chapter 1, Article 22 NMSA 1978, Local Elections Act. (page 43) 11/29/2018 - Legal Committee --1-- City of Roswell, New Mexico  6. Res. 18-xx Seeking Donation of State Land - Consider approval of a resolution of support for requesting the New Mexico legislature transfer 16 acres of State land on RIAC at 31 Gail Harris St. (the old State Rehab Hospital location). (page 48) 7. Res. 18-xx To Seek Release of the OMA from FAA Financial Contribution Requirements - Consider approval of a resolution to request that the FAA release the Old Municipal Airport land from financial contribution requirements, in order to promote development of the OMA land for residential and other appropriate purposes. (page 50) CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS 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 18-55. 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: Wednesday, November 21, 2018 11/29/2018 - Legal Committee --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Conference Room at City Hall Thursday, October 25, 2018 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4 NMSA 1978 and Resolution 18-55. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding; Councilors Foster, Peterson, and Sanchez being present. Staff present: Bill Morris, Aaron Holloman, Chanel Rey, Parker Patterson, Joe Neeb, Scott Stark, Mark Bleth, Louis Najar, and Monica Garcia. Guests present: Tim Jennings, Steve Dodson, Bryan Hancock, John Mulcahy, Tawnie Honey, Mayor Kintigh, Kyle Armstrong, Dennis Corsi, and Alison Penn. APPROVAL OF AGENDA Councilor Sanchez moved to approve the October 25, 2018, Legal Committee meeting agenda with the following changes:  Move Action Items 8 and 9 under Action Item 2 Councilor Peterson was the second. A voice vote was unanimous, and the motion passed 4-0. APPROVAL OF MINUTES Councilor Sanchez moved to approve the minutes from the September 27, 2018, regular Legal Committee meeting as presented. Councilor Peterson was the second. A voice vote was unanimous, and the motion passed 4-0. REGULAR ITEMS 1. RIAC Leases- (A) Stevens & Richardson: Mr. Bleth stated that David Stevens and Kurt J. Richardson, lease the building for the purpose of aircraft storage and maintenance. The new rent is $836 monthly; $10,032 annually. David Stevens and Kurt J. Richardson have been customers since November 1999. Councilor Foster moved to send to full Council on consent agenda recommending approval of David Stevens and Kurt J. Richardson to renew their lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. (B) Walker: Mr. Bleth stated that Carlton Walker leases the building for the purpose of aircraft storage and maintenance. The new monthly rent is $195 monthly; $2,340 annually. Carlton Walker has been a customer since November 1988. Councilor Foster moved to send to full Council on consent agenda recommending approval of Carlton Walker to renew his lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. 11/29/2018 - Legal Committee --3-- City of Roswell, New Mexico (C) Wadsworth: Mr. Bleth stated that Tom Wadsworth leases the building for the purpose of aircraft storage and maintenance. The new rent is $183, $195, and $183 monthly; $2,196, $2,340 and $2,196 annually. Tom Wadsworth has been a customer since November 1992. Councilor Sanchez moved to send to full Council on consent agenda recommending approval of Tom Wadsworth to renew his lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. (D) Goodman: Mr. Bleth stated that Kent Goodman leases a portion of the building for the purpose of storage. The new rent is $106 monthly; $1,272 annually. Kent Goodman has been a customer since November 2016. Councilor Foster moved to send to full Council on consent agenda recommending approval for Kent Goodman to renew his lease agreement subject to all terms and conditions of the lease. Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4-0. (E) GenAir, NM, LLC: Mr. Bleth stated that GenAir, NM, LLC leases the building and adjacent land for the purpose of office space and storage. The new rent is $617 monthly; $7,404 annually. GenAir, NM, LLC, has been a customer since November 2011. Councilor Foster moved to send to full Council on consent agenda recommending approval for GenAir, NM, LLC, to renew their lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. (F) Stewart Industries Int’l Inc.: Mr. Stark stated that Stewart Industries International, LLC, leases the hangar for the purpose of aviation maintenance and as an associated office. The new rent is $6,543.30 monthly; $78,519.60 annually. Stewart Industries International, LLC, has been a customer since September 2008. Councilor Foster moved to send to full Council on consent agenda recommending approval for Stewart Industries International, LLC, to renew their lease agreement subject to all terms and conditions of the lease. Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4- 0. (G) US DOT FAA: Mr. Stark stated the United States of America Department of Transportation Federal Aviation Administration, leases the building for the purpose of activities in support of Air Traffic operations. The new rent is $1,797 monthly; $21,564 annually. FAA has been a customer since January 1967. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for US DOT FAA, to renew their lease agreement subject to all terms and conditions of the lease. Councilor Foster was the second. A voice vote was unanimous and the motion passed 4-0. (H) Alien City Dragway, LLC: Mr. Bleth stated the Alien City Dragway, LLC, leases an area of land for the purpose of operating a drag strip. The new rent is $528 monthly; $6,336 annually. Alien City Dragway, LLC, has been a customer since November 2016. Councilor Foster moved to send to full Council on consent agenda recommending approval for Alien City Dragway, LLC, to amend their lease agreement to exercise the second of four one year 11/29/2018 - Legal Committee --4-- City of Roswell, New Mexico  options subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. (I) AerSale, Inc.: Mr. Stark stated AerSale, Inc., request their leasehold be increased in Building No. 112B by 10,000 square feet. Rent will increase by $14,424 annually; $1,202 monthly to total $50,143.44 annually; $4,178.62 monthly for all space leased in building 112A and 112B effective December 2018. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for AerSale, Inc., to increase their leasehold subject to all terms and conditions of the lease. Councilor Foster was the second. A voice vote was unanimous and the motion passed 4-0. 2. Resolution 18-xx on Airport Authority: Mr. Holloman discussed a resolution in support of New Mexico legislation generating the ability of the City of Roswell to establish a regional air center special economic district at the RIAC. This resolution would show the support of the City of Roswell for renewed efforts to secure passage of legislation granting the City authority to establish an independent Airport Authority for the RIAC. Mr. Kunkel, Mr. Jennings, and Mr. Mulcahy were present to answer questions. Councilor Sanchez moved to recommend to full Council approval of Resolution 18-xx on Airport Authority. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4- 0. 3. EDC Project Services Agreement: Mr. Holloman discussed the Project Services Agreement with the Roswell Chaves County Economic Development Corporation. A redline copy was provided at the meeting. The EDC would be able to use its skills to further assist Red Mountain Arsenal LLC, a business EDC worked to locate, in developing the site and the business to ensure success of the project. EDC would be awarded $307,000 under the terms of the agreement. Councilor Foster moved to recommend to full Council approval of the EDC Project Services Agreement with the following changes:  Under “Recital” second “Whereas” replace “having” with “where”, strike the word “which”, strike the word “non-local”  Under “Recital” third “Whereas” strike the word “non-local”  Under “Recital” fourth “Whereas” replace “towards” with “toward”  On page 2 third “Whereas” add “of” Building No. 60  On page 2 last “Whereas” strike “in light of” replace with “because of”  Add “Council” to City in the last sentence of number 4 Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4- 0. 4. EDC Assignment: Mr. Holloman discussed the Assignment Agreement with the Roswell Chaves County Economic Development Corporation. A redline copy was provided at the meeting. As a conjunction with the Project Services Agreement, this Assignment Agreement of the lease with RMA would allow EDC to temporarily take the property to make changes and assist in developing the business. Councilor Sanchez moved to recommend to full Council approval of the Assignment Agreement with the Roswell 11/29/2018 - Legal Committee --5-- City of Roswell, New Mexico  Chaves County Economic Development Corporation. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. 5. Wide Body Hangar Project: Mr. Stark discussed the authorization of Task Order F, under the professional service agreement between the City of Roswell and Armstrong Consultants, Inc., for a Wide Body Hangar Development Program. The objective of this project is to provide site plans, cost estimates and financial pro forma, including available economic incentives, that can be utilized in the immediate short-term to secure a tenant, obtain financing, and begin development of the facility. Task Order F is slated to cost $98,000 plus NMGRT. Mr. Corsi was present by phone to answer questions. Councilor Foster moved to recommend to full Council approval to authorize Task Order F. Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4-0. 6. Ord 18-xx Chronic Nuisance: Mr. Morris discussed the advertisement for a public hearing on Proposed Ordinance 18-xx relating to chronic nuisance premises. Proposed Ordinance 18-xx would define nuisance activities on private property and would allow the City to cite into municipal court after the City has determined that three or more nuisance activities resulting in enforcement action have occurred at a premises during a twelve month period. Councilor Foster moved to recommend to full Council approval of Proposed Ordinance 18-xx relating to chronic nuisance and to advertise for a public hearing in November with the following changes:  Under definitions change “owner” to “title holder”  Under definitions under “Premises” change “business premises” to “business property”  Add “Abatement Plan” to the definitions Councilor Sanchez was the second. A voice vote was 3-1 with Councilor Peterson voting no. 7. Amend to Ord 18-08 Permitting Poultry in City Limits: Mr. Holloman discussed the advertisement for public hearing on amending the Proposed Ordinance permitting raising poultry in City limits. A red-line copy was provided at the meeting. Currently, chickens and other egg-laying fowl are prohibited from being kept in city limits. The City Code would be amended to permit keeping a small number of female fowl subject to certain conditions related to cleanliness and safety. Councilor Stubbs moved to recommend to full Council approval of amending Proposed Ordinance 18-08 permitting raising Poultry in City limits and to advertise for a public hearing in November with the following changes:  Section 1 remove “pheasants”  Section 1 add item 9 included in the redline copy  Section 2 items 2 and 6 add “poultry and” before rabbits Councilor Peterson was the second. A voice vote was 3-1 with Councilor Sanchez voting no. 8. Ord 18-06 Meter Tampering: Mr. Holloman discussed the advertisement for public hearing on Proposed Ordinance 18-06 which creates a new section in the City Code (26-125) to 11/29/2018 - Legal Committee --6-- City of Roswell, New Mexico  deal with meter tampering. Councilor Sanchez moved to recommend to full Council approval of Proposed Ordinance 18-06 Meter Tampering and to advertise for a public hearing in November. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. 9. Ord 18-xx Amending Penalty Assessment Misdemeanors with Uniform Traffic Ordinance Update: Mr. Holloman discussed the advertisement for public hearing on Proposed Ordinance 18-xx amending Penalty Assessment Misdemeanors. The Proposed Ordinance would update and modify the current list of penalty assessment misdemeanors and associated fines, based upon the proposed ordinance promulgated by the New Mexico Municipal League. Councilor Foster moved to recommend to full Council approval of amending Proposed Ordinance Penalty Assessment Misdemeanors with Uniform Traffic Ordinance Update and to advertise for a public hearing in November. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. DISCUSSION/NON-ACTION ITEMS None CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Councilor Stubbs discussed scheduling the November meeting for November 29, 2018. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 7:18 p.m. 11/29/2018 - Legal Committee --7-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, November 29, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) NM DOT Training Academy (B) Greg Krantz ACTION REQUESTED: (A) Consider approval to authorize NM Department of Transportation Training Academy, a New Mexico State Agency, to renew its current lease agreement on 60 acres of land and buildings 42 & 735 and an adjacent area of land. (B) Consider approval to authorize Greg Krantz, an individual, to enter into a new lease agreement on T Hangar No. 120, Space 6. BACKGROUND: (A) NM Department of Transportation Training Academy, leases the building the purpose of operating a training academy for heavy road equipment. Premises consists of 60 acres of land, building space is 11,915 square feet and 12,011 square feet, 37,821 square feet of land. New monthly rent amount is $12,318; $49,272 annually. NM DOT have been customers since January 1982. (B) Greg Krantz, lease the hangar for the purpose of aircraft storage and maintenance. T Hangar No. 120, Space 6 consisting of 1002 square feet. Monthly rent $183; $2,196 annually. Greg Krantz is a new customer. FINANCIAL CONSIDERATION: (A) NM Department of Transportation Training Academy, new quarterly rent amount is $12,318.00; $49,272.00 annually. Rent adjustment is 9.5%. Term: January 1, 2019 through December 31, 2023. (B) Greg Krantz, new lease monthly rent amount is $183; $2,196 annually. Rent adjustment is 0.00%. Term: December 31, 2018 through November 30, 2019. Hangar No. 120, Space 6. LEGAL REVIEW: The City Attorney has reviewed the leases. 11/29/2018 - Legal Committee --8-- City of Roswell, New Mexico BOARD and/or The Legal Committee is asked to consider recommending to COMMITTEE ACTION: City Council: (A) Approval to authorize NM DOT Training Academy to renew its current lease agreement on 60 acres of land and buildings 53 & 735 and an adjacent area of land for the quarterly rent amount of $12,318; $49,272 annually. (B) Approval to authorize Greg Krantz to enter into a new lease agreement on T Hangar 120, Space 6 for the monthly rent amount of $183; $2,196 annually. STAFF Staff recommends: RECOMMENDATION: (A) Approval to authorize NM DOT Training Academy to renew its current lease agreement on 60 acres of land and buildings 53 & 735 and an adjacent area of land for the quarterly rent amount of $12,318; $49,272 annually. (B) Approval to authorize Greg Krantz to enter into a new lease agreement on T Hangar 120, Space 6 for the monthly rent amount of $183; $2,196 annually. 11/29/2018 - Legal Committee --9-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 13th day of December 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and NEW MEXICO DEPARTMENT OF TRANSPORTATION TRAINING ACADEMY, a New Mexico State Agency, 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. 42 consisting of 11,915 square feet, more or less, together with a parking area and an adjacent area of land, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A", and Building No. 735 consisting of 12,011 square feet, more or less, together with the fenced parking lot immediately west of the building and an adjacent area of land, 37,821 ± square feet, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "B", and Two un-improved areas of land totaling sixty (60) acres, 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 Exhibits "C" & “D” (Premises). 2. TERM. The Lease term is for five (5) years, commencing on January 1, 2019 and ending December 31, 2023 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Forty Nine Thousand, Two Hundred Seventy Two Dollars and No Cents ($49,272.00) payable in 4 quarterly payments of $12,318.00 the first year of the lease term. Thereafter rent shall increase annually by CPI-Urban, all cities average, or by 3% whichever is greater. Rent and other fees are due on the first day of each quarter (July, October, January, April). 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. None. 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. 11/29/2018 - Legal Committee --10-- City of Roswell, New Mexico  EXHIBIT “A” City of Roswell, New Mexico Roswell International Air Center SKETCH - Lease tract Building 42. Leasee: NMDOT Highway Dept. EXHIBIT “A” 11/29/2018 - Legal Committee --11-- City of Roswell, New Mexico  EXHIBIT “B” The city of Roswell, New Mexico Roswell International Air Center SKETCH - Lease tract Building 735. Leasee: NMDOT Highway Dept. EXHIBIT “B” 11/29/2018 - Legal Committee --12-- City of Roswell, New Mexico  EXHIBIT “C” Tract Contains 53.82 acres ± NOTE: Distance measured with wheel measuring device over rough, vegetation covered terrain and are not exact. Corners of tract are marked with lath identified with yellow flagging. The city of Roswell, New Mexico Roswell International Air Center SKETCH OF LAND FOR LEASE. Leasee: NMDOT Highway Dept. EXHIBIT “C” 11/29/2018 - Legal Committee --13-- City of Roswell, New Mexico  EXHIBIT “D” Note: 1. Remain 100’ south of radar road. 2. Remain 100’ east of Cessna road. EXHIBIT “D” 11/29/2018 - Legal Committee --14-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 13th day of December 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and GREG KRATZ, an individual, 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: “T” Hangar No. 120, Space 6 consisting of 1002 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 December 1, 2018 and ending November 30, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, One Hundred Ninety Six Dollars and No Cents ($2,196.00), payable in 12 monthly installments of $183.00. 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 $183.00 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 11/29/2018 - Legal Committee --15-- City of Roswell, New Mexico  EXHIBIT “A” EXHIBIT “A” 11/29/2018 - Legal Committee --16-- City of Roswell, New Mexico  AGENDA ITEM NO. 2 - ABSTRACT LEGAL COMMITTEE Thursday, November 29, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RFP-18-008 (2nd Posting) Award Recommendation ACTION REQUESTED: Consider approval of Award Recommendation for RFP-18-008 (2nd Posting) Fleet Management and Maintenance Service and authorization for city manager to enter into contract negotiations with First Vehicle Services. BACKGROUND: This RFP was posted and four proposals were received on October 23, 2018. One proposal was rejected and three proposals were reviewed by the evaluation committee. FINANCIAL CONSIDERATION: City Departments budget each year for city fleet repairs. LEGAL REVIEW: Yes BOARD AND COMMITTEE ACTION: Legal Committee is asked to consider approval of award recommendation and authorization for city manager to enter into negotiations with First Vehicle Services. STAFF RECOMMENDATION: Staff recommends approval of award recommendation and authorization for city manager to enter into negotiations with First Vehicle Services. 11/29/2018 - Legal Committee --17-- City of Roswell, New Mexico  Date: November 7, 2018 To: Lupita Everett, Chief Procurement Officer From: Mike Mathews, Director of Public Safety (Project Manager) Subject: RFP-18-008 (2nd Posting) – Award Recommendation Four proposals were received on October 23, 2018 for the 2nd posting of the project referenced above: 1) First Vehicle Services of 2) Forrest Tire Company of Roswell, Roswell NM 3) Wild Horse Transportation LLC, Roswell NM 4) Temor Tires LLC dba Big O Tires The proposal for Temor Tires LLC dba Big O Tires was initially considered as responsive and was submitted to the Evaluation Committee. After the evaluation commenced, it was rejected for the following reason:  The proposal contained pricing and cost within the proposal contents. The ‘Cost Proposal’ section of the RFP document, Page 10, Item 8. Cost Proposal, ‘a’ through ‘d’, states that the ‘Cost Proposal’ shall be provided in a separately sealed envelope. The Evaluation Committee recommends award of this project to the Offeror with the highest score and Ranked in this order:  First Vehicle Services of Cincinnati OH Rank #1 Score: 440  Forrest Tire Company of Roswell NM Rank #2 Score: 437  Wild Horse Transporation LLC, Roswell NM Rank #3 Score: 287 The Evaluation Committee made their award recommendation decision based on the following criteria: OFFERER’S EXPERIENCE  TRANSISTION EXPERIENCE  RESPONSIVENESS TO RFP REQUIREMENTS  QUALIFICATIONS OF KEY PERSONNEL  ABLE TO PROVIDE MAINTENANCE FACILITY LOCATION  COST   Please contact me with questions or concerns for this project. 11/29/2018 - Legal Committee --18-- City of Roswell, New Mexico Mike Mathews, Director of Public Safety m.mathews@roswell-nm.gov 11/29/2018 - Legal Committee --19-- City of Roswell, New Mexico CITY OF ROSWELL, NM RFP-18-008 (2nd Posting) Fleet Management & Maintenance Service SCORE TABULATION Offeror Total Score Ranking First Vehicle Services 440 1 Forrest Tire Company of Roswell 437 2 Wild Horse Transportation LLC 287 3 11/29/2018 - Legal Committee --20-- City of Roswell, New Mexico  AGENDA ITEM NO. - ABSTRACT LEGAL COMMITTEE Thursday, November 29, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RFP-18-014 (2nd Posting) Award Recommendation ACTION REQUESTED: Consider approval of Award Recommendation for RFP-18-014 (2nd Posting) Fire Apparatus Preventive Maintenance and Repair Services and authorization for city manager to enter into contract negotiations with Wild Horse Transportation LLC. BACKGROUND: This RFP was posted and three proposals were received on October 23, 2018. Two proposals were rejected and one was reviewed by the evaluation committee. FINANCIAL CONSIDERATION: Fire Department budgets each year for fleet repairs. LEGAL REVIEW: Yes BOARD AND COMMITTEE ACTION: Legal Committee is asked to consider approval of award recommendation and authorization for city manager to enter into negotiations with Wild Horse Transportation LLC. STAFF RECOMMENDATION: Staff recommends to consider approval of award recommendation and authorization for city manager to enter into negotiations with Wild Horse Transportation LLC. 11/29/2018 - Legal Committee --21-- City of Roswell, New Mexico Date: November 16, 2018 To: Lupita Everett, Chief Procurement Officer From: Mike Mathews, Director of Public Safety (Project Manager) Subject: Award Recommendation: RFP-18-014 (2nd Posting) Fire Apparatus Preventive Maintenance & Repair Services Three proposals were received on October 23, 2018 for the 2nd posting of the project referenced above: 1) New Mexico Apparatus LLC, McIntosh NM 2) Siddons-Martin Emergency Group LLC, Albuquerque NM 3) Wild Horse Transportation LLC, Roswell NM The proposals for Siddons-Martin was initially considered as responsive and was submitted to the Evaluation Committee. After the evaluation commenced, it was rejected for the following reason:  The proposal contained pricing and cost within the proposal contents. The ‘Cost Proposal’ section of the RFP document, Page 11, Item 8. Cost Proposal, ‘a’ through ‘d’, states that the ‘Cost Proposal’ shall be provided in a separately sealed envelope. The proposal for New Mexico Apparatus LLC was considered as non-responsive and was rejected for the following reason:  Bonding material requirements detailed in the RFP. The Evaluation Committee recommends award of this project to this Offeror:  Wild Horse Transportation LLC, Roswell NM The Evaluation Committee made their award recommendation decision based on the following criteria: OFFEROR’S EXPERIENCE A local company whose main focus is truck repair. TRANSISTION EXPERIENCE The Offeror has converted multiple contracts. RESPONSIVENESS TO RFP REQUIREMENTS The Offeror provided responses to each of the requirements. QUALIFICATIONS OF KEY PERSONNEL The Offeror will be obtaining the necessary certifications. 11/29/2018 - Legal Committee --22-- City of Roswell, New Mexico ABLE TO PROVIDE MAINTENANCE FACILITY LOCATION The Offeror has a current local location. COST The Offeror is competitive with their proposal. Please contact me with questions or concerns for this project. Mike Mathews, Director of Public Safety m.mathews@roswell-nm.gov 11/29/2018 - Legal Committee --23-- City of Roswell, New Mexico  AGENDA ITEM NO. 4– ABSTRACT LEGAL COMMITTEE MEETING Thursday, November 29, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Ord 18-xx Property Maintenance and Rental Registration ACTION REQUESTED: Discussion and possible recommendation of approval of Proposed Ordinance 18-XX modifying Chapter 6 (Buildings and Building Regulations), adding a new Article IV (Commercial and Rental Property Maintenance Code and Article V (Rental Housing Registration), providing for severability and an effective date. BACKGROUND: Proposed Ordinance 18-XX would establish minimum building code standards for commercial and residential rental properties. Additionally, Proposed Ordinance 18-XX would create a rental property registration program that would require all rental properties have an inspection at regular intervals and be registered with the City thru a business license. The intent is to help ensure that rentals meet minimum health and safety standards. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: n/a BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: November 29, 2018. STAFF Discussion and possible recommendation of approval of RECOMMENDATION: Proposed Ordinance 18-XX modifying Chapter 6 (Buildings and Building Regulations), adding a new Article IV (Commercial and Rental Property Maintenance Code and Article V (Rental Housing Registration), providing for severability and an effective date. 11/29/2018 - Legal Committee --24-- City of Roswell, New Mexico  ORDINANCE NO. 18-XX AN ORDINANCE OF THE CITY OF ROSWELL MODIFYING CHAPTER 16 (NUISANCES), ADDING A NEW SEC. 6-100 (PROPERTY MAINTENANCE STANDARDS), ADDING A NEW ARTICLE V (RENTAL HOUSING), AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Roswell, New Mexico, has determined that there are significant numbers of rental and commercial properties which may not be meeting minimum building code compliance; and, WHEREAS, the City of Roswell City Council has determined that creating a rental registration program that would require scheduled inspections of premises to ensure that rental units meet minimum living standards. NOW THEREFORE, be it ordained by the governing body of the City of Roswell, State of New Mexico: Section 1. MODIFICATIONS Add to City Code as Article IV. Commercial and Rental Property Maintenance Code Chapter 6. Buildings and Building Regulations. Article IV. Commercial and Rental Property Maintenance Code Sec. 6-100: Property Maintenance Standards: The following minimum standards will apply to all commercial and residential rental properties. Sec. 6-110. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. Sec. 6-120. Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. Sec. 6-130. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in 11/29/2018 - Legal Committee --25-- City of Roswell, New Mexico such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. Sec. 6-140. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Sec. 6-150. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. Sec. 6-160. Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 11/29/2018 - Legal Committee --26-- City of Roswell, New Mexico 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire- resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. Sec. 6-170. Closing of vacant substandard structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. Sec. 6-180. Closing of vacant structures. If the structure is vacant and is not in danger of structural collapse, the property may be closed up by the property owner 11/29/2018 - Legal Committee --27-- City of Roswell, New Mexico for a period of no more than one (1) year, so long as the buildings openings being covered up are painted to the same color as the wall surrounding the opening. Sec. 6-190. Authority to disconnect service utilities. The code official shall have the authority to disconnect utility services to the building, structure or system regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. Sec. 6-200. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment. If the notice pertains to equipment, it shall also be placed on the condemned equipment. Sec. 6-210. Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Sec. 6-220. Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. Sec. 6-230. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. Sec. 6-240. Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. Sec. 6-250. Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of 11/29/2018 - Legal Committee --28-- City of Roswell, New Mexico the unsafe condition. Sec. 6-300: Demolition Sec. 6-310. General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the code official. In this section, “unreasonable to repair” means that the repair costs exceed 30% of the replacement value of the structure as established by the Chaves County Appraiser. Sec. 6-320. Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be alien upon such real estate. Sec. 6-330. Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. Sec. 6-400: Water System Sec. 6-410. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. 11/29/2018 - Legal Committee --29-- City of Roswell, New Mexico Sec. 6-420. Contamination. The water supply shall be maintained free fof contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric type vacuum breaker or attached hose connection vacuum breaker. Sec. 6-420. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. Sec. 6-420. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 6-500: Sanitary Drainage System Sec. 6-510. General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. Sec. 6-520. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Sec 6-530. Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for inspection by the code official. Sec. 6-600: Heating Facilities Sec. 6-610. Facilities required. Heating facilities shall be provided in structures as required by this section. Sec. 6-620. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor 11/29/2018 - Legal Committee --30-- City of Roswell, New Mexico shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Sec. 630. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either express or implied, to furnish heat to the occupants shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: When outdoor temperature is below winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. Sec. 6-640. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. Sec. 650. Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. Sec. 6-700: Electrical Facilities Sec. 6-710. Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. Sec. 6-720. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire. 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. Sec. 6-730. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar 11/29/2018 - Legal Committee --31-- City of Roswell, New Mexico reasons, the code official shall require the defects to be corrected to eliminate the hazard. Sec. 6-740. Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water. Sec. 6-750. Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement: A. Enclosed switches, rated a maximum of 600 volts or less; B. Busway, rated a maximum of 600 volts; C. Panelboards, rated a maximum of 600 volts; D. Switchboards, rated a maximum of 600 volts; E. Fire pump controllers, rated a maximum of 600 volts; F. Manual and magnetic motor controllers; G. Motor control centers; H. Alternating current high-voltage circuit breakers; I. Low-voltage power circuit breakers; J. Protective relays, meters and current transformers; K. Low- and medium-voltage switchgear; L. Liquid-filled transformers; M. Cast-resin transformers; 11/29/2018 - Legal Committee --32-- City of Roswell, New Mexico N. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water; 0. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; P. Luminaires that are listed as submersible; Q. Motors; R. Electronic control, signaling and communication equipment. Sec. 6-710. Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. Sec. 6-710. Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement. Sec. 6-800. Fire Safety Requirements Sec. 6-810: General. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner— 0ccupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. Sec. 6-820. Means of Egress. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. Sec. 6-830. Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. Sec. 6-840. Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted 11/29/2018 - Legal Committee --33-- City of Roswell, New Mexico by the International Building Code. Sec. 6-850. Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Sec. 6-860. Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. Sec. 6-870. Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. Sec. 6-880. Fire Protection Systems. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. Sec. 6-890. Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. Sec. 6-900. Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code. Sec. 6-910. Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary 11/29/2018 - Legal Committee --34-- City of Roswell, New Mexico power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. Section 6-920. Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. 11/29/2018 - Legal Committee --35-- City of Roswell, New Mexico Section 1. MODIFICATIONS Add to City Code as Article V. Rental Housing Registration Chapter 6. Buildings and Building Regulations. Article V. Rental Housing Registration. Sec. 6-1000. Definitions. Unless the context clearly indicates a different meaning, the following words or phrases, when used in this article, shall have the following meanings. Undefined words shall be given the definitions provided in the International Property Maintenance Code (IPMC) and, if undefined there, their usual and customary meaning. A. Chapter 6, Article IV (Commercial and Rental Property Maintenance Code) is the applicable code for reviewing rental registration applications. B. Licensed Home Inspector. Any person registered or licensed as a home inspector and approved by the planning and zoning department. C. Managing Agent. The person designated and authorized by the owner to perform any duty imposed upon the owner by this article. If the owner provides no such designation, the owner shall be considered the managing agent. D. Owner. Any person who owns, purports to own, exercises control over, or has a legal or equitable interest in any rental complex. E. Person. An individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof. F. Community Development Department. The official who is charged with the administration and enforcement of this article, or any duly authorized representative. G. Rental Complex. Any building containing one or more rental units, which is not specifically excluded by Section 6-880. H. Rental Unit. Any single room, mobile home, apartment, house, cottage, cabin, or other space consisting of one or more rooms: 1. which provides complete and independent living facilities for one or more persons; 11/29/2018 - Legal Committee --36-- City of Roswell, New Mexico  2. which includes permanent provisions for living, sleeping, eating, cooking, and sanitation; 3. which is leased, rented, or offered for rent for living and dwelling purposes regardless of the consideration for occupancy, including but not limited to money paid, services rendered, or accommodation incident to employment; and 4. which is not specifically excluded by Section 6-880. Sec. 6-1010. Licensed Home Inspector. A qualified home inspector must be approved by the Community Development Department and possess one or more of the following certifications: A. American Association of Code Enforcement property maintenance and housing inspector certification; B. International Code Council property maintenance and housing inspector certification; C. International Code Council residential building code inspector; D. New Mexico State licensed home inspector; or E. Other acceptable credential the Community Development Department establishes by rule. Sec. 6-1020. Initial Registration Required. A. Any person who offers for occupancy or allows to be occupied any rental unit within the corporate limits of the City of Roswell shall first register such rental unit with the Community Development Department on forms furnished for that purpose, which form shall contain at least: 1. The name, address, phone number, and email address of the owner; 2. The name, address, phone number, and email address of the managing agent; 3. The physical address of the rental complex; and 4. The number and kind of rental units within the rental complex. 5. Gross receipts tax number certification. 11/29/2018 - Legal Committee --37-- City of Roswell, New Mexico B. The fees for an initial registration shall be: 1. First or single rental unit in a single rental complex: $15.00. 2. Each addition rental unit in the same rental complex: $5.00 with a maximum amount of $50.00. C. Each and every rental complex located within the corporate limits of the City of Roswell must be registered with the Community Development Department on or before July 1, 2018. Sec. 6-1030. Annual Renewal of Registration. A. All rental complex registrations shall be renewed with the Planning and Zoning Department on forms furnished for that purpose on or before the first day of April of each year. B. The fee for registering any rental property shall be: 1. First or single rental unit in a single rental complex: $15.00. 2. Each addition rental unit in the same rental complex: $5.00 with a maximum amount of $50.00. Sec. 6-1040. Inspections. A. Authority. The Community Development Department is hereby authorized and directed to make inspections to determine whether each rental unit within the corporate limits of the City of Roswell complies with Chapter 6, Article IV (Commercial and Rental Property Maintenance Code). The Community Development Department may grant inspections to be completed by an outside approved contractor. B. Grace Period. Inspections shall begin on August 1, 2018, and the rental complexes to be inspected will be chosen at random from all registrations. The number of inspections each year will be determined by the Community Development Department based on considerations such as staff and budget availability. From the time registration is required to the time inspections begin, owners may contact the Community Development Department to schedule a voluntary inspection to permit any potential violations to be corrected prior to the initial inspection. C. Schedule. Each rental unit shall be inspected at least once every ten (10) years. 11/29/2018 - Legal Committee --38-- City of Roswell, New Mexico D. Cost for Inspection. The cost for the inspection shall be covered by the owner or managing agent of the property or complex. E. Notice. Inspections will be scheduled with at least forty-five (45) days’ advance notice and will occur during normal weekday business hours. Notice of inspection will be mailed to the owner or managing agent and delivered to the physical address of the rental unit and will specify the date and time of the inspection. Inspections may be rescheduled at the discretion of the Community Development Department. F. Violation. It shall be unlawful for any person to refuse entry to the Community Development Department during a noticed inspection. Sec. 6-1050. Standards. A. Rental units and rental complexes shall be kept and maintained in compliance with the City Code, as amended from time to time and as adopted by the City Council. B. The Community Development Department shall create, maintain, and make available to the public an owner’s guide to the IPMC, which shall explain common violations and requirements. Sec. 6-1060. Enforcement. A. Within ten (10) business days of a completed inspection, the Community Development official shall prepare and mail to the owner or managing agent a written report containing: 1. A description of the condition constituting a violation with appropriate reference to Chapter 6, Article IV (Commercial and Rental Property Maintenance Code); 2. A date by which violations must be remedied, which date shall consider the severity of the violation and other considerations at the reasonable discretion of the Community Development Department; and 3. The date and time of a follow-up inspection to occur after the deadline to correct violations. B. If the violations identified in the report have not been corrected as of the date identified, the Community Development Department shall cause the rental unit to be vacated within a certain time from the date of the order as determined by the Community Development Department to be reasonable. The Community Development Department shall 11/29/2018 - Legal Committee --39-- City of Roswell, New Mexico  cause the rental unit to be posted to prevent further occupancy until the work is completed and shall take any other steps the Community Development Department deems necessary to protect life, health, and property and to prevent nuisances. C. The provisions of this article may be enforced jointly and severally against the owner and the managing agent of any rental complex. D. Nothing in the article prohibits the city from abating nuisances or otherwise taking action to protect health, safety, and welfare. E. Nothing in the article prohibits the city from otherwise inspecting a rental unit at the request of the owner, managing agent, or occupant. Sec. 6-1070. Appeal. Any action taken by the Community Development Department pursuant to this article may be appealed to the Planning and Zoning Commission by the owner or managing agent in accordance with the following procedure: A. Notice of appeal must be filed with the Community Development Department within ten (10) days of the action being appealed. The notice of appeal shall specify the grounds of the appeal, which shall include specific reference to the Community Development Department’s action or finding(s) alleged to be in error or how the Community Development Department failed to regularly pursue its authority. A notice of appeal shall operate to stay any action by the Community Development Department (except requiring a property to be vacated for the health and safety of the occupant) until the appeal is finally resolved by the issuance of a decision. B. Upon receipt of a notice of appeal, the Community Development Department shall set a public hearing before the Board of Adjustment. C. The Community Development Department shall compile the record and forward it to the Planning and Zoning Commission no later than ten (10) days before the public hearing. D. The record shall be a public document and will consist of the registration, inspection report, and any other documents generated as a result of the inspection. E. It shall require a majority vote of the members of the Planning & Zoning Commission to reverse or modify the decision of the Community Development Department. 11/29/2018 - Legal Committee --40-- City of Roswell, New Mexico Sec. 6-1080. Exemptions. The following rental complexes are exempt from the provisions of this article: A. Exempt from Registration and Inspection. 1. Hotels and motels with thirty (30) or more rooms; 2. Any assisted living facility, nursing home, or other housing facility subject to regular inspections by the state or federal government. B. Exempt from Inspection. 1. A rental complex that has received an inspection by a licensed home inspector within the preceding five (5) years, if a copy of such inspection report is provided to the Community Development Department; 2. A rental complex where the owner resides as his or her primary residence; 3. A rental unit where the occupant is related to the owner. 4. A rental complex constructed within ten years of the date of inspection. 5. At the Community Development Department’s discretion, a rental complex that has secured a building permit for renovations within five (5) years. Sec. 6-1090. Duty to Inform. The owner or managing agent of any rental complex or rental unit that is exempt from registration or inspection pursuant to this article has a duty to report to the Community Development Department within five (5) business days of the removal of the circumstances causing the exemption. Sec. 6-1100. Conflict. Whenever any provision of this article conflicts with the IPMC, the provisions of this article shall control. Sec. 6-1110. Penalty. Any person or party convicted of violating any of the rules, regulations, and/or provisions of this Ordinance shall be punished by a fine not exceeding $500.00 and/or imprisonment in the county jail not exceeding 90 days. Each day that a violation continues shall constitute a separate offense. 11/29/2018 - Legal Committee --41-- City of Roswell, New Mexico Section 3. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 4. EFFECTIVE DATE. This ordinance shall be effective after five (5) days following its publication as required by State law. PASSED, ADOPTED, SIGNED and APPROVED the XXth day of XXXXXXXX, 201X. CITY SEAL Dennis Kintigh, Mayor ATTEST: Sharon Coll, City Clerk 11/29/2018 - Legal Committee --42-- City of Roswell, New Mexico  AGENDA ITEM NO. 5– ABSTRACT LEGAL COMMITTEE MEETING November 29, 2018, at 4:00 p.m. City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RESOLUTION 18-XX – A resolution encouraging the New Mexico State Legislature to amend changes in Chapter 1, Article 22 NMSA 1978, Local Elections Act ACTION REQUESTED: Consider approval of Resolution 18-xx a resolution encouraging the New Mexico State Legislature to amend changes in Chapter 1, Article 22 NMSA 1978, Local Elections Act. BACKGROUND: On July 1, 2018, the Local Election Act went into effect as Chapter 1, Article 22, NMSA 1978 establishing the Municipal Officer Election Day on the first Tuesday in March of even- numbered years. Municipalities that do not choose to opt into their County consolidating and running municipal elections wish to have some different requirements. FINANCIAL CONSIDERATION: None at this time. LEGAL REVIEW: The City Attorney has reviewed Resolution 18-xx. BOARD and The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: November 29, 2018. STAFF Consider approval of Resolution 18-xx a resolution encouraging RECOMMENDATION: the New Mexico State Legislature to amend changes in Chapter 1, Article 22 NMSA 1978, Local Elections Act. 11/29/2018 - Legal Committee --43-- City of Roswell, New Mexico 11/29/2018 - Legal Committee --44-- City of Roswell, New Mexico 11/29/2018 - Legal Committee --45-- City of Roswell, New Mexico 11/29/2018 - Legal Committee --46-- City of Roswell, New Mexico 11/29/2018 - Legal Committee --47-- City of Roswell, New Mexico  AGENDA ITEM NO. 6– ABSTRACT LEGAL COMMITTEE MEETING Thursday, November 29, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RES 18-xx Seeking Donation of Old Hospital Property for economic development ACTION REQUESTED: Consider approval of a resolution of support for requesting the New Mexico legislature transfer 16 acres of State land on RIAC at 31 Gail Harris St. (the old State Rehab Hospital location). BACKGROUND: The City would like the 16 acres of land for the purpose of economic development. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: n/a BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: November 29, 2018. STAFF Consider approval of a resolution of support for requesting the RECOMMENDATION: New Mexico legislature transfer 16 acres of State land on RIAC at 31 Gail Harris St. (the old State Rehab Hospital location). 11/29/2018 - Legal Committee --48-- City of Roswell, New Mexico  RESOLUTION 18-xx A RESOLUTION REQUESTING THE LEGISLATURE TRANSFER 16 ACRES OF STATE LAND ON THE ROSWELL INTERNATIONAL AIR CENTER AT 31 GAIL HARRIS STREET (THE OLD STATE REHABILITATION HOSPITAL) TO THE CITY OF ROSWELL TO USE FOR ECONOMIC DEVELOPMENT PURPOSES. WHEREAS, Walker AFB was closed in June 1967 and most of the property was transferred to the City of Roswell with the exception of the former base hospital and a few other assets, and WHEREAS, The State of New Mexico Department of Health used the old base hospital as a rehabilitation hospital from 1968 – 2011, and WHEREAS, the State of New Mexico Department of Health closed the old hospital in 2011, and WHEREAS, the old hospital was demolished in 2013 after sitting vacant, and WHEREAS, the State of New Mexico General Services Division has not identified use or plans for the property where the old base hospital was located, and NOW, THEREFORE be it resolved by the City Council as the governing body of the City of Roswell, New Mexico: The City of Roswell requests the State of New Mexico transfer the vacant 16 acres of land (more or less) at 31 Gail Harris St. to the City of Roswell to use for economic development purposes. PASSED, ADOPTED, SIGNED and APPROVED this day of 2018. CITY SEAL Dennis J. Kintigh, Mayor ATTEST: Sharon Coll, City Clerk 11/29/2018 - Legal Committee --49-- City of Roswell, New Mexico  AGENDA ITEM NO. 7– ABSTRACT LEGAL COMMITTEE MEETING Thursday, November 29, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RES 18- To Seek Release of the OMA from FAA Financial Contribution Requirements ACTION REQUESTED: Consider approval of a resolution to request that the FAA release the Old Municipal Airport land from financial contribution requirements, in order to promote development of the OMA land for residential and other appropriate purposes. BACKGROUND: Pursuant to Resolution 1292, the City is obligated by the Federal Aviation Administration to devote proceeds from lease or sale of Old Municipal Airport land up to $953,294.00 towards airport maintenance, development, and operation only. The City has met the financial contribution requirements reflected in Resolution 1292 and may apply to FAA to release the OMA lands from those obligations. Release of the OMA lands is intended to facilitate future development for residential and other purposes. This Resolution establishes the intent of the City to seek release of the OMA land from FAA and dictates that all necessary and appropriate action in furtherance of that purpose be undertaken. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: The City Attorney has reviewed the Resolution BOARD and/or The Legal Committee is asked to recommend to the City Council COMMITTEE ACTION: approval of Resolution 18- : A Resolution to Seek Release of the Old Municipal Airport from Federal Aviation Administration Requirements. STAFF Staff recommends approval of the Resolution. RECOMMENDATION: 11/29/2018 - Legal Committee --50-- City of Roswell, New Mexico  RESOLUTION 18- A RESOLUTION TO SEEK RELEASE OF THE OLD MUNICIPAL AIRPORT FROM FEDERAL AVIATION ADMINISTRATION FINANCIAL CONTRIBUTION REQUIREMENTS WHEREAS, pursuant to Resolution 1292, the City Council, acting as the Governing Body of the City of Roswell, New Mexico, entered into an agreement with the United States of America on or about January 30, 1968, whereby the Walker Air Force Base, a military installation of the United States Air Force, was phased-out of use as a military services facility, and transferred to the City of Roswell for use as a municipal airport; and WHEREAS, in connection with the transfer of the Walker Air Force Base, the City of Roswell’s then-existing municipal airport (the “Old Municipal Airport” or “OMA”) was deactivated; and WHEREAS, in order to accomplish the deactivation of the OMA, the United States Government released the City’s obligation to use of the OMA for airport purposes; and WHEREAS, in consideration for the release of the City’s obligation to use of the OMA for airport purposes, the City was required to devote the net proceeds of sale or lease of all or any portion of the OMA land in the minimum amount of $572,893.00 to airport maintenance, development, and operation only, and to further devote 50% of all income derived therefrom over and above $572,893.00, not to exceed $953,294.00, to such purposes; and WHEREAS, the City has met or exceeded the necessary contributions to airport maintenance, development, and operation; and WHEREAS, the City now therefore wishes to seek release of the OMA by the Federal Aviation Administration from its contributions requirements, in order to pursue the further development of the OMA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 1. The City of Roswell hereby intends to seek release of the Old Municipal Airport by the Federal Aviation Administration from the financial contribution requirements reflected in Resolution 1292, in order to facilitate development of the OMA land for residential and other appropriate purposes. 2. The City shall undertake all steps necessary and appropriate to achieve the purposes of this Resolution. PASSED, ADOPTED, SIGNED and APPROVED , . 11/29/2018 - Legal Committee --51-- City of Roswell, New Mexico CITY SEAL Dennis Kintigh, Mayor ATTEST: Sharon Coll, City Clerk 11/29/2018 - Legal Committee --52-- City of Roswell, New Mexico