Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, February 27, 2020 4:00 PM 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 January 23, 2020. (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 5). a. Jon E. Hitchcock, Robert B. Corn, James Patterson (Page 9). b. Zachary Canright and Jared Putman (Page 11). c. Thurston Woods (Page 13). d. Tom Wadsworth (Page 15). e. Tom Wadsworth and Carlton Walker (Page 16). 2. Proposed Ordinance 20-XX: Home Occupations - Discuss and consider recommending approval to advertise and hold a public hearing on Proposed Ordinance 20-XX to modify Articles 52 (Building & Performance Standards) and Article 62 (Home Occupations). (Page 18). 3. Professional Service Agreement for development of TIDD/PIDD - Professional Service contract with the legal firm of Sherman & Howard for the preparation of Tax Increment Development Districts (TIDD) and Public Improvement Districts (PID). (Page 28). 4. Proposed Ord. 20-xx Comm’n on Accessibility and ADA - Consider recommending to City Council to authorize advertisement for a public hearing on proposed Ordinance 20-xx relating to the Commission on Accessibility and ADA. (Page 46). 5. Lodgers’ Tax Ordinance Update Discussion (Page 49). 6. Air Center Master Fee Schedule Resolution - Discuss new resolution regarding master fee schedule at the Air Center. (Page 50). 7. Update to City Code Chapter 5 Aviation (Page 55). (continued on following page) 2/27/2020 - Legal Committee --1-- City of Roswell, New Mexico  8. Department Reports – Air Center, City Clerk, Human Resources, Legal, (Municipal Court), Planning and Zoning, Safety (Page 56). 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 19- 37. 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 21, 2020 2/27/2020 - Legal Committee --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Conference Room at City Hall January 23, 2020 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 19-37. ROLL CALL The meeting convened at 4:00 P.M. with Chair Stubbs presiding, Councilors Sanchez, and Peterson present, Councilor Foster being absent. Staff present: Mark Bleth, Bill Morris, Aaron Holloman, Parker Patterson, Mike Mathews, Renee Trujillo and Chanel Rey. Guest present: Councilor Kennard. APPROVAL OF AGENDA Councilor Sanchez moved to approve the January 23, 2020 Legal Committee meeting agenda as presented. Councilor Peterson was the second. A voice vote was 3-0, and motion passed, with Councilor Foster being absent. APPROVAL OF MINUTES Councilor Sanchez moved to approve the December 3, 2019, Legal Committee minutes. Councilor Peterson was the second. A voice vote was 3-0, and motion passed, with Councilor Foster being absent. REGULAR ITEMS 1. ROW Lease Agreements: (A) Eastern New Mexico University – Roswell, leases part of old runway 17/35 at the old Roswell Municipal Airport for the purpose of CDL training. New rent amount is $130 monthly; $1,560 annually. Rent adjustment is 3%. Eastern New Mexico University – Roswell has been a customer since February 2012. New rent amount is $130 monthly; $1,560 annually. Rent adjustment is 3%. Term: March 1, 2020 through February 28, 202. Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease Councilor Peterson was the second. A voice vote was 3-0 and the motion passed, with Councilor Foster being absent. (B) Kerry Hunter leases the building for the purpose of vehicle storage and maintenance. 4,736 square feet. New rent amount is $580 monthly; $6,960 annually. Rent adjustment is 15%. Kerry Hunter has been a customer since March 1993. New rent amount is $580 monthly; $6,960 annually. Rent adjustment is 15%. Term: March 1, 2020 through February 28, 2021. Councilor Peterson moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Sanchez was the second. A voice vote was 3- 0 and the motion passed, with Councilor Foster being absent. 2/27/2020 - Legal Committee --3-- City of Roswell, New Mexico  (C) Don and Angel Mayes, and Richard Glenn, leases the building for the purpose of aircraft storage and maintenance. 1,002 square feet. New rent amount is $191 monthly; $2,292 annually. Rent adjustment is 3%. Don and Angel Mayes, and Richard Glenn have been customers since February 2010. New rent amount is $191 monthly; $2,292 annually. Rent adjustment is 3%. Term: March 1, 2020 through February 28, 2021. Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote was 3-0 and the motion passed, with Councilor Foster being absent. 2. Proposed Ordinance 20-XX Amending Articles 52 (Building & Performance Standards) and Article 62) Home Occupations - After a brief discussion no action was taken, postponed another month. 3. Meeting Times and Dates for 2020 – The current regular meeting time is the fourth Thursday of each month at 4:00 PM. With the exception of November and December 2020. Those dates are Thursday, November 19, 2020 and Thursday, November 17, 2020. Councilor Peterson made the motion to approve the meeting times and dates for 2020 as presented. Councilor Sanchez was the second. A voice vote was 3-0 and the motion passed, with Councilor Foster being absent. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 4:56 pm. 2/27/2020 - Legal Committee --4-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, January 23, 2020 4:00 pm City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) Jon E. Hitchcock, Robert B. Corn, James Patterson (B) Zachary Canright and Jared Putman (C) Thurston Woods (D) Tom Wadsworth (E) Tom Wadsworth and Carlton Walkers ACTION REQUESTED: (A) Consider approval to authorize Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Cliff Waide, individuals, to renew their current lease agreement on Hangar No. 91, Spaces A and B. BACKGROUND: (A) Initiated by: Scott Stark/Mark Bleth Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Cliff Waide leases the hangars for the purpose of aircraft storage and maintenance. , 91A is 4,589 square feet with an approximately 750 square feet addition, and 91B is 4,623 square feet. New rent amount respectively is $860 and $850 monthly; $ 10,320 and $10,200 annually. Rent adjustment is 5% and 3%, respectively. Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Cliff Waide have been customers since January 2000. FINANCIAL CONSIDERATION: (A) Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Cliff Waide, new rent amount respectively is $860 and $850 monthly; $ 10,320 and $10,200 annually. Rent adjustment is 5% and 3%, respectively. Term: April 1, 2020 through March 31, 2021 LEGAL REVIEW: The City Attorney have reviewed the lease. 2/27/2020 - Legal Committee --5-- City of Roswell, New Mexico  Contracts and Agreements, including amendments, generally require Council approval before adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: February 27, 2020. STAFF (A) Recommend to full Council approval to authorize Jon E. RECOMMENDATION: Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Cliff Waide, individuals, to renew their current lease agreement on Hangar No. 91, Spaces A and B ACTION REQUESTED: (B) Consider approval to authorize Zachary Canright and Jared Putman, individuals, to lease “T” Hangar No. 120, Space 3. BACKGROUND: (B) Zachary Canright and Jared Putman, lease the hangar for the purpose of aircraft storage and maintenance. 1,002 square feet. Rent amount is $191 monthly; $2,292 annually. FINANCIAL CONSIDERATION: (B) Zachary Canright and Jared Putman rent amount respectively is $191, monthly; $ 2,292 annually. Term: April 1, 2020 through March 31, 2021. LEGAL REVIEW: The City Attorney have reviewed the lease. Contracts and Agreements, including amendments, generally require Council approval before adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: February 27, 2020. STAFF (B) Recommend to full Council approval to authorize Zachary RECOMMENDATION: Canright and Jared Putman, individuals, to lease “T” Hangar No. 120, Space 3. ACTION REQUESTED: (C) Consider approval to authorize Thurston Woods, an individual, to renew his current lease agreement on a portion of Building No. 1776. BACKGROUND: (C) Thurston Woods, leases a portion of the building for the purpose of storage. 1798 square feet. New rent amount is $210 monthly; $2,520 annually. Rent adjustment is 15%. Thurston Woods has been a customer since April 2010. 2/27/2020 - Legal Committee --6-- City of Roswell, New Mexico FINANCIAL CONSIDERATION: Thurston Woods, new rent amount is $210 monthly; $2,520 annually. Rent adjustment is 15%. Term: April 1, 2020 through March 31, 2021. LEGAL REVIEW: The City Attorney have reviewed the lease. Contracts and Agreements, including amendments, generally require Council approval before adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: February 27, 2020. STAFF (C) Recommend to full Council approval to authorize Thurston RECOMMENDATION: Woods, an individual, to renew his current lease agreement on a portion of Building 1776. ACTION REQUESTED: (D) Consider approval to authorize Tom Wadsworth and Carlton Walkers, individuals, to lease “T” Hangar No. 119, Space 2. BACKGROUND: (D) Tom Wadsworth, leases the hangar for the purpose of aircraft storage and maintenance. Tom will be dropping this hangar from a lease in his name, to a new lease in both his name and Carlton Walker. Tom Wadsworth has been a customer since November 1992. FINANCIAL CONSIDERATION: Thurston Woods, new rent amount is $210 monthly; $2,520 annually. Rent adjustment is 15%. Term: April 1, 2020 through March 31, 2021. LEGAL REVIEW: The City Attorney have reviewed the lease. Contracts and Agreements, including amendments, generally require Council approval before adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: February 27, 2020. STAFF (D) Recommend to full Council approval to authorize Thurston RECOMMENDATION: Woods, an individual, to renew his current lease agreement on a portion of Building 1776. 2/27/2020 - Legal Committee --7-- City of Roswell, New Mexico ACTION REQUESTED: (E) Consider approval to authorize Tom Wadsworth and Carlton Walkers, individuals, to lease “T” Hangar No. 119, Space 2. BACKGROUND: (E) Tom Wadsworth and Carlton Walker, lease the hangar for the purpose of aircraft storage and maintenance. 1,002 square feet. Rent amount is $187.58 monthly; $2,250.96 annually. FINANCIAL CONSIDERATION: (E) Tom Wadsworth and Carlton Walker rent amount respectively is $187.58, monthly; $ 2,250.96, annually. Term: April 1, 2020 through March 31, 2021. LEGAL REVIEW: The City Attorney have reviewed the lease. Contracts and Agreements, including amendments, generally require Council approval before adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: February 27, 2020. STAFF (E) Recommend to full Council approval to authorize Tom RECOMMENDATION: Wadsworth and Carlton Walkers, individuals, to lease “T” Hangar No. 119, Space 2. 2/27/2020 - Legal Committee --8-- City of Roswell, New Mexico  LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 12th day of March, 2020 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and JON E. HITCHCOCK, ROBERT B. CORN, JAMES PATTERSON, SIAVASH KARIMIAN, BRANDON ARNOLD, JOHN BERRY, CLIFF WAIDE individuals, 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: Portions of Hangar 91 referred to as 91A consisting of 4,589 square feet, more or less with an addition of 750 square feet, more or less and 91B consisting of 4,623 square feet, more or less, and joint use of the common area, located at the Roswell 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, 2020 and ending March 31, 2021 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Ten Thousand, Three Hundred Twenty Dollars and No Cents ($10,320.00), payable in 12 monthly installments of $860.00 for space 91A. Tenant agrees to pay to Landlord as rent the sum of Ten Thousand, Two Hundred Dollars and No Cents ($10,200.00), payable in 12 monthly installments of $850.00 for space 91B. 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 $1327.00 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 accommodations) Page 1 of 11 HITCHCOCK Lease April ’20 Tenant Initials________ 2/27/2020 - Legal Committee --9-- City of Roswell, New Mexico  EXHIBIT “A” Page 11 of 11 HITCHCOCK Lease April ’20 Tenant Initials________ 2/27/2020 - Legal Committee --10-- City of Roswell, New Mexico  LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 12th day of March 2020 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 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, 2020 and ending March 31, 2021 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Two Hundred Ninety Two Dollars and No Cents ($2,292.00), payable in 12 monthly installments of $191.00. 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 Page 1 of 11 CANRIGHT Lease April ’20 Tenant’s Initials________ 2/27/2020 - Legal Committee --11-- City of Roswell, New Mexico  Page 11 of 11 CANRIGHT Lease April ’20 Tenant’s Initials________ 2/27/2020 - Legal Committee --12-- City of Roswell, New Mexico  LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 12th day of March 2020 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 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, 2020 and ending March 31, 2021 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Five Hundred Eighty Twenty Dollars and No Cents ($2,520.00), payable in 12 monthly installments of $210.00. 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 Page 1 of 10 WOODS Lease March ’20 Tenant’s Initials________ 2/27/2020 - Legal Committee --13-- City of Roswell, New Mexico  Page 10 of 10 WOODS Lease March ’20 Tenant’s Initials________ 2/27/2020 - Legal Committee --14-- City of Roswell, New Mexico  FIRST ADDENDUM TO LEASE AGREEMENT THE CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter "Landlord" and TOM WADSWORTH, an individual, hereinafter "Tenant" hereby agree to the following amendment to that certain Lease Agreement dated November 14, 2019. Effective with Council approval March 12, 2020: 1. Granting Clause and Premises to change to: “T” Hangar Building No. 119, space 3 and 4 consisting of 1,175 and 1,002 square feet respectively, more or less, located at the Roswell Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit “A” (Premises). 2. Rent is changed to: Effective April 1st, the rent for the balance of the term will be Three Thousand Ninety Nine and Sixty Eight cents ($3,099.68), payable in the remaining 8 monthly installments of $387.46 ($199.88-199-3, and $187.58-119-4). Except as amended herein, the original Lease shall continue without change, and in full force and effect as originally executed. IN WITNESS WHEREOF, this FIRST Addendum to Lease Agreement is done and executed in Roswell, New Mexico this day of ___________ 2020. CITY SEAL LANDLORD: CITY OF ROSWELL, NEW MEXICO ______________________ Dennis J. Kintigh, Mayor ______________________ Sharon Coll City Clerk TENANT: TOM WADSWORTH ______________________ Tom Wadsworth 2/27/2020 - Legal Committee --15-- City of Roswell, New Mexico  LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 12th day of March, 2020 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and TOM WADSWORTH and CARLTON WALKER, 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 Building No. 119, space 2 consisting of 1,002 more or less, located at the Roswell 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, 2020 and ending March 31, 2021 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Two Hundred Fifty Dollars and Ninety Six Cents ($2,250.96), payable in 12 monthly installments of $187.58. 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 $277.00 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. Tenant agrees Page 1 of 11 WADSWORTH_WALKER Lease APR ’20 Tenants Initials______ 2/27/2020 - Legal Committee --16-- City of Roswell, New Mexico  EXHIBIT “A” Page 11 of 11 WADSWORTH_WALKER Lease APR ’20 Tenants Initials______ 2/27/2020 - Legal Committee --17-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 27, 2020 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Proposed Ordinance 20-XX: Amending Articles 52 (Building & Performance Standards) and Article 62 (Home Occupations) ACTION REQUESTED: Discuss and consider recommending approval to advertise and hold a public hearing on Proposed Ordinance 20-XX to modify Articles 52 (Building & Performance Standards) and Article 62 (Home Occupations). BACKGROUND: Initiated by: Bill Morris Staff created these amendment as a result of a number of situations concerning setback issues in older platted subdivisions, as well as issues with home occupation permits. Home occupations, particularly with construction companies, have become a problem by degrading quality of life for adjacent properties. The intent is to look at limiting placement of certain types and numbers of larger vehicles. This item was considered at the January 17, 2020 meeting and staff was asked to make minor changes, which have now been made. FINANCIAL There are no additional costs associated with this request. CONSIDERATION: LEGAL REVIEW: The proposed ordinance has been submitted to the Legal Office for Review. Amendments to the City’s Zoning Code are first reviewed by the Planning & Zoning Commission, then Legal Committee, and, finally, City Council. As an Ordinance, Council must hold a public hearing after having provided public notice of the hearing. The Ordinance would become effective five days after publication of its adoption. BOARD and/or The Legal Committee previously considered this item at its January COMMITTEE ACTION: 17, 2020 meeting and is scheduled to meet on Thursday, February 27, 2020. STAFF Discuss and consider recommending approval to advertise and hold RECOMMENDATION: a public hearing on Proposed Ordinance 20-XX to modify Articles 52 (Building & Performance Standards) and Article 62 (Home Occupations). 2/27/2020 - Legal Committee --18-- City of Roswell, New Mexico  PROPOSED ORDINANCE NO. 20-XX AN ORDINANCE OF THE CITY OF ROSWELL REVISING ARTICLES 52 (BUILDING & PERFORMANCE STANDARDS) AND 62 (HOME OCCUPATIONS) OF THE ZONING CODE, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Roswell, New Mexico has regulations concerning the development of properties; and, WHEREAS, the City of Roswell City Council has determined that new regulations are appropriate to address existing conditions in the City’s neighborhoods and home occupation regulations. NOW THEREFORE, be it ordained by the governing body of City of Roswell, State of New Mexico: Underlined = Added Text Strike-out = Deleted Text Underlined & Bold = Text Added at Planning & Zoning Commission Section 1. Modification of Article 52 (Building and Performance Standards) ARTICLE 52: BUILDING AND PERFORMANCE STANDARDS (Sections 1-3 Omitted for Brevity) Section 4. Accessory Uses A. For residential zoned districts, 3 2 sets of plans containing a site plan with overhead and underground utilities noted and structure design shall be required for all accessory structures. All construction shall comply with the latest City approved and accepted New Mexico Building Code, International Building Code, International Fire Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code. Accessory structures uses shall also meet the following requirements: 1. An accessory building shall be compatible with the principal building that it serves and shall not be constructed prior to the construction of the principal building, except when used for agricultural purposes in the R-S district. 2. Location of an accessory structure shall meet the following requirements: a. Shall not be within the front yard setback established and permitted for a lot in that zoning district. b. Shall be a minimum of 5’ from all shared property lines. A shared property line is a side or rear property line abutting a neighboring property with no alley or easement in between. 2/27/2020 - Legal Committee --19-- City of Roswell, New Mexico  c. Shall be a minimum of 15’ 10’ or at the discretion of Community Development Department Planning & Zoning staff and the City Engineer to ensure clear sight triangle from the street side yard property line for corner lots. d. Shall be a minimum of 10’ from the principal building and/or any other structure on that lot. with the exception of carports and pergolas which may be attached or unattached with no specified distance between carport or pergola and principle structure. e. Structures must be an additional 1’ from side and rear property lines for every 1’ in height over 12’ while meeting all other applicable setback requirements. f. Structures 120 200 square feet or less not requiring a building permit shall require a placement permit to ensure adequate setbacks are met. 3. Accessory structures shall not occupy more than 40% of the required Rear Yard Ordinance 19-02 75 Amended March 14, 2019 setback area, nor have more floor area than the principal structure it serves, nor exceed the height of the principal building it serves. 4. All runoff or drainage from an accessory structure shall remain on the lot that it serves and shall not encroach on an abutting lot or alley. 5. Tanks used for storage of fuel used for heating shall be located in the rear yard or side yard and shall not be closer than 10 feet to the principle building or structure that it serves, or any other structure, and 5 10’ feet from the interior side property line and 30’ from street side yard setback on corner lots. 6. In-ground swimming pools and ponds shall be a minimum of 40 feet from the front property line, 5 foot from interior and rear property lines, 15 feet from street side property lines, and 10 feet from any other structure on the lot except with a joint administrative adjustment granted by the Community Development Department Building Official and Planning & Zoning Staff. Construction shall comply with the latest approved International Building Code standards per the City. B. For commercial and industrial zoned districts, 3 sets of plans containing a site plan with overhead and underground utilities noted and structure design shall be required for all accessory structures. All construction shall comply with the latest City approved and accepted New Mexico Building Code, International Building Code, International Fire Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code. Accessory structures uses shall also meet the following requirements: 1. An accessory building shall be compatible with the principal building that it serves, shall not occupy any required parking space or area as determine by Planning and Zoning Staff, and shall not be constructed prior to the construction of the principal building. 2/27/2020 - Legal Committee --20-- City of Roswell, New Mexico  2. Location of an accessory structure shall meet the following requirements: a. Shall not be within the front yard setback established and permitted for a lot in that zoning district. b. Shall be a minimum of 5’ from all shared property lines. A shared property line is a side or rear property line abutting a neighboring property with no alley or easement in between. c. Shall be a minimum of 30’ or at a distance at the discretion of Planning & Zoning staff and the City Engineer to ensure clear sight triangle and other considerations from the street side yard property line for corner lots. d. Shall be a minimum of 10’ from the principal building with the exception of carports and pergolas which may be attached or unattached with no specified distance between carport or pergola and principle structure. e. Structures 120 square feet or less not requiring a building permit shall require a placement permit to ensure adequate setbacks are met. 3. Accessory structures shall not occupy more than 40% of the required Rear Yard Ordinance 19-02 75 Amended March 14, 2019 setback area, nor have more floor area than the principal structure it serves, nor exceed the height of the principal building it serves. 4. All runoff or drainage from an accessory structure shall remain on the lot that it serves and shall not encroach on an abutting lot or alley. 5. Tanks used for storage of fuel used for heating shall be located in the rear yard or side yard and shall not be closer than 10 feet to the principle building or structure that it serves, or any other structure, and 10’ from interior side property line and 30’ from street side yard setback on corner lots. 6. In-ground swimming pools and ponds shall be a minimum of 40 feet from the front property line, 5 foot from interior and rear property lines, 15 feet from street side property lines, and 10 feet from any other structure on the lot except with a joint administrative adjustment granted by the Building Official and Planning & Zoning Staff. Construction shall comply with the latest approved International Building Code standards per the City. Section 5. Exceptions to Required Yards A required yard space shall remain open and unobstructed, except as follows: A. Eaves, overhangs, ornamental features, and other common projections normally associated with residential dwellings may project no more than 18 inches into required yard spaces. B. Open stairways, balconies, and chimneys may project no more than 5 feet into required front or rear yard. 2/27/2020 - Legal Committee --21-- City of Roswell, New Mexico  C. A non-enclosed porch, carport, or terrace shall not project more than 5 feet into the required front yard spaces. D. A non-enclosed porch or patio cover shall not project more than 10 feet into the required rear yard spaces. E. Where a lot is adjacent to a lot with a principal building that projects into the required front yard setback and if both lots are in the same block on the same side of the street, then the required front yard setback of the lot may be that as established by the adjacent principal building setback. F. The required side yard setback on a corner lot may be that as established by the existing or adjacent principal building setback providing that clear sight triangles are met. Section 2. Modification of Article 62 (Home Occupations) ARTICLE 62: HOME OCCUPATIONS Section 1. Purpose The standards and regulations of this Article are designed to protect and maintain the character of residential areas while recognizing that certain professional and trade activities may, on a limited scale, with no physical outside evidence of a business use, be acceptable accessory uses in residential dwellings. These activities are subordinate to the right of surrounding residents to enjoy the use of their property for residential purposes. Section 2. Permits and Restrictions A. All Home Occupations shall require an approved Business License from the City of Roswell Business Licensing clerk. B. Minor Home Occupations are permitted in all residential zoning districts, except for including the MHC and RVP Districts with written consent from the property owner/management and approval from the Planning and Zoning Staff. C. Major Home Occupations are permitted in all residential zoning districts, excepting the MHC and RVP Districts. Major Home Occupations shall require a Conditional Use Permit approved by the Planning and Zoning Commission at a Public Hearing prior to the issuance of a Business License. Conditional Use Permits are bonded to the applicant at the residential lot stated on the application and are non-transferable. D. The applicant for the Home Occupation shall live on the premises and shall either be the owner of the residence, have some controlling interest in the property, or have the notarized, written consent or signature of the property owner, which allows the Home Occupation to be conducted on the 2/27/2020 - Legal Committee --22-- City of Roswell, New Mexico  premises. E. Home Occupations may only be conducted after approval from either Staff or the Planning and Zoning Commission. Approval for Home Occupations may only be granted if the following has been met: 1. Home Occupation application conforms to the provisions of this Ordinance. 2. Conditional Use Permit application conforms to the provisions of this Ordinance. 3. Home Occupation will not alter the residential nature of the home or neighborhood. F. One (1) Home Occupation License per residential dwelling unit and/or tract of land. GF. Violations. If it is determined by inspection or public complaint that the operation of a Home Occupation is in violation of any provision of this article or the Conditional Use Permit, action shall be taken to revoke the Business License through City Council procedures or denied renewal with written notice by Community Development Staff. Violators shall also be subject to legal sanctions. Section 3. General Guidelines for Minor and Major Home Occupations A. A Home Occupation shall not increase the volumes of traffic and/or parking for those normally expected in a residential neighborhood. Deliveries to and from the Home Occupation shall not require the use of vehicles other than standard USPS, Fed-Ex, U.P.S., or similar vehicles. Deliveries by semi- tractor-trailer rigs are not permitted, nor shall the Home Occupation operator make use of these vehicles at the residence for any reason. B. No outdoor storage or display of goods/equipment of any kind. C. No sale or accumulation of salvage or recyclable goods. D. No flammable/explosive/hazardous products and/or materials deemed inappropriate for a residential use by City, State, or other governmental departments shall be permitted. E. No activity shall be allowed which interferes with wireless telecommunications transmissions or reception in the area or creates any offensive noise, vibration, smoke, dust, odor, heat, or glare. F. The sale of products and/or merchandise shall be limited to items normally found in a residential dwelling as permitted in Section 5 and 6 below. 2/27/2020 - Legal Committee --23-- City of Roswell, New Mexico  G. No external evidence of an activity that creates a public nuisance shall be permitted. H. No oversized vehicles or construction/heavy equipment shall be stored or used on the property or in the easements, alley, or right-of-way adjacent to or near the home except those normally used in residential homes. I. No mobile or temporary food establishments such as, but not limited to; push carts, ice cream trucks, and other similar uses. J. No signs or other indications of a Home Occupation shall be permitted on the premises. K. Clients or students shall be permitted on the premises only between the hours of 8 7 a.m. and 8 p.m. L. Storage of items shall be totally enclosed. within the floor area allowed for a Home Occupation. A site plan must be approved by Staff prior to the issuance of a Business License. L M. Home Occupations are subject to inspection, with reasonable notification, twice per year by Staff. M N. Only two regular size work-related vehicles/trailers are allowed to be parked on site in the driveway along with personal vehicles belonging to residents of the property, and shall not block sidewalks. N O. Additional standard size work-related vehicles/trailers parked on site are required to have street access to the site, must be parked in a rear or side yard with solid fencing, are prohibited from alley access, and shall not be parked in the street, easements, alley, or right-of-way. Section 4. Prohibited Home Occupations. The following uses, by nature of the investments or operations involved, have a pronounced tendency once started, to rapidly increase beyond the limits intended for Home Occupations, and thereby impair the use and value of a residential zoning district. Therefore, the uses specified below shall not be permitted as either Minor or Major Home Occupations: 1. Antique, furniture, or gift shops. 2. Beauty, barber, body piercing, or tattoo shops (with the exception of mobile beauty or barber business serving only off-site customers). 3. On-site small engine repair shops. 4. Welding (Non-incidental to the Home Occupation). 5. Pet shops, veterinarian hospitals, or kennels (excepting breeder’s permits 2/27/2020 - Legal Committee --24-- City of Roswell, New Mexico  as defined in Chapter 4, Article 3 of City Code). 6. Funeral-homes, mortuaries, crematories, and other related services. 7. Restaurants, bars, lounges, or similar types of businesses. 8. Merchandise/equipment rental businesses. 9. Taxi-cab company. service and/or vehicles for hire. 10. Tow truck service or storage of towed vehicles. 11. Trucking company involving parking/storage of oversized trucks, vehicles, and trailers. 11 12. Construction contractor involving parking/storage of special purpose vehicles, heavy/construction equipment, and oversized vehicles and trailers. 12 13. Auto; boat or motor vehicle repair, including but not limited to, body/frame repair, painting or sanding, rebuilding/reconditioning engines, trailers, vehicle steam cleaning or undercoating. 13 14. The sale of fuel, oil, or other products for propulsion or lubrication of motor vehicles. 14 15. Workshops for heavy carpentry, household furniture, or cabinet making. 15 16. Furniture refinishing and/or painting. 16 17. Sale of firearms or ammunitions of any kind. 17 18. Any use listed as a Commercial or Industrial permitted use. 18 19. Any other uses similar and comparable to the examples listed above that do not meet the intent and purpose of this Article and that are in any way detrimental to the character and nature of a residential zoning district. Section 5. Standards and Regulations for Minor Home Occupations A. Minor Home Occupations shall be conducted entirely within the principal dwelling. Exceptions may be approved by Staff for outside activities which create no public nuisance. B. Only persons residing on the premises shall be allowed to conduct business activity on-site of be employed in any Minor Home Occupation. C. No more than 25% of the floor area of the home shall be devoted to the Minor Home Occupation. D. Professional Offices shall not be open to the general public. All meetings with clients shall be by appointment only. Only one client shall be allowed on the premises at any given time for a maximum of 6 clients per day. F. Family Child Care Homes for children shall be limited to 6 children per day. G. Family Adult Care Homes for adults are limited to 4 adults per day. H. Instruction of students in music, arts, crafts, dance, and tutoring shall be limited to 3 pupils at a time for maximum of 6 per day. 2/27/2020 - Legal Committee --25-- City of Roswell, New Mexico  I. Medical offices are permitted for personal use scheduling and paperwork but neither for the practice of the profession nor for consultation with clients except in the case of an emergency. J. Small home crafts, workshops or studios for an artist, photographer, writer, composer, dressmaker, tailor, typist, or computer programmer (some light carpentry or light welding incidental to the craft or art is acceptable). Such home workshops or studios shall not be open to the general public. Meetings with a client shall be by appointment only and only one client shall be allowed on the premises at any given time for a maximum of 6 per day. K. On-site and Mmobile repair service conducted at the client's site (small appliance, computer, and electronics). No exception for outside activity or storage is permitted. L. Small engine repair as a mobile service conducted at the customer’s site only. No on-site repair, outside activity or storage is permitted. L M. Contractors, maintenance businesses (i.e., mobile washes, landscapers), trucking companies, mobile mechanics and similar occupations may request a license for a home occupation for the purpose of scheduling, bookkeeping and clerical activities only by immediate family members who reside on the property with strict compliance. N. Contractors with a vehicle for hire may request a license for a home occupation with the provision that not more than 2 personal vehicles, mini- vans, 15-passenger vans, and limousines be permitted for business purposes and only driven by residents residing on the property. Vehicles shall be parked on the property with direct access entry to a street, shall be parked on an off-street paved surface on the property, and shall not overhang the sidewalk or be parked in the right-of-way, easement, or alley. Oversized vehicles shall not be permitted. L O. Other uses that meet the intent and purpose of this section as determined by Planning and Zoning Staff. Section 6. Standards and Regulations for Major Home Occupations A. The business shall be conducted entirely within enclosed structures with the exception of child care outdoor play areas. Exceptions may be granted by the Planning and Zoning Commission for outside activities that do not create a public nuisance. B. No more than one employee, plus the inhabitants of the residence shall be on the premises at one time to conduct the Major Home Occupation. C. No more than 25% of all structures shall be devoted to the major home occupation and storage shall not exceed 10% of the total floor area and be wholly enclosed inside a structure. Accessory building(s) may be used for a Major Home Occupation if approved by the Planning and Zoning 2/27/2020 - Legal Committee --26-- City of Roswell, New Mexico  Commission. D. Instruction of students shall be limited to 6 pupils at a time for a maximum of 12 per day, or as determined by the Planning and Zoning Commission. E. Group Day Care Homes for Children shall be limited to more than 6 but less than and up to 12 children, as determined by the State. The Planning and Zoning Commission shall determine allowable business hours based on the nature of the business. F Group Day Care Homes for Adults are limited to more than 4 but less than and up to 6 adults, as determined by the State. The Planning and Zoning Commission shall determine allowable business hours based on the nature of the business. G. Small appliance, computer, and small electronic repair. No exception for vehicle repair, outside activity or storage is permitted. H. Small engine repair as a mobile service, conducted at the customer’s site. No outside activity or storage is permitted. I G. Other uses that meet the intent and purpose of this section. Section 2. 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 3. 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 12th day of March, 2020. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: _____________________________ Sharon Coll, City Clerk 2/27/2020 - Legal Committee --27-- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 27, 2020 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Professional Service Agreement for development of TIDD/PIDD ACTION REQUESTED: Professional Service contract with the legal firm of Sherman & Howard for the preparation of Tax Increment Development Districts (TIDD) and Public Improvement Districts (PID). BACKGROUND: Initiated by: Bill Morris Sherman and Howard have already entered into an agreement with Bernalillo County for the process of developing and implementing TIDDs and PIDS in that County. The primary use of these economic development tools is to allow for self-financing of infrastructure placement for specific geographic areas, specifically the Old Municipal Airport and the Railroad District Metropolitan Redevelopment Area (MRA). This professional service will allow the City to proceed with the drawing up the TIDD and PID documents. Note: for space concerns relevant portions of the applicable agreement are included; for the full agreement staff will be happy to provide upon request. FINANCIAL Costs for future actions is included in the attached contract with CONSIDERATION: Bernalillo Country. LEGAL REVIEW: The City Attorney has reviewed the agreement. BOARD and/or The Legal Committee is scheduled to meet on Thursday, February COMMITTEE ACTION: 27, 2020. STAFF Professional Service contract with the legal firm of Sherman & RECOMMENDATION: Howard for the preparation of Tax Increment Development Districts (TIDD) and Public Improvement Districts (PID). 2/27/2020 - Legal Committee --28-- City of Roswell, New Mexico  17t h 2/27/2020 - Legal Committee --29-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --30-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --31-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --32-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --33-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --34-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --35-- City of Roswell, New Mexico  12/17/1 9 02-135812-00 -5 84-042031 4 2/27/2020 - Legal Committee --36-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --37-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --38-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --39-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --40-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --41-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --42-- City of Roswell, New Mexico 2/27/2020 - Legal Committee --43-- City of Roswell, New Mexico  EXHIBIT C 2/27/2020 - Legal Committee --44-- City of Roswell, New Mexico  EXHIBIT C 500 Marquette Avenue NW, Suite 1203, Albuquerque, New Mexico 87102 Telephone: 505.814.6958 www.shermanhoward.com Jill K. Sweeney Sherman & Howard L.L.C. Direct Dial Number: 505.814.6958 E-mail: jsweeney@shermanhoward.com November 22, 2019 Steven Baca Purchasing Administrator Procurement & Business Services One Civic Plaza NW, 10th Floor Albuquerque, NM 87102 Re: Negotiation of Bond Counsel Services Contract (RFP # 07-20-SB) Dear Mr. Baca: Contract negotiations relating to the Bond Counsel Services Contract by and between Bernalillo County, New Mexico and Sherman & Howard L.L.C. took place on November 19, 2019. During the negotiations, the parties agreed that the bond counsel will meet with the DCM of Finance and the DCM of Economic Development on a regular basis. The meetings will facilitate communication regarding ongoing projects and open items and insure that the DCMs are fully aware of all ongoing work undertaken by bond counsel prior to invoicing. Please let us know if you have further questions or need additional clarification. Very truly yours, Jill K. Sweeney Active/50659454.2 2/27/2020 - Legal Committee --45-- City of Roswell, New Mexico  AGENDA ITEM NO. 4– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 27, 2020 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Proposed Ord. 20-xx amending Roswell City Code to abolish the Commission on Accessibility and ADA ACTION REQUESTED: Consider recommending to City Council to authorize advertisement for a public hearing on proposed Ordinance 20-xx relating to the Commission on Accessibility and ADA. BACKGROUND: Initiated by: Mayor The Commission on Accessibility and ADA was created in 1997. Since that time the Commission has not been holding meetings; staff was unable to locate information as to when last meeting was held indicating that it has been several years. In 2016 the City Council removed from City Code two other practically defunct commissions: the Community Improvement Commission and the Commission on Behavioral Health. FINANCIAL There is no financial impact. CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the proposed ordinance. As an Ordinance, Council must hold a public hearing after having provided public notice of the hearing. The Ordinance would become effective five days after publication of its adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, February COMMITTEE ACTION: 27, 2020. STAFF Consider recommending to City Council to authorize advertisement RECOMMENDATION: for a public hearing on proposed Ordinance 20-xx relating to the Commission on Accessibility and ADA. 2/27/2020 - Legal Committee --46-- City of Roswell, New Mexico  1 PROPOSED ORDINANCE 20-xx 2 3 AN ORDINANCE OF THE CITY OF ROSWELL ABOLISHING THE COMMISSION 4 ON ACCESSIBILITY AND ADA BY REPEALING SECTIONS 14-16 TO 14-25 OF 5 THE ROSWELL CITY CODE. 6 7 WHEREAS, the Commission on Accessibility and ADA has been inactive for a number of 8 years; and 9 10 WHEREAS, given its inactive status there has been a lack of interest in residents seeking 11 appointment to the Commission on Accessibility and ADA; and 12 13 WHEREAS, the issues concerning the Commission on Accessibility and ADA are largely 14 addressed by various City departments and staff, so that the elimination of the Commission will not 15 adversely affect the City on matters relating to accessibility for all citizens. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 18 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 19 20 SECTION 1. The title of Article III of Chapter 14 of the Roswell City Code is hereby amended to 21 read as follows: 22 23 ARTICLE III. Reserved. 24 25 SECTION 2. Section 14-16 of the Roswell City Code is repealed in its entirety. 26 27 SECTION 3. Section 14-17 of the Roswell City Code is repealed in its entirety. 28 29 SECTION 4. Section 14-18 of the Roswell City Code is repealed in its entirety. 30 31 SECTION 5. Section 14-19 of the Roswell City Code is repealed in its entirety. 32 33 SECTION 6. Section 14-20 of the Roswell City Code is repealed in its entirety. 34 35 SECTION 7. Section 14-21 of the Roswell City Code is repealed in its entirety. 36 37 SECTION 8. Sections 14-22 to -25 of the Roswell City Code are repealed in its entirety. 38 39 SECTION 9. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 40 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 41 ordinance or part of any ordinance heretofore repealed. 42 43 SECTION 10. If any section, paragraph, clause or provisions of this ordinance for any reason shall 44 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 45 clause or provision shall not affect any other part of this ordinance. 2/27/2020 - Legal Committee --47-- City of Roswell, New Mexico  1 2 SECTION 11. This ordinance shall be effective after five (5) days following its publication as 3 required by law. 4 5 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 6 7 CITY SEAL 8 9 10 _____________________________ 11 Dennis Kintigh, Mayor 12 ATTEST 13 14 15 16 _____________________ 17 Sharon Coll, City Clerk 18 19 20 Underscoring indicates addition to existing Code section. 21 Strike through indicates delete of an existing Code section. 22 2/27/2020 - Legal Committee --48-- City of Roswell, New Mexico  AGENDA ITEM NO. 5– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 27, 2020 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Lodgers’ Tax Ordinance Update Discussion ACTION REQUESTED: Discuss update to Lodgers’ Tax Ordinance. BACKGROUND: Initiated by: Juanita Jennings In 2019 the New Mexico State Legislature removed a provision from the Lodgers’ Tax statute that exempted certain places from collection if there were less than three rooms. City staff will be proposing an update to the City’s ordinance to implement this change and allow the City to collect tax on those facilities as well. FINANCIAL Staff anticipates that this will lead to an increase in Lodgers’ Tax CONSIDERATION: revenue. LEGAL REVIEW: The Legal Department will assist in drafting the proposed change. As an Ordinance, Council must hold a public hearing after having provided public notice of the hearing. The Ordinance would become effective five days after publication of its adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, February COMMITTEE ACTION: 27, 2020. STAFF Discuss update to Lodgers’ Tax Ordinance. RECOMMENDATION: 2/27/2020 - Legal Committee --49-- City of Roswell, New Mexico  AGENDA ITEM NO. 6– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 27, 2020 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Air Center Master Fee Schedule Resolution ACTION REQUESTED: Discuss of new resolution regarding master fee schedule at the Air Center BACKGROUND: Initiated by: Airport Advisory Commission Roswell Air Center has not updated it’s fee schedule since 2010. Airport Advisory Commission has recommended to discuss this at Legal. FINANCIAL Once implemented it would increase revenue at the Air Center. CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed. A resolution passes if approved by a majority of all the members of the governing body. NMSA 1978, § 3-17-4. BOARD and/or The Legal Committee is scheduled to meet on Thursday, February COMMITTEE ACTION: 27, 2020. STAFF Discuss of new resolution regarding master fee schedule at the Air RECOMMENDATION: Center 2/27/2020 - Legal Committee --50-- City of Roswell, New Mexico  RESOLUTION NO. 20-XX A RESOLUTION OF THE CITY OF ROSWELL, NEW MEXICO ADOPTING NEW RATES AND FEES FOR THE ROSWELL AIR CENTER WHEREAS, the City of Roswell may provide a fee structure for aircraft use of facilities and services furnished at the Roswell Air Center (ROW); NOW, THEREFORE be it resolved by the Governing Body, the City Council of Roswell, New Mexico: 1. That there is a landing charge to be levied which is based on Maximum Certified Landing Weight (MLW) of any category, class or type of aircraft while actively engaged in use of runways, taxiways or any other facilities of the ROW airport. A charge per landing for Airport Rescue and Fire Fighting (ARFF) shall be levied for each aircraft operating under 14 CFR Part 139 or otherwise requiring ARFF services. 2. That the landing charges apply only to commercial aircraft using the ROW airport facilities. Commercial aircraft as defined herein are those who derive revenue through the direct use of and aircraft to engage in, but not limited to, storage, flight testing, charters, firefighting, freight, passengers and mail. 3. That there is established a parking charge to be levied which is based on Airplane Design Group (ADG) as established by the Federal Aviation Administration. Parking charges do not apply to aircraft parked in a hangar. 4. That the landing and parking charges for each commercial aircraft will be administered and collected by the office of the Air Center Director. 5. The Rates and Fees set forth in Exhibit A attached hereto are hereby adopted and shall become effective October 1, 2020, and all prior rates, fees and charges for the Roswell Air Center are hereby repealed as of that date. 2/27/2020 - Legal Committee --51-- City of Roswell, New Mexico  PASSED, ADOPTED, SIGNED AND APPROVED this xxth day of XXXX, 2020 ______________________ CITY SEAL Dennis J. Kintigh, Mayor ATTEST: _______________________ Sharon Coll, City Clerk 2/27/2020 - Legal Committee --52-- City of Roswell, New Mexico  EXHIBIT A TO RESOLUTION NO. 20-XX ROSWELL AIR CENTER RATES AND FEES LANDING CHARGES Aircraft will be charged $0.85 per 1000 lbs. MLW. Aircraft operating under 14 CFR Part 139 or otherwise requiring ARFF services will be charged an additional $1.00 per 1000 lbs. MLW. Landing charges may be negotiated by the office of the Air Center Director. Negotiations may take into consideration the number of landings made by an aircraft, fuel purchases and the impact of the aircraft operation on other ROW revenues. PARKING FEES Parking Charges by Airplane Design Groups (ADG) Group # Wingspan (ft) Rate/Day I <49 $9.00 II 49 - <79 $10.00 III 79 - <118 $11.00 IV 118 - <171 $16.00 V 171-<214 $17.00 VI 214-<262 $18.00 FUEL FEES Signatory Jet A will be .$04 per gallon. Non Signatory Jet A will be $.08 per gallon Avgas will be $.06 per gallon Fuel Fees to be collected by the FBO and paid to the Air Center by the 15th calendar day of the month following the month fees were collected. The FBO shall provide a detailed record of fuel sales with payment. 2/27/2020 - Legal Committee --53-- City of Roswell, New Mexico  SECURITY SIDA/Sterile Area Initial Issue: $60 SIDA/Sterile Area Renewal: $40 Airport Operations Area: $40 Badge Change Fee: $15 Unreturned Badge Penalty: $100 – fine to employer/authorized signatory Lost Badge Penalty: $100 – First occurrence within 24 month period $200 – Second and additional occurrences within 24 month period Possible suspension or revocation of airport-issued access media for second and additional occurrences Roswell Air Center reserves the right to levy monetary fines up to five- hundred ($500.00) in accordance with the City of Roswell Municipal Code Section X-X for each violation of the Airport Security Program and/or Airport Security Rules and Regulations. EQUIPMENT RENTALS Utility trailer $45 per day Forklift, 22K $60 per hour/$250 per day Forklift, 6K $40 per hour/$200 per day Large Tractor $85 per hour Broce Broom $80 per hour (comes with operator) Tymco Sweeper $100 per hour (comes with operator) Belt Loader $60 per hour/$250 per day Operator $50 per hour Delivery Fee $25 to drop off and pick up MISCELLANEOUS FEES Escort Fees $50 per hour Commercial Photography $50 per day Airport Damage Fees Actual Current repair and/or replacement costs charged to responsible party. FINANCE CHARGES If any fees are not paid for any month by the 25th calendar day of the month that said fees are due, tenant shall pay City and additional 2% finance charge as a penalty each month until the full amount of that month’s fee is paid. 2/27/2020 - Legal Committee --54-- City of Roswell, New Mexico  AGENDA ITEM NO. 7– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 27, 2020 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Update to City Code Chapter 5 Aviation ACTION REQUESTED: Discuss update to City Code Chapter 5 Aviation. BACKGROUND: Initiated by: Airport Advisory Commission The Airport Advisory Commission has undertaken a comprehensive review and revision of the Aviation Chapter of the Roswell City Code. The ultimate goal would be to pare down the Ordinance of unnecessary and out dated provisions to allow more efficiency in the operations of the Air Center. FINANCIAL There are no additional costs anticipated at this time. CONSIDERATION: LEGAL REVIEW: The City Attorney has been working on the revisions. As an Ordinance, Council must hold a public hearing after having provided public notice of the hearing. The Ordinance would become effective five days after publication of its adoption. BOARD and/or The Legal Committee is scheduled to meet on Thursday, February COMMITTEE ACTION: 27, 2020. STAFF Discuss update to City Code Chapter 5 Aviation. RECOMMENDATION: 2/27/2020 - Legal Committee --55-- City of Roswell, New Mexico  January 2020 Monthly Report – City Clerk’s Office Monthly activities: • Inspection of Public Records Act requests total - 47 • Contracted 35 Election Day workers for March 3, 2020, MOE (Municipal Officers Election) • Contracted seven (7) Early Voting workers • Contracted Three (3) Absentee Board Workers • Set-up schedule for delivery of early voting equipment from Chaves County at City Hall • Set-up a schedule for delivery of early voting equipment at Chaves County Administration Area D. • Set-up a schedule for delivery of early voting equipment and SDR (same-day registration) equipment from the vendor for the MOE • Set-up delivery for six VCC’s (Voting Convenience Centers) • Prepare Election flyer • Accept Declaration of Candadicy’s as per Election Code and verify • Collect Finance Contribution forms as per City Ordinance • Participate in numerous webinars with the SOS (Secretary of State) • Certify Early Voting equipment • Order Election Supplies (ballot paper, signs, paper, sample ballots) • Order Election Supplies (pens, etc.) • Order and proof ballots • Reviewed five (5) standing committee meeting agendas and draft minutes • Reviewed ten (10) other committees, commission, or board meeting agendas and draft minutes • Gather data from the five (5) standing committees to prepare the City Council agenda. • Proof and amend abstracts and attachments for the City Council agenda • Post City Council agenda • Review and amend PowerPoints for City Council meeting February – continue with early voting, preparing for election day, business as usual. Sharon Coll City Clerk 2/27/2020 - Legal Committee --56-- City of Roswell, New Mexico