Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, February 24, 2022 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Daniel Lopez, Ward 4 Members: Jason Perry, Ward 2 Barry Foster, Ward 5 Staff Liaison: Parker W. Patterson CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on Thursday, January 27, 2022. (page 3) REGULAR ITEMS 1. Res 22-XX: Open Meetings Act – Consider recommending adoption of a Resolution pursuant to the New Mexico Meetings Act. (page 7) 2. Ord. 22-XX: Roswell Traffic Code - Consider recommending to authorize to advertise for a public hearing proposed Ordinance 22-XX amending Chapter 24 of the Roswell City Code relating to Traffic. (page 11) 3. Ord. 22-XX: Admiral Beverage IRB - Consider recommending to authorize to advertise for a public hearing proposed Ordinance 22-XX issuing an industrial revenue bond for Admiral Beverage Corporation. (page 17) 4. Department Reports (page 33) (A) City Clerk (B) Legal (C) Safety 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 21-7. Legal Committee 02/24/2022 --1-- City of Roswell, New Mexico 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 18, 2022 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thursday, February 24, 2022,4:00 PM - 5:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/994272373 You can also dial in using your phone. United States: +1 (872) 240-3412 Access Code: 994-272-373 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/994272373 Help desk - 500-0587 Public are encouraged to participate electronically through the GoToMeeting app and physically not attend during the pandemic. Legal Committee 02/24/2022 --2-- City of Roswell, New Mexico  Regular Meeting of the Legal Committee Held in the Roswell City Hall Conference Room Thursday, January 27, 2021 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 21-07. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding, Councilor Perry, Councilor Foster and Councilor Lopez being present. Staff present: Juanita Jennings, Tommi Jo Conyers, Kevin Maevers, Joe Neeb, Mike Mathews, Christopher J. Nairn-Mahan, Jessica Collier, Scott Stark, Jenna Lanfor, and Steve Christopher. Guests present: Bruce Maxwell, Robert Ivy, Molly Boyles, Kim Wood, Peggy Seskey, Xanthia Wright, and Lisa Dunlap. Public present via GoToMeeting: Rita Kane-Doerhoefer, and Parker W. Patterson. APPROVAL OF AGENDA Councilor Perry moved to approve the January 27, 2022, Legal Committee meeting agenda with the following change: Remove Item #3 from the agenda for further discussion. Also approved the Addendum, which includes Mead and Hunt, and Ordinance 22-XX: Amendments to Article 52 of the Zoning Ordinance. Councilor Foster as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES The Thursday, December 16, 2021, Legal Committee minutes were approved as written. REGULAR ITEMS 1. RAC Lease Agreements A. Ascent Aviation Services Corporation – Jenna Lanfor discussed the agreement. Councilor Foster moved to send to the consent agenda the recommendation to authorize Ascent to enter into a lease for Building 100. Ascent requests 5,520 square feet, more or less, of Building 100 for the purpose of Ground Servicing Equipment (GSE) maintenance and storage. Ascent has been a tenant since March 2021. Term: March 1, 2022 through February 28, 2027, five years. Rent amount is $23,570.40, payable in 12 monthly installments of $1,964.20. Councilor Perry as the second. A voice vote was 4-0, and the motion passed. B. Ascent Aviation Services Corporation – Jenna Lanfor discussed the agreement. Councilor Perry moved to send to the consent agenda the recommendation to Legal Committee 02/24/2022 --3-- City of Roswell, New Mexico  authorize Ascent to enter into a lease for land. Ascent requests 9,500 square feet, more or less, of land for the purpose of Ground Servicing Equipment (GSE) storage. Ascent has been a tenant since March 2021. Term: March 1, 2022 through February 28, 2023, one year. Rent amount is $11,400.00 payable in 12 monthly installments of $950.00. Councilor Foster as the second. A voice vote was 4-0, and the motion passed. C. Avis Rent A Car System, LLC dba Budget Rent A Car System, Inc. – Jenna Lanfor discussed the agreement. Councilor Foster moved to send to the consent agenda the recommendation to authorize Avis to enter a lease. Avis requests counter space of 109 square feet, more or less, and office space consisting of 256 square feet, more or less, ten parking spaces near the Terminal and an area of land consisting of 4,085 square feet, more or less, for the purpose of operating a rental car agency. Avis has been a tenant since April 2008. Term: March 1, 2022 through February 28, 2027, five years. Rent amount is $30,754.68, payable in 12 monthly installments of $2,562.89 or eight percent (8%) of combined monthly gross revenue, (time and mileage charges), whichever is greater the first year of the Lease. Year two the rent shall increase by 3% or CPI-U all cities average, whichever is greater or nine percent (9%) of combined monthly gross revenue, (time and mileage charges), whichever is greater. Year three through five the rent shall increase by 3% or CPI-U all cities average, whichever is greater or ten percent (10%) of combined monthly gross revenue, (time and mileage charges), whichever is greater. Councilor Perry as the second. A voice vote was 4-0, and the motion passed. D. Booton, Inc., a New Mexico Corporation dba Hertz Licensee – Jenna Lanfor discussed the agreement. Councilor Perry moved to send to the consent agenda the recommendation to authorize Booton, Inc. to enter a lease. Booton, Inc. requests counter space consisting of 120 square feet, more or less, office space consisting of 176 square feet, more or less, in the Terminal Building, ten parking slots for car rentals, and an area of land consisting of 1,100 square feet, more or less, upon which is situated in Building No. 1052, for the purpose of operating a car rental agency. Booton, Inc. has been a tenant since September 1999. Term: March 1, 2022 through February 28, 2027, five years. Rent amount is of $12,671.28, payable in 12 monthly installments of $1,055.94 or eight percent (8%) of monthly gross revenue, (time and mileage charges), whichever is greater the first year of the lease. Year two the rent shall increase by 3% or CPI-U all cities average, whichever is greater or nine percent (9%) of combined monthly gross revenue, (time and mileage charges), whichever is greater. Year three through five the rent shall increase by 3% or CPI-U all cities average, whichever is greater or ten percent (10%) of combined monthly gross revenue, (time and mileage charges), whichever is greater. Councilor Foster as the second. A voice vote was 4-0, and the motion passed. Legal Committee 02/24/2022 --4-- City of Roswell, New Mexico  2. MainStreet Roswell Service Agreement for Business Retention, Development & Recruitment Service Agreement – Juanita Jennings discussed the agreement. Councilor Perry moved to recommend approval to full City Council the Main Street Roswell Service Agreement to include the changes that were discussed. The City of Roswell has partnered with MainStreet Roswell to provide services to businesses and to expand business making the downtown area thrive. The contemplated Agreement would provide a mutually revised and updated scope of work to support MainStreet Roswell’s work and continue the City’s existing relationship with the MainStreet Roswell. At the request of MainStreet, an additional $20,000 was included in order to support their efforts of finding a qualified executive director with economic development experience. $60,000 per year for the scope of services outlined with the Agreement. Councilor Foster as the second. A voice vote was 4-0, and the motion passed. 3. Resolution 22-XX Planning and Zoning Fee Schedule – Removed from agenda for further discussion, during the approval of the agenda. 4. Department Reports – City Clerk, Safety and Legal Department. Discussion only, no action taken. 5. Mead & Hunt Air Service Development Consulting Services - Scott Stark discussed the proposal and agreement. Councilor Foster moved to send to the consent agenda the recommendation to authorize an expenditure of $65,390 for Air Service Development Consulting Services. We are requesting an increase of $52,820 to cover services approved for Air Service Development Consultant to Mead & Hunt. RFP 21-006 was approved by Council July 8, 2021. The City manager was authorized to negotiate a contract with Mead & Hunt. Term: August 1, 2021 through July 31, 2022. The Contract can be extended at the current rate and scope for up to two-12 month periods. The contract has the base fees of $61,200 with an additional $4,190 for an outstanding invoice from 2021. Councilor Perry as the second. A voice vote was 4-0, and the motion passed. 6. Ordinance 22-XX: Amendments to Article 52 of the Zoning Ordinance of the City of Roswell – Kevin Maevers discussed the Ordinance. Councilor Perry moved to recommend approval to full City Council to advertise and hold a public hearing to consider adoption of the proposed ordinance with changes to section six. The following Resolution has been proposed to update certain sections of Article 52 of the City of Roswell Zoning Ordinance to provide consistency in the application of Development Standards within the C-3 and C-4 Zoning Districts, and the adopted Railroad District Metropolitan Redevelopment Area Plan (MRA). Pursuant to Appendix A of the Roswell Municipal Code, proposed Resolution 22-XX will amend certain Sections of Article 52 of the Zoning Ordinance to allow for additional flexibility in Building Height requirements (Sec. 6), Off-Street Parking (Sec. 7F), Loading Zones (Sec. 7H), and Landscaping (Sec. 11). The purpose of these Amendments are to all for consistency in the application of development standards across the Downtown District, including those areas covered by the MRA. Councilor Foster as the second. A voice vote was 4-0, and the motion passed. Legal Committee 02/24/2022 --5-- City of Roswell, New Mexico CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Molly Boyles ADJOURN The meeting adjourned at 6:09 p.m. Legal Committee 02/24/2022 --6-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 24, 2022 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Res 22-XX Open Meetings Act ACTION REQUESTED: Consider recommending adoption of a Resolution pursuant to the New Mexico Open Meetings Act. BACKGROUND: Initiated by: Parker Patterson Section 10-15-1 of the New Mexico Open Meetings Act requires that the City determine on an annual basis in a public meeting what notice is reasonable for the City Council and its standing committees. FINANCIAL There is no direct financial impact of this Resolution. CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the proposed Resolution. Resolutions require a majority of the Governing Body for adoption. BOARD and/or The February 24, 2022 Legal Committee meeting will be the first COMMITTEE ACTION: consideration of this matter. STAFF Consider recommending adoption of a Resolution pursuant to the RECOMMENDATION: New Mexico Open Meetings Act. Legal Committee 02/24/2022 --7-- City of Roswell, New Mexico  1 2 RESOLUTION 22-XX 3 4 A RESOLUTION PURSUANT TO THE OPEN MEETINGS ACT 5 6 WHEREAS, Section 10-15-1 (B) of the Open Meetings Act (NMSA 1978, Sections 10-15- 7 1 to 4) states that, except as may be otherwise provided in the Constitution or the provisions of the 8 Open Meetings Act, all meetings of a quorum of members of any council, commission, committee, 9 or other policy-making body of any state or local public agency held for the purpose of formulating 10 public policy, discussing public business, or for the purpose of taking any action within the authority 11 of or the delegated authority of such body, are declared to be public meetings open to the public at 12 all times; and 13 14 WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or 15 adoption of any proposed resolution, rule, regulation, or formal action occurs shall be held only after 16 reasonable notice to the public; and 17 18 WHEREAS, Section 10-15-1 (D) of the Open Meetings Act requires the City Council of the 19 City of Roswell to determine annually what constitutes reasonable notice of its public meetings as 20 well as meetings of any commission, committee, or other policy making body of the city; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE 23 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 24 25 1. All meetings of the Roswell City Council shall be held at the Roswell Convention & Civic 26 Center, 912 N Main Street, Roswell, New Mexico, or as indicated in the meeting notice. 27 2. Unless otherwise specified, regular meetings shall be held each month on the second 28 Thursday at 6:00 p.m. The agenda will be available from the City Clerk, whose office is 29 located at City Hall in Roswell, New Mexico, at least seventy-two (72) hours prior to the 30 meeting. In addition, for the convenience of its citizens, it is the goal of the City to enhance 31 this process by also posting the agenda on its website located at www.roswell-nm.gov. 32 Notice of any other regular meetings of the City Council will be given ten (10) days in 33 advance of the meeting date. The notice shall indicate how a copy of the agenda may be 34 obtained. 35 3. Regular meetings of the standing committees of the City Council shall be held monthly at 36 the same time and on the same day of the same week of the month as determined by each 37 standing committee at the Roswell City Hall Conference Room, 425 N Richardson Street, 38 Roswell, New Mexico, or as indicated in the meeting notice. The agenda will be available 39 from the City Clerk, whose office is located at City Hall in Roswell, New Mexico, at least 40 seventy-two (72) hours prior to the meeting. In addition, for the convenience of its citizens, 41 it is the goal of the City to enhance this process by also posting the agenda on its website 42 located at www.roswell-nm.gov. Notice of any other regular meeting of a standing 43 committee will be given ten (10) days in advance of the meeting date. The notice shall 44 indicate how a copy of the agenda may be obtained. As of the date of this resolution, the Resolution 22-XX: Open Meetings Act Page 1 of 3 Legal Committee 02/24/2022 --8-- City of Roswell, New Mexico 1 standing committees of the City Council meet regularly as follows (unless otherwise posted): Finance Committee: first Thursday of each month at 9:00 a.m. General Services Committee: fourth Wednesday of each month at 4:30 p.m. Infrastructure Committee: fourth Monday of each month at 4:00 p.m. Public Safety Committee: first Tuesday after City Council meeting at 4:30 p.m. Legal Committee: fourth Thursday of each month at 4:00 p.m. 2 3 4. Special meetings may be called by the Mayor or a majority of the members of the City 4 Council or by the Chair of a standing committee at least seventy-two (72) hours prior to any 5 special meeting. The notice shall include an agenda for the meeting or information on how 6 members of the public may obtain a copy of the agenda. The agenda shall be available to the 7 public at least seventy-two (72) hours prior to any special meeting. 8 5. Emergency meetings will be called only under unforeseen circumstances which demand 9 immediate action to protect the health, safety, and property of citizens or to protect the public 10 body from substantial financial loss in accordance with all state and local laws. The City 11 Council will avoid emergency meetings whenever possible. Emergency meetings may be 12 called by the Mayor or by a majority of the members of the City Council upon twenty-four 13 (24) hours' notice, unless threat of personal injury or property damage requires less notice. 14 The notice for all emergency meetings shall include an agenda for the meeting or information 15 on how the public may obtain a copy of the agenda. 16 6. For the purposes of regular meetings described in paragraphs 2 and 3 of this resolution, notice 17 requirements are met if notice of the date, time, place, and agenda is sent, i.e. emailed, to 18 newspapers of general circulation and posted on the City Hall Electronic Bulletin Board, 425 19 North Richardson Avenue, Roswell, New Mexico or other location determined by the City 20 of Roswell if 425 N. Richardson Avenue is not available. The City Clerk shall also email 21 copies of the written notice to those broadcast stations licensed by the Federal 22 Communications Commission and newspapers of general circulation which have made a 23 written request for notice of public meetings. In addition, for the convenience of its citizens, 24 it is the goal of the City to enhance this process by also posting the agenda on its website 25 located at www.roswell-nm.gov. 26 7. For the purposes of special meetings and emergency meetings described in paragraph 4 and 27 5 of this resolution, notice requirements shall be met by posting notice of the date, time, 28 place and agenda on the City Hall Electronic Bulletin Board, 425 North Richardson, 29 Roswell, New Mexico. The City Clerk shall also provide email notice to those broadcast 30 stations licensed by the Federal Communications Commission and newspapers of general 31 circulation that have made a written request for notice of public meetings. 32 8. For the purpose of telephonic conference or voting and the approval of the presiding officer, 33 a member of the City Council may participate by telephone or other similar communications 34 equipment when it is difficult or impossible for the Councilor to attend the meeting in person, 35 provided that the Councilor can be identified when speaking, all participants are able to hear 36 each other at the same time and members of the public attending the meeting are able to hear 37 any member of the Council. Resolution 22-XX: Open Meetings Act Page 2 of 3 Legal Committee 02/24/2022 --9-- City of Roswell, New Mexico 1 9. In addition to the information specified above, all notices shall include the following 2 language: If you are an individual with a disability who is in need of a reader, amplifier, 3 qualified sign language interpreter, or any other form of auxiliary aid or service to attend or 4 participate in the hearing or meeting, please contact Human Resources at 575-624- 6700 if a 5 summary or other type of accessible format is needed. 6 10. The Council or Committee may close a meeting to the public only if the subject matter of 7 such discussion or action is exempted from the open meeting requirement under Section 10- 8 15-1 (H) of the Open Meetings Act. 9 a. If any meeting is closed during an open meeting, such closure shall be approved by 10 a majority vote of a quorum of the Council or Committee taken during the open 11 meeting. The authority for closure and the subjects to be discussed shall be stated in 12 the motion for closure and the vote on closure of each individual member shall be 13 recorded in the minutes. Only those subjects specified in the motion may be discussed 14 in a closed meeting. 15 b. Following completion of any closed meeting, the minutes of the open meeting that 16 was closed, or the minutes of the next open meeting if the closed meeting was 17 separately scheduled, shall state whether the matters discussed in the closed meeting 18 were limited only to those specified in the motion or notice for closure. 19 c. Except as provided in Section 10-15-1 (H) of the Open Meetings Act, any action 20 taken as a result of discussions in a closed meeting shall be made by the vote of the 21 Council or Committee in an open public meeting. 22 23 PASSED, ADOPTED AND APPROVED this ___ day of ____________ 2022. 24 25 26 27 CITY SEAL _____________________________ 28 Dennis Kintigh, Mayor 29 30 31 ATTEST: 32 33 34 ______________________ 35 Juan Fuentes, Interim City Clerk 36 Resolution 22-XX: Open Meetings Act Page 3 of 3 Legal Committee 02/24/2022 --10-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 24, 2022 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Ord. 22-XX: Traffic Code ACTION REQUESTED: Consider recommending to authorize to advertise for a public hearing proposed Ordinance 22-XX amending Chapter 24 of the Roswell City Code relating to Traffic. BACKGROUND: Initiated by: Parker W. Patterson Chapter 24 of the Roswell City Code governs traffic. Among the provisions in Chapter 24, section 24-1 adopts by reference the Uniform Traffic Ordinance promulgated by the NMML. In addition, Section 24-2 establishes those traffic infractions categorized as penalty assessment misdemeanors. The proposed amendment would clarify the edition of the UTO used by the City, and update the penalty assessment chard. In addition, the proposed ordinance would adopt a new Section 24-7 addressing administratively suspended licenses. FINANCIAL There is no direct financial impact associated with this item. CONSIDERATION: LEGAL REVIEW: The City Attorney drafted the proposed ordinance. Ordinances must be approved by a majority of the Governing Body after a properly noticed public hearing. BOARD and/or The Thursday, February 24, 2022 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Consider recommending to authorize to advertise for a public RECOMMENDATION: hearing proposed Ordinance 22-XX amending Chapter 24 of the Roswell City Code relating to Traffic. Legal Committee 02/24/2022 --11-- City of Roswell, New Mexico  1 ORDINANCE 22-XX 2 3 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 24 OF THE 4 ROSWELL CITY CODE RELATING TO TRAFFIC 5 6 WHEREAS, Chapter 24 of the Roswell City Code governs traffic within the City limits; 7 and 8 9 WHEREAS, the City Council intends hereby to update and clarify certain sections of 10 Chapter 24 relating to the Uniform Traffic Ordinance and administrative suspended licenses. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 13 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 14 15 SECTION 1. Section 24-1 is hereby amended as follows: 16 17 Sec. 24-1. Uniform traffic ordinance—Adopted. 18 19 (a) The most recent version 2010 Compilation of the New Mexico Uniform Traffic 20 Ordinance, as promulgated by the New Mexico Municipal League, and revised 21 through July, 2018, is hereby adopted by reference pursuant to NMSA 1978, § 3- 22 17-6. In said ordinance, Option B is adopted as the text of Section 12-6-12.2. A 23 copy of such uniform ordinance shall be on file in the office of the clerk, and copies 24 shall be available for inspection and purchase during regular business hours. 25 26 (b) All amendments, revisions and new sections to the uniform ordinance shall only be 27 adopted by ordinance through an affirmative vote of the city council. Upon 28 adoption, amendments shall be available for inspection in the city clerk's office. 29 30 (c) Unless otherwise expressly provided, it shall be unlawful for any person to violate 31 the provisions of the uniform traffic ordinance. 32 33 SECTION 2. Section 24-2 is hereby amended as follows: 34 35 Sec. 24-2. Same—Amendments to penalty assessments. 36 37 (a) Penalty assessment established. 38 39 (1) As used in the New Mexico Uniform Traffic Ordinance adopted by reference by 40 the city, penalty assessment misdemeanor means violation of any of the following 41 listed sections of the New Mexico Uniform Traffic Ordinance, for which the listed 42 penalty assessment is established: 43 Common Name of Offense Section Penalty Violated Assessment Pedestrian Control Signals 12-5-7 $25.00 Legal Committee 02/24/2022 --12-- City of Roswell, New Mexico  Flashing signals 12-5-8 25.00 Display of unauthorized signs, signals or 12-5-10 25.00 markings Speed regulations 12-6-1 Up to and including ten miles an hour over 25.00 speed limit From 11 up to and including 15 miles an 35.00 hour over speed limit From 16 up to and including 20 miles an 75.00 hour over speed limit From 21 up to and including 25 miles over 150.00 speed limit From 26 up to and including 30 miles an 250.00 hour over speed limit From 31 up to and including 35 miles over 350.00 speed limit More than 36 miles per hour 450.00 Minimum speed regulations 12-6-1.5 25.00 Overtaking a vehicle on the left 12-6-2.3 15.00 Limitations on overtaking on the left 12-6-2.4 15.00 No passing zones and restrictions on passing 12-6-2.7 25.00 Following too closely 12-6-2.13 30.00 Driving on divided streets 12-6-2.14 25.00 Vehicle approaching or entering intersection 12-6-4.1 25.00 Vehicles turning left at intersection 12-6-4.2 25.00 Vehicle entering stop or yield intersection 12-6-4.3 25.00 Limitations on turning around 12-6-5.5 15.00 Starting parked vehicle 12-6-5.7 15.00 Turning and stopping movements and 12-6-5.8 25.00 required signals Stopping, standing and parking 12-6-6 25.00 Special stops required 12-6-7 25.00 Stopping for school bus 12-6-7.3 100.00 Careless driving 12-6-12.4 75.00 Operators and chauffeurs must be licensed 12-6-12.5 50.00 Limitations on backing 12-6-12.9 25.00 Restriction on use of video in motor vehicles 12-6-12.11 25.00 Coasting Prohibited 12-6-12.12 25.00 Animals on street 12-6-13.10 25.00 Driving on mountain streets 12-6-13.11 25.00 Child not in restraint device or safety belt 12-6-13.12 50.00 Unfastened safety belt 12-6-13.13 30.00 Possession or consumption of alcoholic 12-6-13.14 50.00 beverages in open containers, first offense Legal Committee 02/24/2022 --13-- City of Roswell, New Mexico  Destructive or injurious material on roadway 12-6-13.5 125.00 Littering 12-6-13.15 300.00 Pedestrian violation 12-6-14 15.00 Pedestrian right of way in crosswalks 12-6-14.2 25.00 Pedestrians to use right half of sidewalks 12-6-14.3 25.00 Crossing at other than crosswalks 12-6-14.4 25.00 Pedestrians on streets 12-6-14.5 25.00 Drivers to exercise due care 12-6-14.8 25.00 Prohibited acts 12-10-1.1 25.00 When lighted lamps are required 12-10-1.3 25.00 Headlamps on vehicles 12-10-1.5 25.00 Dimming of lights 12-10-1.6 20.00 Tail lamps 12-10-1.7 25.00 Vehicles to be equipped with reflectors 12-10-1.8 25.00 Mufflers, prevention of noise 12.1-1.1- 20.00 Lamp or flag on projecting load 12-10-1.11 20.00 Display of current valid registration plate 12-10-4 25.00 Evidence of registration to be signed and 12-10-5 20.00 exhibited on demand Unlawful riding 12-6-13.2 100.00 Boarding or alighting from vehicle 12-6-13.7 15.00 School zone 12-6-1.2 35.00 plus 5.00 every mile over Stop lamps, signal lamps, and signal devices 12-10-1.9 15.00 Turning and stopping movements and 12-6-5.8 20.00 required signals Windshield to be unobstructed 12-10-1.12 25.00 Basic rule 12-6-1.1 25.00 Emerging from alley, private 12-6-7.1 20.00 Lights and their application vehicle red light 12-5-6c 30.00 Window tint 12-10-1.12 40.00 Permitting unauthorized person to drive 12-6-12.23 40.00 Avoid traffic control device 12-5-3 50.00 Racing on street/exhibition driving 12-6-12.19 100.00 Driving on streets laned for traffic 12-6-2.12 $50.00 1 2 (2) The term penalty assessment misdemeanor does not include any violation which 3 has caused or contributed to the cause of an accident resulting in injury or death to 4 any person. 5 6 (3) When an alleged violator of a penalty assessment misdemeanor elects to accept a 7 notice to appear in lieu of a notice of penalty assessment, no fine imposed upon 8 later conviction shall exceed the penalty assessment established for the particular Legal Committee 02/24/2022 --14-- City of Roswell, New Mexico  1 penalty assessment misdemeanor and no probation imposed upon a suspended or 2 deferred sentence shall exceed 90 days. 3 4 (4) The penalty assessment for speeding in violation of Section 12-6-1.2 (4) or the Uniform 5 Traffic Ordinance is twice the penalty assessment established in section 24-2(a) of this 6 article for the equivalent mile per hour over the speed limit. 7 8 (5) In addition to the penalty assessment established for each penalty assessment 9 misdemeanor pursuant to this section, there shall be assessed the following fees for each 10 penalty assessment misdemeanor: a $20.00 corrections fee; a $6.00 court automation 11 fee; and a $3.00 judicial education fee. 12 (b) Penalty assessment misdemeanors; option; effect. 13 (1) Unless a warning notice is given, at the time of making an arrest for any penalty 14 assessment misdemeanor, the arresting officer shall offer the alleged violator the 15 option of accepting a penalty assessment. The violator's signature on the penalty 16 assessment notice constitutes an acknowledgment of guilt of the offense stated in 17 the notice, and payment of the prescribed penalty assessment is a complete 18 satisfaction of the violation. 19 20 (2) Payment of any penalty assessment must be made by mail to the Municipal Court, 21 Traffic Violations Bureau, City of Roswell, New Mexico within 30 days from the 22 date of arrest. Payments of penalty assessments are timely if postmarked within the 23 time limits set from the date of the arrest. The traffic violations bureau shall issue 24 a receipt when a penalty assessment is paid by currency, but checks tendered by the 25 violator upon which payment is received are sufficient receipt. 26 27 (3) No record of any penalty assessment payment is admissible as evidence in any court 28 in any civil action. 29 30 (c) Failure to pay penalty assessment. 31 32 (1) If a penalty assessment is not paid within 30 days from date of arrest, the violator 33 shall be prosecuted for the violation charged on the penalty assessment notice in a 34 manner as if a penalty assessment notice had not been issued. Upon conviction in 35 such prosecution, the court shall impose penalties as provided by the New Mexico 36 Uniform Traffic Ordinance (Section 12-12-1.1) or other law relating to motor 37 vehicles for the particular offense charged, and the schedule of penalty assessments 38 shall not apply. 39 40 (2) In addition to the prosecution provided for in subsection 4(a), it is a misdemeanor 41 for any person who has elected to pay a penalty assessment to fail to do so within 42 30 days from the date of arrest. 43 44 (3) The office of the municipal court shall notify the Motor Vehicle Division of the 45 State of New Mexico when a person fails to pay a penalty assessment within the 46 required period of time. The motor vehicle division shall report the notice upon the Legal Committee 02/24/2022 --15-- City of Roswell, New Mexico  1 driver's record and shall not renew the person's license to drive until the municipal 2 court notifies the motor vehicle division that the penalty assessment, or its 3 equivalent, as well as any penalties imposed are properly disposed of. 4 5 6 SECTION 3. Section 24-7 is hereby amended as follows: 7 8 Sec. 24-7. Reserved Administratively suspended licenses. 9 10 Nothing in the Uniform Traffic Ordinance withstanding, a person who drives a motor 11 vehicle on any public highway of this state at a time when the person's privilege to do so 12 is administratively suspended, pursuant to NMSA 1978 § 66-5-30(B), is guilty of a penalty 13 assessment misdemeanor and shall be subject to a penalty assessment of $25.00. 14 15 SECTION 4. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 16 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 17 ordinance or part of any ordinance heretofore repealed. 18 19 SECTION 5. If any section, paragraph, clause or provisions of this ordinance for any reason shall 20 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 21 clause or provision shall not affect any other part of this ordinance. 22 23 SECTION 6. This ordinance shall be effective after five (5) days following its publication as 24 required by law. 25 26 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 27 28 CITY SEAL 29 30 31 _____________________________ 32 Dennis Kintigh, Mayor 33 ATTEST 34 35 36 37 _____________________ 38 Sharon Coll, City Clerk 39 Legal Committee 02/24/2022 --16-- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 24, 2022 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Ord. 22-XX: Admiral Beverage IRB ACTION REQUESTED: Consider recommending to authorize to advertise for a public hearing proposed Ordinance 22-XX issuing an industrial revenue bond for Admiral Beverage Corporation. BACKGROUND: Initiated by: Parker W. Patterson Industrial Revenue Bonds are a mechanism by which the City can take legal title to property in order to fund bonds to provide tax benefits to further capital improvements by a private company thereby providing for local economic development. This project will be located within the corporate limits located at 515 E. Brasher Road. This project is estimated to be approximately $9,000,000 which will fund a new Warehouse Facility. Admiral Beverage currently employs 68 employees and anticipates hiring 7 additional employees following the completion of the facilities’ development. The City Council adopted Resolution 22-03 declaring its intent to issue an IRB for this project at its January 13, 2022 regular meeting. FINANCIAL While the City acts as the fiscal agent for the bond funds, it is not CONSIDERATION: liable for its repayment. The City incurs no financial obligation as a result of issuing the bond. LEGAL REVIEW: The City Attorney has reviewed the proposed Ordinance. Ordinances must be approved by a majority of the Governing Body after a properly noticed public hearing. BOARD and/or The Thursday, February 24, 2022 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Consider recommending to authorize to advertise for a public RECOMMENDATION: hearing proposed Ordinance 22-XX issuing an industrial revenue bond for Admiral Beverage Corporation. Legal Committee 02/24/2022 --17-- City of Roswell, New Mexico  RODEY DRAFT 1/24/2022 1 CITY OF ROSWELL, NEW MEXICO 2 ORDINANCE NO. 22-____ 3 AN ORDINANCE (THIS “BOND ORDINANCE”) OF THE CITY OF ROSWELL, NEW 4 MEXICO (THE “CITY”) AUTHORIZING AND PROVIDING FOR THE ISSUANCE 5 AND SALE OF ITS TAXABLE INDUSTRIAL REVENUE BONDS (ADMIRAL 6 BEVERAGE CORPORATION PROJECT) SERIES 2022 (THE “BONDS”) FOR THE 7 BENEFIT OF ADMIRAL BEVERAGE CORPORATION, TOGETHER WITH ITS 8 SUCCESSORS AND ASSIGNS (THE “COMPANY”), IN AN AGGREGATE PRINCIPAL 9 AMOUNT NOT TO EXCEED $9,000,000; PROVIDING THAT THE BONDS ARE 10 PLANNED TO BE ISSUED ON A DATE PRIOR TO JANUARY 13, 2027, FOR THE 11 PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, 12 RECONSTRUCTION, INSTALLATION AND EQUIPPING OF THE ADMIRAL 13 BEVERAGE CORPORATION ROSWELL FACILITY TO REPLACE THE 14 COMPANY’S CURRENT ROSWELL FACILITY LOCATED WITHIN THE 15 CORPORATE LIMITS OF THE CITY FOR USE BY THE COMPANY IN THE 16 WAREHOUSING AND DISTRIBUTION TO LICENSED PREMISES OF ALCOHOLIC 17 PRODUCTS AND THE WAREHOUSING AND DISTRIBUTION OF NON-ALCOHOLIC 18 BEVERAGE PRODUCTS (THE “PROJECT”); PROVIDING FOR THE PAYMENT OF 19 THE PRINCIPAL OF AND INTEREST ON THE BONDS FROM LEASE PAYMENTS 20 TO BE PAID BY THE COMPANY TO THE CITY; AND PROVIDING FOR THE 21 EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE AGREEMENT AND A 22 BOND PURCHASE AGREEMENT; AUTHORIZING THE SALE OF SAID BONDS AND 23 ANY ANCILLARY AGREEMENTS IN CONNECTION THEREWITH; AND 24 AUTHORIZING OTHER MATTERS PERTAINING TO THE ISSUANCE OF SAID 25 BONDS. 3673154.2 Legal Committee 02/24/2022 --18-- City of Roswell, New Mexico  1 WHEREAS, the City of Roswell, New Mexico (the "City") is a legally and regularly 2 created, established, organized and existing municipality under the general laws of the State of 3 New Mexico (the “State”); and 4 WHEREAS, the City is authorized by the Industrial Revenue Bond Act, NMSA 1978, 5 Sections 3-32-1 to -16 (1965, as amended through 2021) (the "Act") to issue industrial revenue 6 bonds for the purposes set forth in the Act and to permit the expenditure of the proceeds thereof 7 to defray, among other things, the cost of acquisition, construction, renovation, installation and 8 equipping of certain facilities constituting a project (as defined under the Act) and for the 9 purposes of financing a project in accordance with Section 3-32-6 NMSA 1978; and 10 WHEREAS, pursuant to Section 3-32-1 NMSA 1978, "project" also means any land and 11 building or other improvements thereon and all real and personal property deemed necessary in 12 connection therewith whether or not now in existence which shall be within the meaning of the 13 Section; and 14 WHEREAS, pursuant to City Resolution 22-03, the City indicated its intent to consider 15 the issuance of its Taxable Industrial Revenue Bonds (Admiral Beverage Corporation Project), 16 Series 2022 subject to an authorizing ordinance, on a date prior to January 13, 2027, and Admiral 17 Beverage Corporation, a Wyoming corporation, together with its successors and assigns (the 18 "Company"), has requested the City to issue a series of its bonds pursuant to this ordinance (the 19 “Bond Ordinance”), in an amount not to exceed the aggregate principal amount of $9,000,000, 20 that is sufficient, together with other moneys available therefor, for the purpose of financing the 21 acquisition, construction, reconstruction, installation and equipping of the Company’s Roswell 22 facility to be located within the corporate limits of the City for use by the Company in the 23 warehousing and distribution to licensed premises of alcoholic products and the warehousing and 24 distribution of non-alcoholic beverage products (the “Project”); to establish a debt service reserve 25 fund and to pay for certain costs of issuance of such bonds; and 2 Legal Committee 02/24/2022 --19-- City of Roswell, New Mexico  1 WHEREAS, City has determined that it is in the best interests of the City and its 2 inhabitants to issue its Taxable Industrial Revenue Bonds (Admiral Beverage Corporation 3 Project), Series 2022 (the “Bonds”), in an aggregate principal amount not to exceed $9,000,000, 4 to provide funds necessary to renovate, construct, reconstruct, install and equip the Project; and 5 WHEREAS, in furtherance of the purposes set forth in the Act, the City agrees to 6 finance the Project, including, but not limited to, the reimbursement of any costs incurred 7 by the Company and costs of issuance of the Bonds, by the sale and issuance of the Bonds 8 and intends to authorize such actions as might be required to implement the financing of the 9 Project; and 10 WHEREAS, pursuant to and in accordance with the provisions of the Act, the Project, as 11 planned, is suitable for use by the Company and is to be leased by the City to the Company, 12 pursuant to a Lease Agreement (the “Agreement”); and 13 WHEREAS, the City proposes to fund the renovation, construction, reconstruction, 14 installation and equipping of the Project as an authorized project under the Act and to finance the 15 cost thereof by the issuance of the Bonds of the City under an Indenture (the “Indenture”) among 16 the City; the Company; [DEPOSITARY] (the “Depositary”); and an entity affiliated with the 17 Company (the “Purchaser”); and 18 WHEREAS, the Company offers to its employees and their dependents health insurance 19 coverage and contributes to the payments of such coverage in compliance with the Act; and 20 WHEREAS, pursuant to and in accordance with provisions of the Act, the City is 21 prepared to proceed with financing the costs of the Project by the issuance and sale of its Bonds, 22 such Bonds to be secured by the Indenture; and 23 WHEREAS, the Purchaser will purchase all of the Bonds on the terms set forth in the 24 Indenture and pursuant to a bond purchase agreement among the City, the Company and the 25 Purchaser (the "Bond Purchase Agreement"); and 3 Legal Committee 02/24/2022 --20-- City of Roswell, New Mexico  1 WHEREAS, there has been presented to the City Council at the meeting at which this 2 Bond Ordinance is adopted: (1) the proposed form of the Agreement; (2) the proposed form of the 3 Indenture; and (3) the proposed form of the Bond Purchase Agreement; and 4 WHEREAS, in connection with the adoption of this Bond Ordinance, the Company has 5 agreed to make payments in lieu of taxes to the City during the period the City owns and leases 6 the Project on terms as set forth in the Agreement; and 7 WHEREAS, the Notice of Intent to Adopt an Ordinance was duly published in the 8 Roswell Daily Record, in accordance with City Resolution 22-__, which publication is deemed to 9 comply with the procedures and policies of the City with respect to such publications; and 10 WHEREAS, the notices of the City’s intent to consider this Bond Ordinance were given 11 by certified mail, return receipt requested, on or before February 4, 2022 to Chaves County and 12 the Chaves County Assessor; and 13 WHEREAS, there is on deposit with the City Clerk the proposed form of this Bond 14 Ordinance. 15 BE IT ORDAINED BY THE CITY COUNCIL, GOVERNING BODY OF THE 16 CITY OF ROSWELL, NEW MEXICO: 17 Section 1. The words and terms used in this Bond Ordinance shall have the 18 meanings set forth in the recitals of this Bond Ordinance unless the context clearly indicates 19 another or different meaning or intent. 20 Section 2. All action (not inconsistent with the provisions of this Bond Ordinance) 21 heretofore taken by the Roswell City Council (the “Governing Body”) and the officials of the 22 City directed toward the Project and the sale and issuance of industrial revenue bonds therefor be 23 and the same is hereby ratified, approved and confirmed. 24 Section 3. Pursuant to the Act, the Governing Body does hereby authorize the 25 financing of the Project in accordance with the terms of the Agreement and does hereby 4 Legal Committee 02/24/2022 --21-- City of Roswell, New Mexico  1 determine it is in furtherance of the public purposes set forth in the Act; that the Project promotes 2 the local economy, creates and maintains jobs and improves local health and the general welfare 3 by inducing the Company to renovate, construct, reconstruct, install and equip its existing 4 facility; and that, therefore, providing financing for the Project through the issuance and sale of 5 the Bonds is in the public interest. The Governing Body further determines that no public moneys 6 are being expended by virtue of the financing. 7 Section 4. To finance the costs of the Project, to establish a debt service fund as 8 provided in the Indenture, to reimburse any costs incurred by the Company, and to pay certain 9 costs of issuance of the Bonds, the City does hereby authorize the issuance of the Bonds of the 10 City under the Act, to be designated as set forth in the recitals of this Bond Ordinance, in the 11 aggregate principal amount not to exceed $9,000,000. The Bonds shall bear interest at a rate not 12 to exceed the maximum rate permitted by law and shall have a final stated maturity of not more 13 than 30 years from the date of issuance of the Bonds. 14 Section 5. The Bonds shall be dated and numbered and shall be in the form as 15 provided in the Indenture and shall be otherwise subject to redemption prior to maturity upon the 16 terms and conditions set forth in the Indenture. The Bonds shall be sold to the Purchaser at the 17 purchase price specified in the Bond Purchase Agreement. Interest on the Bonds shall be payable 18 at the times specified in the Indenture. 19 Section 6. The Governing Body does hereby find, declare and determine that (i) 20 other than as provided by the Indenture, it is not deemed necessary to establish any reserve funds 21 in connection with the retirement of the Bonds or the maintenance of the Project, (ii) pursuant to 22 the Agreement, the Company is obligated to maintain the Project and to carry all proper insurance 23 with respect to the Project, and (iii) pursuant to the Agreement, the Company is obligated to pay 24 lease payments sufficient to pay the principal of and interest on the Bonds while the Bonds are 5 Legal Committee 02/24/2022 --22-- City of Roswell, New Mexico  1 outstanding and to fund any deficiencies in the debt service reserve fund, as may be provided in 2 the Indenture. 3 Section 7. The Bonds shall be executed on behalf of the City with the manual or 4 facsimile signature of the Mayor of the City. At the direction of the City, the Bonds may be 5 countersigned by the manual or facsimile signature of the Finance Director or other finance 6 officer of the City, and shall be attested by the manual or facsimile signature of the City Clerk 7 and shall have impressed or imprinted thereon the official seal of the City. If any of the officers 8 who shall have signed or sealed any of said Bonds shall cease to be such officer of the City before 9 the Bonds so signed and sealed shall have been actually authenticated and delivered by the City, 10 such Bonds nevertheless may be authenticated, issued and delivered with the same force and 11 effect as though the person or persons who signed or sealed such Bonds had not ceased to be such 12 officer or officers of the City; and also any such Bonds may be signed and sealed on behalf of the 13 City by those persons who, on the actual date of the execution of such Bonds, shall be the proper 14 officers of the City, although at the nominal date of such Bonds any such person shall not have 15 been such officer of the City. 16 Section 8. The Bonds shall be limited obligations of the City and, except to the 17 extent payable from Bond proceeds or moneys from the investment thereof, shall be payable 18 solely from the revenues received by or on behalf of the City pursuant to the Agreement and 19 otherwise as provided therein and in the Indenture. The Bonds and interest thereon shall never 20 constitute an indebtedness of the City within the meaning of any constitutional or statutory 21 limitation and shall never constitute nor give rise to a pecuniary liability of the City or a charge 22 against its general credit or taxing powers, and such fact shall be plainly stated on the face of each 23 Bond. The City shall have no obligation with respect to the Project, and all costs, expenses, 24 taxes, governmental charges and fees and charges with respect to the Project shall be paid by the 25 Company. 6 Legal Committee 02/24/2022 --23-- City of Roswell, New Mexico  1 Section 9. The Company will act as agent for the City with respect to the Project 2 and in the acquisition of the property related to the Project (the “Project Property”). The City 3 authorizes the Company to act as agent for the City for the purchase of Project Property with 4 respect to the Project. The Company will also request and obtain Type 9 Nontaxable Transaction 5 Certificates (“Certificates”) from the New Mexico Taxation and Revenue Department, and the 6 City will cooperate with the Company to so obtain such Certificates and will allow the Company 7 to use the Certificates that have been properly executed for acquisition of tangible personal 8 property relating to the Project and the Project Property under and consistent with the New 9 Mexico Gross Receipts and Compensating Tax Act, NMSA 1978, Sections 7-9-1 to -116 (1966, 10 as amended through 2021). The Company shall not use the Certificates other than for the 11 purchase of equipment and other tangible property as permitted by law, nor shall the Company 12 use such Certificates after the completion of the Project. All actions taken by the Company since 13 January 13, 2022, the date of City Resolution 22-03, that are not inconsistent with this Section 9, 14 are hereby ratified and confirmed. 15 Section 10. The Indenture is hereby approved in substantially the form submitted to 16 this meeting, and the Mayor of the City (or in the event of his unavailability, the Mayor Pro Tem) 17 is hereby authorized and directed to execute, acknowledge and deliver the Indenture with such 18 changes therein as shall be approved by the Mayor (or in the event of his unavailability, the 19 Mayor Pro Tem), including establishment of the final principal amount and interest rate for the 20 Bonds, not to exceed the maximums set forth in this Bond Ordinance. The execution of such 21 document by the Mayor (or, in the event of his unavailability, the Mayor Pro Tem) shall 22 constitute conclusive evidence of such approval, and the City Clerk or deputy City Clerk is 23 hereby authorized and directed to attest to the Indenture and to affix to the Indenture the official 24 seal of the City. 7 Legal Committee 02/24/2022 --24-- City of Roswell, New Mexico  1 Section 11. The Agreement between the City and the Company is hereby approved 2 in substantially the form submitted to this meeting, and the Mayor of the City (or, in the event of 3 his unavailability, the Mayor Pro Tem) is hereby authorized and directed to execute, acknowledge 4 and deliver the Agreement with such changes therein as shall be approved by the Mayor (or, in 5 the event of his unavailability, the Mayor Pro Tem), the execution of such document by the 6 Mayor (or, in the event of his unavailability, the Mayor Pro Tem) to constitute conclusive 7 evidence of such approval, and the City Clerk or deputy City Clerk is hereby authorized and 8 directed to attest to the Agreement and to affix to such document the official seal of the City. 9 Section 12. The Bond Purchase Agreement is hereby approved in substantially the 10 form submitted to this meeting, and the Mayor of the City (or in the event of his unavailability, 11 the Mayor Pro Tem) is hereby authorized to complete such Bond Purchase Agreement and to 12 execute and deliver said Bond Purchase Agreement on behalf of the City in substantially the form 13 presented to this meeting with such changes therein as shall be approved by the Mayor (or, in the 14 event of his unavailability, the Mayor Pro Tem), the execution of such document by the Mayor 15 (or, in the event of his unavailability, the Mayor Pro Tem) to constitute conclusive evidence of 16 such approval. 17 Section 13. Each of the Mayor (or, in the event of his unavailability, the Mayor Pro 18 Tem), the City Clerk or deputy City Clerk and, at the direction of the City, the Finance Director 19 or other finance officer of the City are hereby empowered and directed to execute and deliver the 20 Bonds and all documents, tax agreements and certificates and other instruments which may be 21 required under the terms of the Indenture, the Agreement, the Bond Purchase Agreement and this 22 Bond Ordinance. 23 Section 14. The Governing Body hereby authorizes, empowers and directs each of 24 the officers (including the Governing Body officers) and employees of the City, and its City 25 Attorney or other counsel, to execute, carry out or cause to be carried out, and to perform, such 8 Legal Committee 02/24/2022 --25-- City of Roswell, New Mexico  1 obligations of the City and such other actions as they, in consultation with bond counsel, if any, 2 and advisors to the City in connection with the issuance, sale and delivery by the City of the 3 Bonds, shall consider necessary or advisable in connection with this Bond Ordinance, including 4 but not limited to the obligations of the City contained in the Indenture, the Agreement, the Bond 5 Purchase Agreement and such other documents and amendments, from time to time, thereto, 6 deemed necessary, and for the issuance, sale and delivery of the Bonds. 7 Section 15. The Governing Body specifically approves the provisions of the 8 Agreement which provide that the Company shall indemnify and hold harmless the City and the 9 Governing Body, officers, agents, attorneys and employees against liability to the Company, or to 10 any third parties that may be asserted against the City or its Governing Body, officers, agents, 11 attorneys, and employees with respect to the City’s ownership of the Project or the acquisition 12 and operation of the Project by the Company, except to the extent NMSA 1978, Section 56-7-1 13 (2005), is applicable to any agreement to indemnify, hold harmless, insure, or defend another 14 party contained in the Agreement, or in any related documents, such agreement, regardless of 15 whether it makes reference to this or any other limitation provision, will not extend to liability, 16 claims, damages, losses or expenses, including attorneys’ fees, arising out of bodily injury to 17 persons or damage to property caused by or resulting from the gross negligence or willful 18 misconduct of the City or its Governing Body, officers, agents, attorneys, and employees. 19 Section 16. All covenants, stipulations, obligations and agreements of the City 20 contained in this Bond Ordinance, and in the documents hereby approved and authorized for 21 execution shall be deemed to be the covenants, stipulations, obligations and agreements of the 22 City, and all such covenants, stipulations, obligations and agreements shall be binding upon the 23 City, and, except as otherwise provided in this Bond Ordinance and such documents, all rights, 24 powers and privileges conferred, and duties and liabilities imposed, upon the City by the 25 provisions of this Bond Ordinance and in the documents hereby approved and authorized for 9 Legal Committee 02/24/2022 --26-- City of Roswell, New Mexico  1 execution, shall be exercised or performed by the Governing Body; provided that no covenant, 2 stipulation, obligation or agreement herein contained or contained in any document hereby 3 approved and authorized for execution shall be deemed to be a covenant, stipulation, obligation or 4 agreement of any officer, director, member, or employee of the City in his or her individual 5 capacity, and neither the members of the Governing Body nor any officials executing the Bonds 6 shall be liable personally on the Bonds or be subject to any personal liability or accountability by 7 reason of the issuance thereof. 8 Section 17. The provisions of this Bond Ordinance are hereby declared to be 9 severable, and if any section, phrase or provision shall for any reason be declared to be invalid, 10 such declaration shall not affect the validity of the remainder of the sections, phrases and 11 provisions. 12 Section 18. After the Bonds are issued, this Bond Ordinance shall be and remain 13 irrepealable until the Bonds and the interest thereon shall be fully paid, canceled and discharged, 14 as provided in the Indenture, or there has been a defeasance as provided in the Indenture. 15 Section 19. Any ordinances, orders, resolutions or part thereof in conflict with this 16 Bond Ordinance are hereby repealed but only to the extent of such conflict. 17 Section 20. Immediately after its final passage and approval, this Bond Ordinance 18 shall be signed and authenticated by the signatures of the Mayor, and City Clerk, the seal of the 19 City shall be affixed hereto, and this Bond Ordinance shall be published by title and summary in 20 the Roswell Daily Record, a newspaper which maintains an office in, and is of general circulation 21 in the City. Upon due adoption of this Bond Ordinance, it shall be recorded in the book of 22 ordinances of the City kept for that purpose, and this Bond Ordinance shall be in full force and 23 effect 5 days after it is published, in accordance with law. 10 Legal Committee 02/24/2022 --27-- City of Roswell, New Mexico 1 Section 21. Pursuant to the general laws of the State, the title and a general summary 2 of the subject matter contained in this Bond Ordinance shall be published in substantially the 3 following form: 4 (Form of Summary of Ordinance for Publication) 5 6 CITY OF ROSWELL, NEW MEXICO 7 NOTICE OF ADOPTION OF ORDINANCE NO. 22-___ 8 9 NOTICE IS HEREBY GIVEN of the title and of a general summary of the subject matter 10 of an ordinance, duly adopted and approved by the Governing Body of the City of Roswell, 11 New Mexico (the “City”) on March 10, 2022. 12 Ordinance No. 22-___: 13 14 AN ORDINANCE (THIS “BOND ORDINANCE”) OF THE CITY OF 15 ROSWELL, NEW MEXICO (THE “CITY”) AUTHORIZING AND 16 PROVIDING FOR THE ISSUANCE AND SALE OF ITS TAXABLE 17 INDUSTRIAL REVENUE BONDS (ADMIRAL BEVERAGE CORPORATION 18 PROJECT) SERIES 2022 (THE “BONDS”) FOR THE BENEFIT OF 19 ADMIRAL BEVERAGE CORPORATION, TOGETHER WITH ITS 20 SUCCESSORS AND ASSIGNS (THE “COMPANY”), IN AN AGGREGATE 21 PRINCIPAL AMOUNT NOT TO EXCEED $9,000,000; PROVIDING THAT 22 THE BONDS ARE PLANNED TO BE ISSUED ON A DATE PRIOR TO 23 JANUARY 13, 2027, FOR THE PURPOSE OF FINANCING THE 24 ACQUISITION, CONSTRUCTION, RECONSTRUCTION, INSTALLATION 25 AND EQUIPPING OF THE ADMIRAL BEVERAGE CORPORATION 26 ROSWELL FACILITY TO REPLACE THE COMPANY’S CURRENT 27 ROSWELL FACILITY LOCATED WITHIN THE CORPORATE LIMITS OF 28 THE CITY FOR USE BY THE COMPANY IN THE WAREHOUSING AND 29 DISTRIBUTION TO LICENSED PREMISES OF ALCOHOLIC PRODUCTS 30 AND THE WAREHOUSING AND DISTRIBUTION OF NON-ALCOHOLIC 31 BEVERAGE PRODUCTS (THE “PROJECT”); PROVIDING FOR THE 32 PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS 33 FROM LEASE PAYMENTS TO BE PAID BY THE COMPANY TO THE 34 CITY; AND PROVIDING FOR THE EXECUTION AND DELIVERY OF AN 35 INDENTURE, A LEASE AGREEMENT AND A BOND PURCHASE 36 AGREEMENT; AUTHORIZING THE SALE OF SAID BONDS AND ANY 37 ANCILLARY AGREEMENTS IN CONNECTION THEREWITH; AND 38 AUTHORIZING OTHER MATTERS PERTAINING TO THE ISSUANCE OF 39 SAID BONDS. 40 11 Legal Committee 02/24/2022 --28-- City of Roswell, New Mexico  1 Terms used within this Notice not otherwise defined shall have the meanings ascribed 2 to them in Ordinance No. 22-___ (the “Bond Ordinance”). The following is a general 3 summary of the subject matter contained in the Bond Ordinance: 4 Preambles recite such matters as the existence of the City; the authority of the City to 5 issue bonds under New Mexico law; the determination of the City to issue its City of 6 Roswell, New Mexico Taxable Industrial Revenue Bonds (Admiral Beverage Corporation 7 Project), Series 2022, in an aggregate principal amount not to exceed $9,000,000 (the 8 “Bonds”), for the purpose of leasing the Project (as defined below) to Admiral Beverage 9 Corporation, a Wyoming corporation, together with its successors and assigns (the 10 “Company”); to provide funds for the purpose of financing the acquisition, construction, 11 reconstruction, installation and equipping of the Company’s Roswell facility to be located 12 within the corporate limits of the City for use by the Company in the warehousing and distribution to 13 licensed premises of alcoholic products and the warehousing and distribution of non-alcoholic 14 beverage products (the “Project”), and to provide funds, without limitation, for reimbursement 15 of costs incurred by the Company, and to pay the costs of issuance of the Bonds; the sale of 16 the Bonds to an entity affiliated with the Company, as Purchaser at the price to be set forth in 17 the Bond Purchase Agreement; recite that the City is not pledging its faith and credit to the 18 payment of the principal of or interest on the Bonds; recites that all required governmental 19 authorizations or approvals have been obtained or will be obtained by the date of issuance of 20 the Bonds; recite that certain notices have been sent, as required by law; and recite that the 21 form of the Bond Ordinance is on deposit with the City Clerk. 22 SECTION 1 provides that words and terms used in used in the Bond Ordinance 23 have the same meanings as set forth in the recitals of the Bond Ordinance. 24 SECTION 2 ratifies all actions not inconsistent with the Bond Ordinance previously 25 taken by the Governing Body and the officials of the City to accomplish the goals of the 26 Bond Ordinance. 27 SECTION 3 authorizes the financing of the Project through the Bonds. 28 SECTION 4 authorizes the issuance of the Bonds. 29 SECTION 5 provides certain details regarding redemption and other terms of the 30 Bonds and that the Bonds will be sold to a purchaser as specified in the Bond Purchase 31 Agreement. 12 Legal Committee 02/24/2022 --29-- City of Roswell, New Mexico  1 SECTION 6 declares and determines that reserve funds are unnecessary for the 2 Bonds, the Company must maintain insurance, and the Company must make the lease 3 payments sufficient to pay the principal and interest on the Bonds. 4 SECTION 7 provides for the execution of the Bonds. 5 SECTION 8 provides that the Bonds are limited obligations of the City. 6 SECTION 9 provides for the ratification of an agency with the City. 7 SECTION 10 approves the Indenture. 8 SECTION 11 approves the Agreement. 9 SECTION 12 approves the Bond Purchase Agreement. 10 SECTION 13 is the general authorization provision which directs the Mayor, City 11 Clerk and Finance Director to execute and deliver all required documents. 12 SECTION 14 directs its officers to take all actions necessary in connection with the 13 Bond Ordinance. 14 SECTION 15 approves the indemnity provisions of the Agreement. 15 SECTION 16 provides that the covenants, stipulations, obligations and agreements 16 of the City contained in the Bond Ordinance are binding upon the City. 17 SECTION 17 provides that the provisions of the Bond Ordinance are severable. 18 SECTION 18 provides that the Bond Ordinance is not repealable so long as there are 19 Bonds outstanding. 20 SECTION 19 provides that any ordinances, orders, resolutions or part thereof in 21 conflict with the Bond Ordinance are hereby repealed but only to the extent of such conflict. 22 SECTION 20 provides that the Bond Ordinance shall be in full force and effect five 23 days after publication in accordance with law. 24 SECTION 21 provides for a summary of the Bond Ordinance to be published. 25 COMPLETE COPIES OF THE BOND ORDINANCE ARE ON FILE IN THE OFFICE OF THE 26 CITY CLERK, 425 N RICHARDSON, ROSWELL, NEW MEXICO, 88201, AND ARE AVAILABLE FOR 27 INSPECTION OR PURCHASE DURING REGULAR OFFICE HOURS. THIS NOTICE ALSO 28 CONSTITUTES COMPLIANCE WITH NMSA 1978, SECTIONS 6-14-4 THROUGH 6-14-7. 29 WITNESS my hand this 10th day of March, 2022. 30 31 /s/ Sharon Coll 13 Legal Committee 02/24/2022 --30-- City of Roswell, New Mexico 1 City Clerk 2 3 (End of Form of Ordinance for Publication) 4 5 [Remainder of page intentionally left blank] 6 7 14 Legal Committee 02/24/2022 --31-- City of Roswell, New Mexico  1 PASSED, ADOPTED SIGNED and APPROVED the 10th day of March, 2022. 2 CITY SEAL 3 ________________________________ 4 Dennis Kintigh, Mayor 5 6 ATTEST: 7 8 9 _______________________________ 10 Sharon Coll, City Clerk 11 12 13 14 15 16 15 Legal Committee 02/24/2022 --32-- City of Roswell, New Mexico  AGENDA ITEM NO. 5 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, February 24, 2022 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Department Reports City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • Safety Legal Committee 02/24/2022 --33-- City of Roswell, New Mexico January 2022 Monthly Report – City Clerk’s Office Monthly activities: • Process incoming and outgoing mail for City • Schedule conference rooms in City Hall • Request to activate/deactivate alarm codes for exit or new employees • Field and answer calls/questions staff • Process Inspection of Public Records Act requests o Total – 38 o Same requestor #1 – 15 o Same requestor #2 - 6 o Miscellaneous requestors - 17 • Review five (5) standing committee meeting agendas and draft minutes • Post five (5) standing committee meeting agendas and approved minutes • Gather data from the five (5) standing committees to prepare the City Council agenda • Review meeting agendas and draft minutes, and post agendas and various cancellation of meetings for: o P&Z o Airport Advisory Board o Commission on Aging o Keep Roswell Beautiful o Occupancy Tax Board o Parks and Recreation Commission o RMAC BOT • Proof and amend abstracts and attachments for the City Council agenda • Post City Council agenda(s) and approved minutes • Review and amend PowerPoints for City Council meeting • Prepare for City Council meeting • Attend City Council meeting, Special City Council meeting, and various standing committee meetings • Attend various committee meetings • Work with advisory boards/commissions/committees on upcoming appointments of members • Inspection of Public Records (IPRA) Training for employees • New employee(s) training in Clerk’s Office • Review and complete various Special Dispenser Permits • Setting up schedule to deliver Election Equipment • Preparing for Early Voting February 1 thru February 26 • Working on MOE for March 1, 2022 Sharon Coll - City Clerk Legal Committee 02/24/2022 --34-- City of Roswell, New Mexico  Legal Department January 2022 Report Litigation Criminal The Legal Department currently has 23 open criminal cases. During the reporting period, the Legal Department resolved 2 cases and received 6 new criminal cases. Civil The Legal Department currently has 26 open civil or administrative matters. Legislative Ordinances and Resolutions During the reporting period the Legal Department is currently working on or recently completed the following ordinances: Ordinance to issue an IRB for Admiral Beverage Annual OMA Resolution Ordinance amending the Traffic Code Contracts Review: During the reporting period, the Legal Department reviewed 8 contracts or agreements. Draft: During the reporting period, the Legal Department drafted or revised 5 contracts or agreements. Other The Legal Department is providing support to the City Clerk’s Office during its transition to a new City Clerk. Legal Committee 02/24/2022 --35-- City of Roswell, New Mexico  CITY OF ROSWELL PROPERTY INCIDENT REPORTS January 31, 2022 COST COMPARISON 2020 Costs of Incidents by Department PREVENTABLE INCIDENTS 2021 FEB 2021- JAN 2022 $450,000 INCIDENT COMPARISONS DEPT. YEARLY TOTAL 2022 MONTH 2022 2021 2020 AIRPORT $2,500.00 $400,000 FAC MTNC $25,000.00 JANUARY 6 3 6 POLICE $68,823.89 $350,000 FEBRUARY 2 9 SANITATION $374,161.07 MARCH 2 7 PARKS $3,000.00 APRIL 5 4 WWTP $25,432.34 $300,000 MAY 10 6 $498,917.30 JUNE 7 11 $250,000 JULY 7 5 FEB 2021- JAN 2022 AUGUST 7 5 YR/MONTH TOTAL AMT SEPTEMBER 2 2 $200,000 February-21 $323.34 OCTOBER 8 5 March-21 $0.00 $150,000 NOVEMBER 6 4 April-21 $7,943.56 DECEMBER 5 5 May-21 $383,025.21 June-21 $25,372.82 $100,000 TOTALS 6 64 69 July-21 $7,587.33 August-21 $480.00 $50,000 September-21 $2,685.04 October-21 $26,000.00 November-21 $0.00 $0 December-21 $0.00 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC January-22 $45,500.00 TOTAL $498,917.30 2020 2021 2022 11 10 2022 YEAR TO DATE 9 8 DEPARTMENT TOTAL AMT Axis Title 7 7 7 7 AIRPORT 2,500.00 6 6 6 PARKS 3,000.00 5 5 5 5 5 POLICE 40,000.00 4 4 3 TOTAL: $45,500.00 2 2 2 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC Axis Title 2022 INCIDENT 2022 - YEAR TO DATE DEPARTMENT TOTAL AMT POLICE 3 STREETS 1 3 AIRPORT 1 PARKS 1 TOTAL 6 1 1 1 AIRPORT PARKS POLICE STREETS Legal Committee 02/24/2022 --36-- City of Roswell, New Mexico Legal Committee 02/24/2022 --37-- City of Roswell, New Mexico  CITY OF ROSWELL WORKERS COMPENSATION CLAIMS 2022 7 WORKERS COMPENSATION CLAIM COMPARISON MONTH 2022 2021 2020 2019 2018 2017 2016 JANUARY 9 9 5 5 4 4 6 1 1 FEBRUARY 6 5 2 3 4 3 MARCH 12 2 5 1 5 2 APRIL 7 4 5 6 6 2 PARKS POLICE SANITATION MAY 3 7 6 4 8 5 JUNE 1 5 19 4 2 9 WORKERS COMPENSATION CLAIMS 2021 JULY 3 5 13 9 8 7 17 AUGUST 5 3 6 6 4 SEPTEMBER 3 3 5 6 3 8 OCTOBER 6 1 6 6 2 14 NOVEMBER 8 2 2 2 4 3 11 DECEMBER 5 4 2 3 2 4 9 LOST TIME 0 14 17 14 11 19 16 NO LOST TIME 9 46 30 62 43 29 51 TOTAL CLAIMS 9 60 47 76 54 48 67 5 4 4 3 2 1 1 1 1 1 ANIMAL FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT CENTRAL WATER MTNC WWTP ZOO PR CONTROL WORKERS COMPENSATION CLAIMS 2020 17 7 3 4 3 3 2 1 2 1 2 1 1 ANIMAL CONTROLFAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP Legal Committee 02/24/2022 --38-- City of Roswell, New Mexico