REGULAR MEETING OF THE CITY COMMISSION MONDAY, DECEMBER 12, 5:30 P.M. CITY COMMISSION CHAMBERS, 214 S. LOVE STREET

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1 REGULAR MEETING OF THE CITY COMMISSION MONDAY, DECEMBER 12, 5:30 P.M. CITY COMMISSION CHAMBERS, 214 S. LOVE STREET Call to Order: The meeting was called to order by Mayor Campos at 5:30 p.m. Present and answering roll call: Commissioner Gandy, Commissioner Butcher, Commissioner Trujillo, Commissioner Sanchez, and Mayor Campos Also Present: City Manager James Williams, City Attorney Patrick McMahon, Chief of Police David Rodriguez, Fire Chief Terrance Lizardo, Public Works Director Wyatt Duncan, Finance Director Gary Chapman, and Administrative Assistant Anna Juarez Invocation: Commissioner Sanchez gave the invocation. Pledge of Allegiance: Commissioner Sanchez led the pledge. Approval of Agenda: Mayor Campos called for a motion. Commissioner Trujillo so moved to approve agenda as submitted; Commissioner Gandy seconded. Motion carried unanimously. Approval of the Regular Meeting Minutes of November 28, 2016: Mayor Campos called for a motion. Commissioner Gandy so moved to approve the regular meeting minutes of November 28, 2016 as submitted; Commissioner Trujillo seconded. Motion carried unanimously. COMMISSIONER AND STAFF REPORTS: Finance Director Chapman stated City of Lovington has hired a new water utility clerk; auditors request are being taken care of as requested. Commissioner Butcher and Mayor Campos commended the City of Lovington Staff for an awesome banquet and wished everyone a Happy New Year. Commissioner Gandy apologized for not attending banquet and wished everyone a Merry Christmas. Chief Police Rodriguez stated completion date of shooting range is this Wednesday, December 14, 2016; entails actual turn targets. City Manager Williams reminded Commissioners to attend: Thursday, December 15, 2016 at 10 A.M. only two Commissioners are needed to attend the Exit Interview. Thursday, December 15, 2016 at noon, there will be a reception for the Outgoing Elected Officials at the County Courthouse in the basement. Thursday, December 15, 2016 at 2:00 P.M., the groundbreaking for the new Judicial Complex. Tuesday, December 20, 2016 from 2 4 P.M. there will be a Retirement Party for Tueredia McBride to be held at the Public Library; Mayor Campos thanked Mrs. McBride for her years of service. Page 1 of 5

2 Tuesday, December 20, 2016 at 1:30 P.M. there will be a Called Commission Meeting with a Closed Session to review property and water rights issues. PUBLIC COMMENT: RaeLynn Dunlap, Executive Director of the Chamber, invited everyone to the Lovington Chamber Open House on Wednesday, December 14, 2016 from 4 6 P.M. ACTION ITEMS: Consider Resolution : Appointment of Honorary Life Member to Library Board: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Appointment of Honorary Life Member to Library Board; Commissioner Gandy seconded. Mayor Campos presented Honorary Life Member Award to Donna Benge. There being no further discussion; motion carried unanimously. Consider Resolution : Appointment of Library Board Member: Mayor Campos called for a motion. Commissioner Gandy so moved to consider Resolution : Appointment of Library Board Member Ava Benge; Commissioner Trujillo seconded. Ava Benge thanked the Commissioners for nomination to the board and expressed her appreciation of the Library. There being no further discussion; motion carried unanimously. Consider Resolution : Appointments to Senior Citizens Board: Mayor Campos called for a motion. Commissioner Butcher so moved to consider Resolution : and appoint to Ron Humphrey, Virginia Spears, and Wilma Kimbell to the Senior Center Board; Commissioner Trujillo seconded. Appointments to the board will expire December 2019; term is for three years. There being no further discussion; motion carried unanimously. Consider Resolution : Appointments to ETZ Board: Mayor Campos called for a motion. Commissioner Sanchez so moved to consider Resolution : Appointments to ETZ Board; Commissioner Butcher seconded. Commissioner Sanchez amended his motion to nominate Julia Myers, Betty Price and Steve Carr to the ETZ Board; Commissioner Butcher seconded and a roll call was taken: Commissioner Sanchez Yes, Commissioner Butcher Yes, Commissioner Trujillo No, Commissioner Gandy No, and Mayor Campos - Yes. Motion was approved. Consider Resolution : Amendment of Grant of Waiver of NM Alcohol and Gaming License at Drylands Brewing Company: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Amendment of Grant of Waiver of NM Alcohol and Gaming License at Drylands Brewing Company; Commissioner Gandy seconded. City Manager Williams stated Drylands Brewing Company has been going through the NM Alcohol and Gaming process and during a recent hearing, the officer requested that the City amend its November 23, 2015 letter of no object to include the language specifying the manufacture, storage, service, and Page 2 of 5

3 sale of alcohol. Resolution approves this specific language to be included in the new Resolution, as well as an updated letter of no objection. There being no further discussion a roll call was taken: Commissioner Gandy Yes, Commissioner Trujillo Yes, Commissioner Sanchez No, Commissioner Butcher Yes, and Mayor Campos - Yes. Motion was approved. Consider Resolution : Approval of Professional Service Agreement with the Lovington Chamber of Commerce: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Approval of Professional Service Agreement with the Lovington Chamber of Commerce; Commissioner Butcher seconded. City Manager Williams stated this is the first of the Professional Services Agreement with the Chamber of Commerce; and are ready for Commission approval. Executive Chamber Director RaeLynn Dunlap stated there will be only one edit, which is the newly elected President of the Lovington Chamber of Commerce, Patrick Alexander. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Professional Service Agreement with the Lovington Economic Development Corporation: Mayor Campos called for a motion. Commissioner Gandy so moved to consider Resolution : Approval of Professional Service Agreement with the Lovington Economic Development Corporation; Commissioner Butcher seconded. City Manager Williams stated the same applies, only minor changes; with a change of newly elected President Robbie Roberts. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Professional Service Agreement with the Lovington MainStreet: Mayor Campos called for a motion. Commissioner Gandy so moved to consider Resolution : Approval of Professional Service Agreement with the Lovington MainStreet; Commissioner Butcher seconded. City Manager Williams stated this agreement for MainStreet, not just nationally, but State wide is changing the way they operate. The agreement come July, will merge into the direction taking to incorporate a different language. There being no further discussion; motion carried unanimously. Consider Resolution : Open Meetings Act: Mayor Campos called for a motion. Commissioner Gandy so moved to consider Resolution : Open Meetings Act; Commissioner Trujillo seconded. City Manager Williams stated Resolution will approve the City of Lovington s policy for compliance with the NM Open Meetings Act; this action must be taken each year. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Records Fees Schedule: Mayor Campos called for a motion. Commissioner Butcher so moved to consider Resolution : Approval of Records Fees Schedule; Commissioner Sanchez seconded. City Manager Williams stated Resolution will approve the Records and Service Fees for Page 3 of 5

4 requests for public records of copies, paper and electronic for a reasonable fee. There being no further discussion; motion carried unanimously. Consider Resolution : Release of Claim of Lien Lots 5 & 6, Block 14, Original Lovington Addition: Mayor Campos called for a motion. Commissioner Sanchez so moved to consider Resolution : Release of Claim of Lien Lots 5 & 6, Block 14, Original Lovington Addition; Commissioner Trujillo seconded. City Manager Williams stated in 1951, the City filed a Claim of Lien for paving work performed in the area of Avenue A and 1 st Street. Two of the lots in this area are being sold and during the title search it was discovered that a release of lien was never filed. City Manager Williams stated, in order to close on this property, the lien must be paid and a release of Claim of Lien will be filed; in the amount of $ There being no further discussion; motion carried unanimously. Consider revocation of bid award: Street Yard/Convenience Center Fence Installation: Mayor Campos called for a motion. Commissioner Gandy so moved to revoke award of bid to All Rite Construction for the construction of the Street Yard/Convenience Center fence and direct staff to re-bid the project; Commissioner Butcher seconded. City Manager Williams stated on October 10, 2016, the bid for the construction of the Street Yard/Convenience Center fence was awarded to All-Rite Construction, located in Albuquerque. City Manager Williams stated staff has been working to secure the construction contract with the contractor, but have not been successful in securing this document due to contractor requests for changes in construction plans and their failure to recognize certain plan and wage requirement. City Manager Williams stated staff is requesting that the Commission approve the revocation of the bid award and proceed with re-bidding the project. There being no further discussion; motion carried unanimously. Consider Award of Bid: Employee Drug and Alcohol Testing: Mayor Campos called for a motion. Commissioner Gandy so moved to award bid to Vanguard Health and Safety Services and directed the City Manager to execute service agreement for the Employee Drug and Alcohol Testing; Commissioner Butcher seconded. City Manager Williams stated staff received bids for Indefinite Quantity Drug and Alcohol Testing on December 1, 2016 at 10:00 A.M.; staff chose to award bid to Vanguard Health and Safety, after evaluating the six responses. There being no further discussion; motion carried unanimously to award bid to Vanguard for a three year agreement with the City. Mayor Campos abstained from voting. Consider Award of Bid: Employee Physicals: Mayor Campos called for a motion. Commissioner Gandy so moved to award bid to ACC Compliance and Safety and directed City Manager to execute the service agreement for the Employee Physicals; Commissioner Butcher seconded. City Manager Williams stated staff received three responses for Indefinite Quantity Employment Physicals on December 1, 2016 at 10 A.M.; staff chose to award bid to ACC Compliance & Safety, after evaluating the three Page 4 of 5

5 responses. There being no further discussion; motion carried unanimously to award bid to ACC Compliance and Safety for a three year agreement with the City. Mayor Campos abstained from voting. Consider Award of Bid: Car and Truck Repair: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider award of bid for car and truck repair; Commissioner Butcher seconded. City Manager Williams stated staff received two bids for Car and Truck Repair from Valentine Auto Service, Inc. and Griffin Diesel & Automotive Repair, LLC.; staff is recommending to stay with Valentine Auto Service, Inc. because of more experience with their same day service. There being no further discussion, Commissioners awarded bid to Valentine Auto Service, Inc.; motion carried unanimously. Consider Award of Bid: Heavy Equipment Repair: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider award of bid for heavy equipment repair; Commissioner Butcher seconded. City Manager Williams stated staff received two bids for Tractor and Heavy Equipment Repair from Seidel Diesel Service and Griffin Diesel & Automotive Repair LLC.; staff is recommending Griffin Diesel & Automotive Repair LLC. because of location and pricing. There being no further discussion, Commissioner awarded bid to Griffin Diesel & Automotive Repair LLC.; motion carried unanimously. Consider Award of Bid: Tire Repair: Mayor Campos called for a motion. Commissioner Gandy so moved to award tire repair bid to Forrest Tire; Commissioner Sanchez seconded. City Manager Williams stated staff received three bids from M&R Tire, Lovington Tire Service, and Forrest Tire; staff is recommending Forrest Tire because they met all qualifications for this bid. There being no further discussion, Commissioners awarded bid to Forrest Tire; motion carried unanimously. Consider Approval of Accounts Payable: Mayor Campos called for a motion. Commissioner Sanchez so moved to approve the accounts payable; Commissioner Butcher second. There being no further discussion, Mayor Campos called for a vote. Motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Campos adjourned the meeting at 6:11 p.m. APPROVED: PAUL CAMPOS, MAYOR ATTEST: CAROL ANN HOGUE, CITY CLERK Page 5 of 5

6 CALLED MEETING OF THE CITY COMMISSION TUESDAY, DECEMBER 20, 1:30 P.M. CITY COMMISSION CHAMBERS, 214 S. LOVE STREET Call to Order: The meeting was called to order by Mayor Campos at 1:30 p.m. Present and answering roll call: Commissioner Sanchez, Commissioner Trujillo, and Mayor Campos Not Present: Commissioner Butcher and Commissioner Gandy Also Present: City Manager James Williams, Public Works Director Wyatt Duncan and Administrative Assistant Anna Juarez CLOSED SESSION: At 1:32 p.m., Commissioner Trujillo moved to adjourn the Regular Session and convene in Closed Session Pursuant to Section NMSA 1978 Subsection H-8 regarding the purchase, acquisition, or disposition of real property or water rights Potential purchase of land for drainage and acquisition of water rights. Commissioner Sanchez seconded, a roll call vote was taken: Commissioner Trujillo - Yes; Commissioner Sanchez- Yes; and Mayor Campos - Yes. At 1:43 p.m., Commissioner Trujillo so moved to adjourn the Closed Session and reconvene in Regular Session stating that matters discussed were limited only to those specified in the motion and no action was taken. Commissioner Sanchez seconded and a roll call vote was taken: Commissioner Trujillo - Yes; Commissioner Sanchez - Yes; and Mayor Campos Yes. ACTION ITEMS: Consider authorization for City Manager to make offer for purchase of property for drainage and water rights: Mayor Campos called for a motion. Commissioner Trujillo so moved to authorize City Manager Williams to make offer for purchase of property for drainage and water rights; Commissioner Sanchez seconded. There being no further discussion, all Aye. Motion was approved. ADJOURNMENT: There being no further business, Mayor Campos adjourned the meeting at 1:44 p.m. APPROVED: ATTEST: PAUL CAMPOS, MAYOR CAROL ANN HOGUE, CITY CLERK

7 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: STAFF SUMMARY: LCFA: FISCAL IMPACT: LCFA and P&Z Appointments Executive James R. Williams, City Manager January 3, 2017 Mike Farris, City Representative, has resigned his position from the Lea Community Foundation for the Arts. Staff are requesting interested parties to contact their Commissioner or City Hall so they can be considered for appointment at the next regular City Commission Meeting. Planning & Zoning Commission: David Lynch recently passed away unexpectedly. Staff are requesting interested parties to contact their Commissioner or City Hall so they can be considered for appointment to fulfill the unexpired term of Mr. Lynch. REVIEWED BY: Finance Director ATTACHMENTS: RECOMMENDATION: Information only. Department Head James R. Williams City Manager

8 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: MOU with Hospital for Irrigation at Health and Wellness Center DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: January 4, 2016 STAFF SUMMARY: David Shaw of Nor Lea Hospital has requested the City enter into an agreement to provide water for irrigation of the soccer pitches that will be located at the Community Health and Wellness Center. The hospital has agreed to construct, equip, and maintain the fields in exchange for allowing the public to utilize the open space. The attached MOU is in draft format and is undergoing review by legal. It is anticipated, granted there are no objections by Commission, to have this document presented for final approval by the City at the January 23, 2017 meeting. FISCAL IMPACT: $3,600 in water use annual in exchange for public use of the fields. REVIEWED BY: Finance Director ATTACHMENTS: Draft MOU RECOMMENDATION: Information only. Department Head James R. Williams City Manager

9 MEMORANDUM OF AGREEMENT FOR IRRIGATION OF THE NOR LEA HOSPITAL COMMUNITY WELLNESS AND FITNESS CENTER Between CITY OF LOVINGTON, NM & NOR LEA HOSPITAL DISTRICT This agreement ( Agreement ) is made this day of, 2017 between the Commission of the City of Lovington, New Mexico ( City ), a municipal corporation organized and existing under the laws of the State of New Mexico, acting by and through its duly constituted City Commission, hereinafter referred to as City and the Nor-Lea Hospital District, a political subdivision organized and existing under the laws of the State of New Mexico, acting by and through its duly constituted Board, hereinafter referred to as Hospital District. RECITALS WHEREAS, the Hospital District has planned for and agreed to provide funding for the construction of a Community Wellness and Fitness Center ( Center ) in Lovington, New Mexico; and WHEREAS, the Hospital District has requested assistance to provide water for irrigation of the exterior open spaces of the Center that includes soccer pitches; and WHEREAS, the Hospital District has agreed to allow public use of the soccer pitches in exchange for the provided water for irrigation NOW, THEREFORE, in consideration of the agreements and covenants contained herein the parties agree as follows: AGREEMENT 1.0 CITY CONTRIBUTION City agrees to provide and install a METER SIZE water meter at the site of the Center that will be utilized for irrigation of the outdoor open spaces located at the site. The City will provide the water at no charge. 2.0 HOSPITAL DISTRICT CONTRIBUTION The Hospital District shall construct the irrigation system and related equipment, as well as other site improvements required at the site of the outdoor open spaces and soccer pitches at the Center. The Hospital District will be responsible for all maintenance of the site. The Hospital District will allow public use of the outdoor open spaces and soccer pitches at no charge.

10 3.0 TERM The term of this agreement will begin upon the date of this agreement and will terminate five (5) years from the first day of operation of the Center. Renewal of this agreement will be at the discretion of the City and the District. 4.0 NOTICES; REPRESENTATIVES OF THE PARTIES Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. Mail, either first class or certified, return receipt requested, postage prepaid, as follows. The parties hereby designate the individuals named below as their representative responsible for overall administration of this Agreement. To City: To Hospital District: Lovington City Hall Nor-Lea Hospital District 214 S. Love Street 1600 N. Main Street Lovington, New Mexico Lovington, New Mexico Attn: James R. Williams, City Manager Attn: David Shaw, CEO 5.0 LIABILITY The Hospital District shall indemnify, defend, and hold harmless the City, its employees, agents, officers and officials from any and all claims, demands, losses, causes of action, costs, expenses, and liability of any nature whatsoever, including court costs, attorney s fees, and any expenses incurred in enforcing this provision, which may result from, arise out of, be related to, or in any way be connected with the Center being owned, managed, and operated by the Hospital District; provided, however, that nothing shall be construed to require or obligate the Hospital District to indemnify the City of Lovington against or hold the City harmless from the City s own negligent acts or omissions. 6.0 AMENDMENTS This Agreement may be amended only by a written instrument signed by all the parties, and then only to the extent of such instrument. 7.0 GOVERNING LAW This Agreement shall be governed by the laws of the State of New Mexico. Jurisdiction and venue relating to any litigation or dispute arising out of this Agreement shall be in the District Court of Lea County, New Mexico, only. If any part of this contract shall be deemed in violation of the laws or Constitution of

11 New Mexico, only such part thereof shall be thereby invalidated, and all other parts hereof shall remain valid and enforceable. If any party is found by a court to have breached this Agreement, the breaching party agrees to pay all reasonable costs, attorney s fees and expenses that shall be made or incurred by another party in enforcing any covenant or provision of this Agreement, including the expenses of in house counsel. IN WITNESS WHEREOF, we have hereunto affixed our hands and seals this day of, NOR LEA HOSPITAL DISTRICT CITY OF LOVINGTON, NEW MEXICO By: President, Board of Trustees By: Paul Campos, Mayor ATTEST: Nor Lea Hospital District Secretary of Board of Trustees By: ATTEST: Lovington City Clerk By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Nor Lea Hospital District Attorney By: Lovington City Attorney

12 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: Resolution : Execution of Washington Construction Grant DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: January 4, 2017 STAFF SUMMARY: Resolution will authorize the Mayor to execute the Cooperative Project Agreement-Construction Work with NMDOT for the Washington Avenue Streetscape Project. This project is currently in design. FISCAL IMPACT: TOTAL GRANT: $391,000 NMDOT: $334,070 Local Share: $56,930 REVIEWED BY: Finance Director ATTACHMENTS: Resolution RECOMMENDATION: Motion to approve Resolution James R. Williams Department Head City Manager

13 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION AUTHORIZING THE EXECUTION OF A NMDOT TRANSPORTATION ALTERNATIVE GRANT FOR THE WASHINGTON AVENUE STREETSCAPE WHEREAS, the Federal Highway Works Administration has made funding available through the Transportation Alternative Program to the NMDOT; and WHEREAS, the City has received funding for design of pedestrian and bicycle facitlities, ADA, and streetscape improvements; and WHEREAS, the City has started the design for these improvements on Washington Avenue between Main Street and Love Street; and WHEREAS, the City has received an additional grant for the construction of these improvements on Washington Avenue. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that the Mayor is authorized to execute the Cooperative Project Agreement for Construction Work for the Washington Avenue Project, CN DONE THIS 9 TH DAY OF JANUARY, 2017 at City of Lovington New Mexico ATTEST: Paul Campos, Mayor Carol Ann Hogue, City Clerk

14 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: Resolution : RTP Multiuse Trail Grant Construction DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: January 4, 2017 STAFF SUMMARY: Resolution will authorize the execution of a Cooperative Grant Agreement for Construction of the Multi-Use Trail and Amenities with NMDOT. Design for this project is currently underway. FISCAL IMPACT: TOTAL GRANT: $383,157 NMDOT: $327,369 Local Share: $55,788 REVIEWED BY: Finance Director ATTACHMENTS: Resolution RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

15 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION AUTHORIZING THE EXECUTION OF A NMDOT RECREATIONAL TRAILS PROGRAM GRANT FOR THE MULTI USE TRAIL PROJECT WHEREAS, the Federal Highway Works Administration has made funding available through the Recreational Trails Program to the NMDOT; and WHEREAS, the City has received funding for design of a multi-use trail and amenities; and WHEREAS, the City has started the design for the multi-use trail; and WHEREAS, the City has received an additional grant for the construction of multi-use trail. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that the Mayor is authorized to execute the Cooperative Project Agreement for Construction Work for the Multi-Use Trail Project, CN RT DONE THIS 9 TH DAY OF JANUARY, 2017 at City of Lovington New Mexico ATTEST: Paul Campos, Mayor Carol Ann Hogue, City Clerk

16 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Resolution : Title VI Plan Executive James R. Williams, City Manager January 4, 2017 STAFF SUMMARY: Resolution will approve and adopt the City of Lovington Title VI Plan. This plan will ensure that the City makes efforts to prevent discrimination of low-income and minority populations as a result of its programs and make efforts to provide meaningful access to persons with limited English proficiency. Adoption of this plan is required in order to remain eligible for federal funding. FISCAL IMPACT: REVIEWED BY: Finance Director ATTACHMENTS: Resolution Title VI Plan RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

17 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION APPROVING THE CITY OF LOVINGTON TITLE VI PLAN WHEREAS, the City of Lovington is committed to compliance with Title VI of the Civil Rights Act of 1964; and WHEREAS, the City is committed to assure every effort will be made to prevent the discrimination of low-income and minority populations as a result of its programs and activities; and WHEREAS, the City is committed to make every effort to provide meaningful access to persons that have limited English proficiency. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that City of Lovington Title VI Plan, attached hereto for reference, is approved and adopted. DONE THIS 9 TH DAY OF JANUARY, 2017 at City of Lovington New Mexico ATTEST: Paul Campos, Mayor Carol Ann Hogue, City Clerk

18 City of Lovington Title VI Plan Compliance with Title VI, Environmental Justice, and Limited English Proficiency Requirements

19 I. Nondiscrimination Statement of Policy Title VI Policy Statement The City of Lovington is committed to compliance with Title VI of the Civil Rights Act of 1964, 49 CFR, part 2, and all related regulations and directives. The City of Lovington assures that no person shall on the grounds of race, color, national origin, gender, age, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under any City of Lovington program, activity or service. Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination. Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, or age include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quantity, quality, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment. Environmental Justice/Limited English Proficiency Policy Statement The City of Lovington is also committed to assure every effort will be made to prevent the discrimination of low-income and minority populations as a result of any impact of its programs or activities in accordance with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and in Low- Income Populations. In addition, the City of Lovington also assures every effort will be made to provide meaningful access to persons that have Limited English Proficiency, in accordance with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency. Definition of Federal financial assistance and recipients affected Federal financial assistance is defined as any Federal dollars that are assigned to the City of Lovington to support any program and activity, by way of grant, loan or contract, other than a contract of insurance or guaranty. Specific Forms of Discrimination Prohibited City of Lovington efforts to prevent discrimination must address, but are not limited to: The denial of services, financial aid, or other benefits provided under a program. Distinctions in the quality, quantity, or manner in which the benefit is provided. Segregation or separation in any part of the program. Restriction in the enjoyment of any advantages, privileges, or other benefits provided to others. Different standards or requirements for participation.

20 Methods of administration which directly or indirectly or through contractual relationships would defeat or impair the accomplishment of effective nondiscrimination. Discrimination in any activities related to a highway, infrastructure or facility built or repaired in whole or in part with Federal funds. Discrimination in any employment resulting from a program, the primary purpose of which is to provide employment. City of Lovington programs and services covered by Title VI City of Lovington Title VI Plan applies to all of the City of Lovington programs, activities and services, regardless of funding source. Some sections deal with specific requirements (e.g. FTA funded programs). Authorities 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2. Federal-Aid Highway Act of 1973 (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); 3. The Age Discrimination Act of 1975, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of age); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.) as amended, (prohibits discrimination on the basis of disability); 5. Americans with Disabilities Act of 1990, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of disability) 6. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, 42 U.S.C The National Environmental Policy Act of 1969, 42 U.S.C. 4321; C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of The Department of Transportation-Effectuation of Title VI Of The Civil Rights Act of 1964); C.F.R. Part 27 (entitled Nondiscrimination On The Basis Of Disability In Programs Or Activities Receiving Federal Financial Assistance); C.F.R. Part 28 (entitled Enforcement Of Nondiscrimination On the Basis Of Handicap In Program Or Activities Conducted By The Department Of Transportation); C.F.R. Part 37 (entitled Transportation Services For Individuals With Disabilities (ADA)); C.F.R. Part 200 (FHWA s Title VI/Nondiscrimination Regulation); C.F.R. Part 35 (entitled Discrimination On The Basis Of Disability In State And Local Government Services); C.F.R. Part 50.3 (DOJ Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964).

21 II. FHWA Assurances for Title VI and Other Nondiscriminatory Statutes The City of Lovington (hereafter referred to as the "Recipient") HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), is subject to and will comply with the following: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252(, (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled non-discrimination, In Federally-Assisted Programs Of The Department of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the Acts and Regulations, respectively. General Assurances In accordance with the Act, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measure necessary to ensure that: No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from the DOT, including the FHWA. Specific Assurances More specifically and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted programs and activities: 1. The Recipient agrees that each "activity," "facility," or program, as defined in 21.23(b) and 21.23(e) of 49 C.F.R. 21 will be (with regard to an activity ) facilitated, or will be (with regard to a facility ) operated, or will be (with regard to a program ) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient shall insert the following notification in all solicitations for bids, Request For Proposals for work, or material subject to the Acts and the Regulations and made in connection with the Federal Aid Highway Program, and in adapted form, in all proposals for negotiated agreements regardless of funding source: The City of Lovington in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in

22 response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Act and Regulations. 4. The Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend the right to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties. a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired, or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the Assurance obligates the Recipient or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the officials to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this Assurance. By signing this Assurance, City of Lovington also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the Federal Highway Administration access to records, accounts, documents, information, facilities, and staff. You

23 also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the Federal Highway Administration. You must keep records, reports, and submit the material for review upon request to the Federal Highway Administration, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The City of Lovington gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under Federal-Aid Highway Program. This ASSURANCE is binding on it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors, transferees, successors in interest and other participants in the Federal-Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. By Dated: Paul Campos, Mayor

24 Appendix A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the contractor ) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time-to-time, (hereinafter referred to as the Regulations ), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of the 49 CFR Part Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Lovington, New Mexico Department of Transportation, or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the City of Lovington or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor s non-compliance with the nondiscrimination provisions of this contract, the City of Lovington will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating or suspending the contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City of Lovington or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the

25 contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City of Lovington to enter into any litigation to protect the interests of the City of Lovington. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

26 Appendix B Covenant Running with the Land Assurance The following clauses shall be included in deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the City of Lovington will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Lovington all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (Habendum Clause) TO HAVE AND TO HOLD said lands and interests therein unto the City of Lovington and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Lovington, its successors and assigns. The City of Lovington, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such lands hereby conveyed [,] [and]* (2) that the City of Lovington will use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department shall have a right to enter or reenter said lands and facilities on said land, and the above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such clause is necessary in order to Make clear the purposes of Title VI of the Civil Rights Act of 1964.

27 Appendix C Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Lovington, pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add as a covenant running with the land ] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the City of Lovington will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) and never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Lovington will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Lovington and its assigns.* (* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

28 Appendix D Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility or Program The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Lovington pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, as a covenant running with the land ) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, the City of Lovington will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess sais land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to the deeds, in the event of breach of any of the above Non-discrimination covenants, the City of Lovington will there upon revert to and vest in and become the absolute property of the City of Lovington and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

29 Appendix E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the contractor ) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq., 78 stat. 252), (prohibits discrimination on the basis of race, color national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaces or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (29 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL ), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities to include all of the program or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C ) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration s Non-discrimination statute (49 U.S.C ) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your program (70 Fed. Reg. at to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (U.S.C et seq.)

30 III. Public Participation Plan (PPP) The City of Lovington is committed to providing minorities and low to moderate income groups information, technical assistance, a means to report and obtain timely answers to complaints or grievances, and meeting the needs of non-english speaking person. The City will identity minority and low to moderate income populations through demographic data obtained through the U.S. Census Bureau, City Commissioners, liaisons from the community representing said groups, and input received by City staff. The City shall communicate and conduct outreach with all groups, including Limited English Proficient individuals, by providing information on the City website and social media pages, distribution of printed information in municipal utility bills, advertisement in the local newspaper, and posting information in public buildings and facilities that serve groups. Through its public involvement efforts, the City will strive to achieve the following Title VI and Environmental Justice goals: Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority population and low to moderate income populations. Ensure the full and fair participation by all potentially affected communities in the transportation decision making process. Prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low to moderate income populations. The City views input from any group as valuable and considers it in any decision it makes. When regarding specific programs that may directly benefit minorities or low to moderate income, it is imperative the City actively solicits input by using the aforementioned demographic information gathering processes and the methods identified in the following PPP objectives. Environmental Justice concerns and goals should be considered throughout all public engagement efforts from project planning through construction and operation. This includes public outreach conducted during transportation planning and during the environmental reviews required by the National Environmental Policy Act (NEPA). Objective A The City of Lovington will provide for and encourage citizen participation within its area of jurisdiction, with particular emphasis on participation by minority and low to moderate income populations. Action items: 1. Adopt and circulate an Open Meetings Resolution which provides citizens with reasonable notice of the City of Lovington s upcoming meetings, actions and functions. 2. Develop press releases on county/municipality meetings, actions and hearings, and circulate to newspapers, radio and television media.

31 Objective B 3. Develop and maintain listing of groups and representative of low and moderate income persons, and include on mailing lists of announcements, notices, press releases, etc. 4. When possible, public meetings will be held in locations that are convenient to low and moderate income neighborhoods and accessible to disabled populations. Such locations include the Lovington Senior Citizens Center, Youth Center, and public schools. Where possible, City staff will meet at the locations of businesses, neighborhood groups, stakeholders, and other agencies. The City of Lovington will provide citizens with reasonable and timely access to local meetings, information, and records. Action items: Objective C 1. Public notices, press releases, etc., should allow for a maximum length of notice to citizens. 2. Appropriate information and records relating to the proposed and actual use of municipal funds must be available upon request to all citizens. Personnel and income records may be exempted from these requirements. 3. Meetings, hearing, etc., should be conducted at times and locations conducive to public attendance, e.g., evenings, Saturdays. 4. The following statement will be included in all agendas: If you are an individual with a disability who is 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 the City Clerk at 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 if a summary or other type of accessible format is needed. The City of Lovington will provide technical assistance to groups and representatives of minorities and low to moderate income persons that request assistance in developing proposals. Note: the level and type of assistance is to be determined by the City of Lovington. Action items: Objective D 1. Minorities and low and moderate income groups should be advised that technical assistance, particularly in the area of community development, is available from the municipality upon request. 2. Document technical assistance provided to such groups and has documentation available for review

32 The City will provide timely written answers to written complaints and grievances within fifteen (15) working days where practical. Action items: Objective E 1. Adopt complaint handling procedures or policies to ensure that complaints or grievances are responded to within 15 days, if possible. 2. Allow for appeal of a decision to a neutral authority. 3. File a detailed record of all complaints or grievances and responses in one central location with easy public access. The City of Lovington will identify how the needs of Limited English Proficient individuals will be met in the case of public hearings where a significant number of residents can be reasonably expected to participate. Action items: 1. Identify areas where large majorities of Limited English Proficient persons reside and make appropriate provisions when issues affecting these areas are to be discussed at public meetings, hearings, etc. Appropriate provisions will include having interpreters available at the meeting and having briefing material available in the appropriate language. 2. Maintain records/rosters of public hearing attendees and proceedings to verify compliance with this objective. IV. Organization/Staff Responsibilities Organizational Overview: The City of Lovington operates under the Commission-Manager form of government with the City Manager serving as the head of the Executive branch of City government. Five Commission members are elected to staggered terms, with the Mayor selected by a vote of the Commission. The responsibilities of the City of Lovington s Title VI Coordinator fall under the scope of duties assigned to the Assistant City Manager. For more detail, please see the Organizational Chart on the next page. Title VI Coordinator Responsibilities: The Title VI Coordinator is responsible for the development and implementation of the Title VI plan. The Coordinator must also ensure that all entities of the City of Lovington are compliant with Title VI requirements. The Title VI Coordinator is also responsible for: Submitting a Title VI plan and annual reports for City of Lovington Developing procedures for receiving, processing, investigating and reporting Title VI complaints. Maintaining a Title VI complaint log, and report to NMDOT on a periodic basis. Developing procedures for the collection and analysis of statistical data. Developing a program to conduct Title VI reviews or program areas. Conducting annual assessments of identified Title VI program areas. Developing Title VI information for dissemination.

33 Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary.

34

35 V. Primary Program Area & Review Procedures The City of Lovington engages in the following program areas. Program Area General Description Title VI/ Nondiscrimination Concerns and Responsibilities Planning Senior Citizens Center Comprehensive planning updates Comprehensive program for geriatric citizens. Yes. These are addressed by utilizing the communications measures listed. Responsibilities are delegated to the Coordinator. Any concerns are addressed by the Center Director, who collaborates with the Title VI Coordinator. Review Procedures for Ensuring Nondiscrimination Notification and inclusion of representatives of minorities during each step of the process. Annual review of policy s, procedures, and programs. Youth Center Comprehensive program for area youth. Any concerns are addressed by the Center Director, who collaborates with the Title VI Coordinator. Annual review of policy s, procedures, and programs.

36 VI. Title VI Complaint Procedures The complaint procedures cover the following: Title VI of the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1973 Civil Rights Restoration Act of 1973 Civil Rights Restoration Act of 1987 Americans with Disabilities Act of 1990 Executive Order Executive Order Any person believing, he or she has been excluded from, denied participation in, denied the benefits of, or otherwise has been subjected to discrimination under any transportation service, program or activity (whether Federally funded or not) due to that person s race, color, national origin, gender, age, disability, economic status, or limited English proficiency has the right to file a complaint. An individual, group of individuals or entity may file a formal Title VI complaint. Complaints must be submitted to the City of Lovington Title VI Coordinator in writing, signed and dated, within 180 days of the alleged discriminatory act (or latest occurrence). The complaint should be submitted to the following address: Attn: Title VI Coordinator City of Lovington 214 S. Love St. Lovington, NM The complaint should include the name, address, phone number and signature of complainant. The formal complaint should describe the alleged discriminatory act that violates Title VI in detail. Title VI complaints may also be filed directly with the United States Department of Transportation (USDOT), Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA) or the Federal Railroad Administration (FRA) within the 180 day period of the alleged discriminatory act (or latest occurrence). Title VI complaints must be investigated within 60 days. Investigating a complaint includes interviewing all parties involved and key witnesses. The investigator may also require relevant information. The City of Lovington may specify if there is a particular individual(s) that the City of Lovington should not investigate the complaint due to conflict of interest or other reasons.

37 Title VI complaints may be forwarded to either the New Mexico Department of Transportation or the Federal Highway Administration for investigation, if the complaint is forwarded to one of these agencies. The City of Lovington will provide the name and contact information for the person handling the Title VI complaint to the complainant. Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation. Any alleged retaliation should be reported in writing to the investigator. Title VI complaints may also be filed directly with the following agencies: New Mexico Department of Transportation Construction and Civil rights Bureau 1570 Pacheco St. Suite A10 Santa Fe, NM Phone: (505) Federal Highway Administration, New Mexico 4001 Office Court Dr. Suite 801 Santa Fe, NM Phone: (505)

38 City of Lovington Title VI Complaint Form Section I Name: Address: Telephone (Home/Cell): Telephone (Work): Address: Section II Are you filing this complaint on your own behalf: Yes o No o *If you answered yes to this question, go to Section III. If you answered no please enter the name Name: and relationship of the person you are filing the complaint against: Relationship: If you are filing a complaint as a third party, please explain why in the space below: Have you have obtained permission of the aggrieved party if you are filing on behalf of a third party: Yes o No o Section III I believe the discrimination I experienced was based on (check all that apply): o Race o Color o National Origin Date of Alleged Discrimination (Month, Day, Date: Year): Explain, as clearly as possible, that happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as the names and contact information of any witnesses. If more space is needed please attach additional sheets to this form: Section IV Have you previously filed a Title VI complaint)? Yes o No o Section V

39 Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? Yes o No o If yes, please check and name all that apply: o Federal Agency: o Federal Court: o State Agency: o State Court: o Local Agency: Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Section VI Name of agency complaint is against: Contact person: Title: Telephone number: Signature: Date: Please submit this form in person at the address below, or mail form to: Title VI Coordinator City of Lovington 214 S. Love St. Lovington, NM 88260

40 VII. Title VI Program Management Procedures The City of Lovington provides a full range of municipal services that include public safety, utility service (water and wastewater), cultural, community centers, public parks, and infrastructure development and maintenance. In regards to transportation projects, the City utilizes a citywide street assessment that provides a unified means of identifying the extent of work to be performed on the roadway based on its current condition. Public hearings are also conducted to determine the priority of road repair and/or replacement, while at the same time ensuring that inclusion of Americans with Disabilities Act transition plans are being satisfied. The Section III of the PPP identifies the steps and procedures that the City will take to ensure that low to moderate income and minority populations are represented or have the ability to participate in each step of the planning, design, and construction of roadways within the City of Lovington. The City of Lovington Title VI Coordinator shall: Ensure the transportation planning process fully complies with the requirements of Title VI. Monitor the transportation planning process overall strategies and goals and ensure compliance with Title VI requirements. Review operational policies and procedures to ensure Title VI compliance. Monitor the service equities of planning data collection and analysis for potential impacts on social, economic, and/or ethnic groups. Ensure the planning organizational membership attempts to reflect the makeup of the population served. This would include periodically reporting the MPO/RPO racial, ethnic, and gender composition of public involvement organizations or groups. Ensure the opinions and views of all groups within their populations are solicited and considered in the planning of transportation projects. Monitor compliance with Environmental Justice issues to identify low-income and minority populations that may be impacted by transportation planning process. Evidence that input from minority groups/persons has been considered in the transportation planning process. Evidence could include but is not limited to the participation level and composition of participants in public information settings. Also reporting any follow-up and conclusions to issues communicated throughout the planning process.

41 Monitor the gathering and utilization of demographic data used to identify and locate lowincome and minority populations in order to investigate the possible benefits and detriments of transportation plans on these populations. Monitor compliance with Limited English Proficiency populations to improve access and comprehension of the transportation planning process for individuals comprising the LEP population. VIII. Title VI Related Training The City of Lovington Title VI Coordinator shall ensure that staff is trained and familiar with City of Lovington related policies and procedures. Related Title VI training will be provided by the Title VI Coordinator to senior management and others to discuss practical situations and how Title VI applies to the planning and public participation processes. Training may also be provided through FHWA-sponsored webinars and training resources. The NMDOT Office of Equal Opportunities can be contacted to provide on-site Title VI training. IX. Limited English Proficiency (LEP) Plan Recipients of federal funding should conduct a Four Factor Analysis to prevent discrimination of the basis on limited English Proficiency. The Four Factor Analysis includes the following factors: Number or Proportion of LEP Individuals: This factor should describe your efforts to provide meaningful opportunities to your Limited English Proficient population. You organization should ask What number or proportion of individuals will be excluded from benefits or services absent efforts to remove language barriers? Frequency of Contact with the Program: If LEP persons must access your program/activity daily; the recipient has a greater responsibility to tailor their services to the needs of LEP persons. This factor should be data driven and decisions should be in direct correlation through whatever data gathering exercises your organization uses. Nature and Importance of the Program: The need LEP individuals have access to benefits and services amplify with programs where the denial or delay of access may have life or death implications. Recipients should identify programs of this type of importance and describe the process to ensure LEP persons are not denied or delayed in the service or benefit of that service. Resources Available: Your organization s may have limited resources may not have to take the same steps as a larger organization to provide LEP assistance in programs that have a limited number of LEP persons (e.g., where contact is infrequent, where the total cost of providing language services is relatively high, and/or where the program is not

42 crucial to a person s day to day existence.) Claims of limited resources will need to be well-substantiated. Translations needed, written: Meeting agendas Resolutions Ordinances Meeting minutes Meeting announcements Translations needed, verbal, provided 1 week advanced notice or need per requirement listed on published agenda: X. External Communication (Notification to public beneficiaries) The City of Lovington will provide information to members of the public detailing the City s Title VI obligation and notify members of the public of the protections against discrimination afforded to them by Title VI. Requirements including: Dissemination of Information: The City will disseminate this information to members of the public via accessible printed and electronic media, including posting on the entities website. Contents of Notification: At a minimum, the notification should include the following: 1. Statement that the City operates the Federal Program(s) without regard to race, color, national origin, sex, age, or disability. 2. Identify procedures to be followed by members of the public to request additional information regarding the City s Title VI obligation. 3. Identify procedures to be followed by members of the public to file a discrimination complaint against the City.

43 X. Data Collection Census and other statistical data will be collected by the City as a means of identifying low to moderate income and minority populations with the City of Lovington. The data will be maintained for the purpose of planning projects and programs that serve various population groups. The data collection process will be reviewed regularly to ensure sufficiency in meeting Title VI requirements. Program Area Roadway Improvements Youth Center Senior Center Type of Data Collected & Process for Collecting Household type, annual income, minority status Household type, income, minority status, age range Household type, income, minority status, age range Intended Outcome of Data Analysis (i.e. Title VI Purpose for Collecting Data) Title VI, CDBG eligibility determination Title VI, program development, grant data Title VI, program development, grant data

44 XI. Notice of Rights The Notice of Rights, as stated below, will be disseminated to the public by an annual publication in the local newspaper, publication on the City website, and an annual hard copy mailed to each municipal utility customer once per year. Your Rights Against Discrimination Under Title VI of the Civil Rights Act of 1964 The City of Lovington operates its programs and services without regard to race, color, national origin, sex, age, and disability. Anyone who believes they have been excluded from participation in, denied benefits of, or otherwise subjected to discrimination under any City of Lovington program or activity because of their race, color, national origin, age, sex, or disability may file a discrimination complaint with the City of Lovington. To file a Title VI discrimination complaint, please contact: Title VI Coordinator City of Lovington 214 S. Love St. Lovington, NM 88260

45 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: Resolution : Water Meter Installation DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: January 4, 2017 STAFF SUMMARY: The City solicited and received bids from the following companies for the installation of the 2,287 radio read water meters: Smithco Construction, Inc. M&M Excavating, Inc. Utility Metering Solutions The bids were tabulated and certified by the project engineer. As this project is being funded with NM Environment Capital Outlay Funds, review was made by the NMED CPB and they concur with the recommendation of award to Utility Metering Solutions. FISCAL IMPACT: $263, Capital Outlay Funding REVIEWED BY: Finance Director ATTACHMENTS: Resolution Certified Bid Tab Engineer Recommendation of Award RECOMMENDATION: Motion to approve Resolution which will award project to Utility Metering Solutions. Department Head James R. Williams City Manager

46 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION WATER METER PROJECT INSTALLATION CONTRACT WHEREAS, the City of Lovington solicited bids for the installation of radio read water meters; and WHEREAS, the received bids on December 6, 2016; and WHEREAS, the bids were reviewed by the project engineer who has certified the bid tabulation and provided a recommendation for award; and WHEREAS, the New Mexico Environment Department Construction Programs Bureau has concurred with the engineer s recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that the radio read water meter installation project is awarded to Xtralight Manufacturing Ltd, dba Utility Metering Solutions and directs staff to have the construction contracts executed. DONE THIS 9 TH DAY OF JANUARY, 2017 at City of Lovington New Mexico ATTEST: Paul Campos, Mayor Carol Ann Hogue, City Clerk

47 City of Lovington, Lea County, New Mexico Water Meter Improvements Bid # 2016-RRMI Bid Opening 12/06/2016, 10:00 am Engineer's Estimate Smithco Construction, Inc. M & M Excavating, Inc. Utility Metering Solutions Item Bid No. Description Unit Est Qty Price Total Price Total Price Total Price Total 1 Mobilization / Demobilization LS 1 $ 29, $ 29, $ 15, $ 15, $ 8, $ 8, $ 8, $ 8, Pre-Construction and Condition Survey of Existing Meters: GPS Location, Sizes and Quantities as described in section of the technical specifications LS 1 $ 10, $ 10, $ 50, $ 50, $ 11, $ 11, $ 24, $ 24, Remove & Salvage Existing Meters to City of Lovington EACH 2287 $ $ 77, $ $ 45, $ $ 109, $ 7.50 $ 17, ¾ or 5/8" Water Meter for AMR (Install) EACH 2287 $ $ 89, $ $ 114, $ $ 164, $ $ 113, Replace Damaged Existing Meter Cans w/ HDPE Can (furnish, salvage to City & install as necessary) * EACH 572 $ $ 85, $ $ 71, $ $ 48, $ $ 36, Meter Can Removal in Concrete incl. saw cut/ removal/ replacement concrete as necessary** EACH 115 $ $ 28, $ $ 28, $ $ 22, $ $ 46, Assumptions: * Estimated 25% of existing meter cans are not reusable and must be replaced. ** Data provided by City of Lovington. *** Estimated 5% 1. If the bid price is different from the funding limit, a unit price driven change order will decrease/increase the scope of the project to match available funds. 2. Damaged Meter Lid Replacements will be provided by the City of Lovington. Base Bid Project Cost $321, $325, $364, $ 245, $ 245, Contractor License No. GA98, GB98, GF02, GF04, GF09, NM01, NM02, GA 98, GF08, GF09, GS05, GS08, MS03, GS29, Resident Contractor Certificate L n/a n/a Resident Contractor Preferance (5%) Workforce Solutions Registration No. -$16, n/a n/a Resident Veteran Business Certificate n/a n/a n/a

48 20 December, 2016 City of Lovington 214 S. Love Street Lovington New Mexico RE: Water Meter Improvements Bid No.: 2016-RRMI Dear Commissioners, Contractor's Bids for construction of work associated with the above-referred Project were received and publicly opened at 10:00 a.m. on December 6, 2016 in accordance with the Specifications and Contract Documents. Three bids were received: 1) Smithco Construction, Inc. Caballo, NM Total Bid $ 350, ) M & M Excavating, Inc. Carlsbad, NM Total Bid $ 391, ) Xtralight Manufacturing Ltd, dba Utility Metering Solutions Houston, TX Total Bid $ 263, The Engineer's Estimate for construction is: Total Bid $ 413, The Total Bid shown includes 7.25% Gross Receipts Tax 2 Estimate total includes 20% Contingency.

49 20 December, 2016 Page 2 of 2 The Bid received from Xtralight Manufacturing Ltd, dba Utility Metering Solutions (XLM/UMS) is considered irregular. The Base Bid Project Cost had an addition error in the amount of $0.50. The correct amount is reflected on the attached Certified Bid Tabulation. This irregularity does not affect the Recommendation of Award. Upon review of the applicable 5% Resident Bidder Preference, Xtralight Manufacturing Ltd, dba Utility Metering Solutions is the low bidder for the Total Bid. Xtralight Manufacturing Ltd, dba Utility Metering Solutions Total Bid is less than the Engineer s Estimate (Approx. 64%). Pettigrew & Associates contacted PSI/Construction Industries Division to verify the specialty classification construction license GS 29 held by Xtralight Manufacturing Ltd. The specialty classification is Meter Replacement. It is recommended that the Total Bid be awarded Xtralight Manufacturing Ltd, dba Utility Metering Solutions at the Unit Price Bid per item of Work in the amount of $263, A Certified Bid Tabulation is attached for your review. Upon request, representatives of this firm will be present at the next scheduled Commission meeting. Sincerely, Pettigrew & Associates, P.A. David A. Roybal, PE

50 City of Lovington, Lea County, New Mexico Water Meter Improvements Bid # 2016-RRMI Bid Opening 12/06/2016, 10:00 am Engineer's Estimate Smithco Construction, Inc. M & M Excavating, Inc. Utility Metering Solutions Item Bid No. Description Unit Est Qty Price Total Price Total Price Total Price Total Resident Veteran Business Credit (5%) n/a n/a n/a Addendum 1 Acknowledged yes yes yes Addendum 2 Acknowledged yes yes yes Bid Bond yes yes yes Contingency (20%) $64, n/a n/a n/a Base Bid Project Cost Less Bidder Preference n/a $309, n/a n/a NMGRT 7.25% (Calculated without applying Resident and Veteran's preferance reductions) $27, $24, $26, $ 17, $ 17, TOTAL BID PRICE $ 413, $350, $391, $ 263, $ 263, ENGINEER'S CERTIFICATE: I Hereby Certify that is TABULATION IS True and Correct. David A. Roybal, P.E NM No

51 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Resolution for Variance - Faye Heights Block 3 Planning and Zoning Crystal Ball, Planning and Zoning Coordinator January 4, 2016 STAFF SUMMARY: The owners of lots 15A - 21A recently re-platted their property to adjust lot lines to where only one duplex would be located per lot. During the replat, setbacks could not be met with the existing structures in side yards. The Planning and Zoning Commission recommended approval of the variance request at the December 13, 2016 meeting. No safety or sight concerns have been identified. Final approval by the Commission is required and a Resolution granting approval has been provided should the Commission grant such approval FISCAL IMPACT: REVIEWED BY: Finance Director ATTACHMENTS: Resolution for approval Plat of Block 3 RECOMMENDATION: Motion to approve variance request by Resolution. Please request a Resolution number from the Clerk when making the motion. Department Head James R. Williams City Manager

52 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION APPROVING A VARIANCE FOR SIDE YARD SETBACKS IN THE FAYE HEIGHTS ADDITION FOR CERTAIN LOTS IN BLOCK 3 WHEREAS, the owners of Lots 21A, 20A, 16A, and 15A have requested a variance in side yard setbacks; and WHEREAS, the Lovington Planning and Zoning Commission recommended approval of the request for the variance at the December 13, 2016 meeting; and WHEREAS, final review and approval is required by the Lovington City Commission. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that the following variances for the identified lots in Block 3, Faye Heights Addition of the City of Lovington are approved: 1. Lot 21A Street side yard setback of 14.7 on south side of the lot and a side yard setback of 4.9 on the north side of the lot. 2. Lot 20A Side yard setback of 4.9 on the south side of the lot 3. Lot 16A Side yard setback of 4.9 on the north side of the lot 4. Lot 15A Side yard setback of 4.9 on the south side of the lot DONE THIS 9 TH DAY OF JANUARY, 2017 at City of Lovington New Mexico ATTEST: Paul Campos, Mayor Carol Ann Hogue, City Clerk

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54 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: January 9, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Resolution for Street Light Placement - 13th and Yucca Planning and Zoning Crystal Ball, Planning and Zoning Director January 4, 2017 STAFF SUMMARY: An unknown citizen requested Lea County Electric install additional street lights in the area of 13th and Yucca. This request was submitted to the City as we are responsible for payment of the utility bills for public street lights. A review of the area revealed a burned out light, which has been repaired and increased lighting in the area. In addition, it was noted that large trees, located on private property, do interfere with street lighting and could be trimmed or pruned to improve the area. This request was presented to the Planning and Zoning Commission and they recommend not approving the request. Final review and approval is required by the City Commission. A Resolution has been prepared to approve or deny this request. FISCAL IMPACT: Each additional street light increased the utility bill by $105. REVIEWED BY: Finance Director ATTACHMENTS: Resolution Current light placement RECOMMENDATION: Motion to not approve additional street lights in this area by Resolution. Please request Resolution number when making motion. Department Head James R. Williams City Manager

55 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION FOR STREET LIGHT INSTALLATION IN AREA OF 13 TH STREET AND YUCCA WHEREAS, an unknown individual made a request to Lea County Electric for the placement of additional street lights in the area of 13 th and Yucca; and WHEREAS, this request was presented to the Lovington Planning and Zoning Commission at the December 13, 2016 meeting; and WHEREAS, the recommendation from the Planning and Zoning Commission was to not approve the installation of additional street lights in this location due to the recent repair of a street light has improved conditions and private property trees can be pruned and/or trimmed to increase the available lighting; and WHEREAS, final review and approval is required by the Lovington City Commission. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that the request for additional street lights is APPROVED NOT APPROVED DONE THIS 9 TH DAY OF JANUARY, 2017 at City of Lovington New Mexico ATTEST: Paul Campos, Mayor Carol Ann Hogue, City Clerk

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