Saba Rasheed, in her capacity as Trustee of the Rasheed and Saba Rasheed Revocable Trust, has submitted an application for a building permit (No. 23-0134) concerning a contemplated self-storage development at 3198 W. Hwy. 66. The land on which the development is planned (owned by the Trust) does not currently have electrical service, and the subject easements are provided to enable the installation, maintenance and repair of such service, together with communications facilities, thereby allowing issuance of the required permit. The easement grant forms (attached) have been reviewed and approved by personnel in the City’s Electric Department and by the City Attorney, have been signed by the grantors, and are before the Council for acceptance by motion authorizing execution by the Mayor.
The City has contracted the services of Stein & Brockmann, a law firm, to support the City’s legal work and endeavors in establishing City water wells in conformance with regulating agencies and City agreements. As a result, the City receives periodic invoices from this law firm.
This agenda item requests council approval for a budget adjustment of $60,000 to be transferred from Capital Account 306-6063-444.45-30, Project Number CP0536 to Capital Account 306-6063-444.45-20, Project Number JU2101. These additional funds will be used to pay current and future invoices received from Stein & Brockmann, P.A..
The City of Gallup, has submitted a request to the Mayor and Council for consideration of adoption of the New Mexico Administrative Code, Title 14 NMAC Housing and Construction, Chapters 5-10,12 as the official Building Code of the City of Gallup and the Accessible and Usable Buildings and Facilities ICC A117.1-2017 American National Standard as the official Accessibility Code of the City of Gallup.
The State of New Mexico has recently undergone adoption of the New Mexico Administrative Code Title 14, Chapters 5-10,12 and the Accessible and Usable Buildings and Facilities ICC A117.1-2017 American National Standard. Adoption of the New Mexico Administrative Code (NMAC) adopts by reference the following:
Adoption of the NMAC also adopts by reference Construction Industries General Provisions, Construction Industries Licensing all Plumbing, Mechanical and Electrical Codes, Other Building Codes and Standards and Manufactured Housing Codes currently adopted by the State of New Mexico. These codes must be adopted by each municipality in order to be enforced within that municipality even though the State of New Mexico Construction Industries Division permits and inspects all plumbing, mechanical and electrical work performed within the City of Gallup.
Adoption of the Accessible and Usable Buildings and Facilities ICC A117.1-2017 American National Standard will be done as part of this ordinance but will be a separate standalone document.
Chapter 3, Article 17, Section 3-17-6A (11) of the New Mexico Statutes Annotated 1978 requires all municipalities within the State of New Mexico to adopt codes at least equal to the state requirements on the same subject. The last code update was performed in 2017 at which time the City adopted the minimum state standards as required by law. This latest code update and adoption is consistent with the State of New Mexico Construction Industries Division’s latest update and adoption of the most current regulations.
The Behavioral Health Department was awarded Resiliency in Communities After Stress and Trauma (ReCAST) funding for one full-time Coordinator. The funding was budgeted when we were awarded the grant. I now need approval for the position. The Behavioral Health Department was also awarded Preventing Alcohol-Related Deaths (PARD) Funding for an Outreach Coordinator. The position will be transferred from Contratual to a City Employee.
The WPF-5959 Loan/Grant Agreement (attached) provides a total of $10,800,000 ($1,080,000 loan/$9,720,000 grant) to fund storage, conveyance and delivery of water to the City’s end users (the “Project”), in particular, the design and construction of permit G-80 water wells, including related work and revisions necessary to complete the Project. The loan amount of $1,080,000, together with an administrative fee of 0.25% is be payable by the City in twenty (20) annual installments, beginning June 1, 2026 and ending June 1, 2045. As in other cases of WTB funding, the loan amount is pre-payable at the close of the “interim period” (24 months from the date of the loan/grant) without penalty. The administrative fee is due and payable annually on June 1 of each year while any portion of the loan is outstanding. Payment of the loan amount and the administrative fee is to be secured by the net revenues generated by the City’s water utility system as defined in the Loan/Grant Agreement.
The Loan/Grant Agreement requires the City to commit an “Additional Funding Amount” of $1,620,000, and to warrant that the loan/grant amount, together with the Additional Funding Amount and other moneys reasonably expected to be available to the City, is sufficient to complete the Project in its entirety. Accordingly, although the loan/grant amount may be sufficient to complete the Project, the City will be obligated to advance up to an additional $1,620,000 towards completion if that is not the case. It is currently expected that the Additional Funding Amount will be obtained through a WaterSmart Grant.
Other terms of the Loan/Grant Agreement are summarized in the proposed Ordinance (attached). As indicated by the Ordinance, the City has requested changes to Sections 16 and 17 to correct provisions in the draft supplied by WFA counsel that are inconsistent with the City's Charter and Code.
As indicated by the attached documents, the Loan/Grant Agreement and related instruments are complex and require detailed review. Staff review is ongoing, and has yet to be completed. (The Loan/Grant Agreement currently contemplates a closing date of February 23, 2024.) However, at this time, Staff believe the City should proceed with the Loan/Grant Agreement and related documents. At base, the Loan/Grant is needed to drill and complete wells that will augment and help assure the City’s supply of potable water in light of delays and uncertainties attending the NGWSP.