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Information about the Legal Department.

The Legal Department helps establish and administer franchise agreements with local utility and telecommunications providers and cable operators.

Utilities and Franchise Division

In 2002 a franchise agreement with the cable company, Comcast CableVision was negotiated and approved by the City Council. To review the approved agreement, select the link at left, "Comcast Franchise Agreement."

The City Attorney's Office takes complaints from residents concerning the cable company. If you would like to file a complaint, please complete the Cable Complaint Form.

Franchise Agreements such as the Comcast Franchise Agreement and others can be found at the City of Albuquerque's Code of Ordinances site. Please refer to Chapter 13 (Business and Occupations Chapter) for all utility franchise agreements. The franchises in effect are listed below.

  • Gas Franchise 13-4-8-1
  • Electricity Franchise 13-4-2
  • Brooks Fiber Franchise 13-4-5
  • GST Lightwave Franchise 13-4-6
  • American Communications Services of Albuquerque 13-5-3-1

The Real Estate and Land Use Division

The Real Estate and Land Use Division (RELU) handles all real property transactions for the City and litigates all land use disputes involving the City, including quiet title actions, rezoning of property, eminent domain actions, public infrastructure construction, animal control cases, zoning code violations and foreclosure actions.

RELU also advises numerous City administrative boards and commissions, including the Police Oversight Commission (POC), the Environmental Planning Commission (EPC), the Development Review Board (DRB), the Metropolitan Redevelopment Agency (MRA) and The Board of Appeals (BOA).

The Litigation Division

The Litigation Division defends the City and City employees during trial, hearings, and appeals in lawsuits alleging Section 1983, Title VII, personal injury, and premises liability claims.

The Employment Section

The Employment Section is organizationally part of the Litigation Division, but its attorneys and staff work exclusively in the areas of employment, personnel and labor law, and report directly to the City Attorney.

The Employment Section advises the City departments on employment and personnel matters, working closely with the Human Resources representatives for each department; represents the City before the Personnel Board, the Labor Board and various courts in matters involving employee grievances and discipline as well as labor management and collective bargaining issues.

The Municipal Affairs Division

The Municipal Affairs Division attorneys and staff provide legal services to a variety of City departments, the Office of the Mayor and City Council regarding Environmental Health Department issues including noise, food sanitation, swimming pools and air quality; DFAS Purchasing (procurement of goods and services for the City, review of City contracts); Albuquerque Housing Authority (Public Housing and Section 8 Housing Choice vouchers and related matters, including evictions); Aviation Department matters; telecommunication franchises, cell tower leases and related rights-of way issues and licenses; bankruptcies regarding amounts owed to the City; liquor licenses owned by and granted by the City; and HUD programs to stabilize neighborhoods.

In addition to representing the City in administrative hearings and various courts, and drafting contracts, ordinances and regulations, the attorneys attend meetings and hearings of the Albuquerque Housing Authority Board, the city-county Air Quality Control Board, the Cable Franchise and Hearing Board (Cable Board), the Airport Advisory Board, the Small Business Regulatory Advisory Commission (SBRAC), and the Housing Advisory and Appeals Committee (HAAC).

The Safe City Strike Force

The Safe City Strike Force enforces many of the City’s Codes and Ordinances including the Nuisance Abatement Ordinance (11-1-1-1 et. seq.), the Uniform Housing Code (14-3-1-1 et seq.) and related rules and regulations. SCSF seeks remedies allowed by State law for abatement of “public nuisances” including but not limited to the demolition of persistently non-complaint properties.

SCSF handles most of the citizen complaints referred to the Legal Department by 311. SCSF meets twice a month with the Police Department, the Fire Department, the Family and Community Affairs Department, Planning, Animal Services and City Council to coordinate efforts to deal with problem properties.

SCSF enforces the vehicle forfeiture program and litigates challenges to the seizure of the vehicles of repeat drunk drivers or those driving on revocation. SCSF staffs the Metropolitan Court Traffic Arraignment Program.

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