(A) Inspection of PNM's books, confidentiality, and public records. PNM shall make available to the city, upon ten days written notice, such information directly pertinent to the payment of the franchise fees pursuant to the terms of §§ 13-4-2-1 et seq., in such form as PNM can reasonably make available. Subject to New Mexico public records laws, if PNM considers any such information that PNM provides to the city and/or that the city reviews in camera as confidential and proprietary, the information shall be so marked and shall not be disclosed or used for any purpose, other than verifying and/or enforcing proper computation and payment of franchise fees in accordance with the terms of §§ 13-4-2-1 et seq.. However, if the city must release any such confidential material pursuant to a valid court order, the city shall so advise PNM in a timely fashion so that PNM may take appropriate steps to protect its interests.
(B) Annual franchise fee reports. PNM shall submit a report verified by the PNM controller setting forth the computation of gross revenues used to calculate the franchise fee on an annual basis for the preceding year.
(C) Changes in city's municipal boundaries. The city shall notify PNM in writing of any changes in the municipal boundaries of the city within 30 days of any extension or contraction of such municipal boundaries becoming effective. Such notice shall be delivered to:
Public Service Company of New Mexico
Attn: Tax Department
MS 1025, 414 Silver SW
Albuquerque, NM 87102
The notice shall provide a description of the new and former municipal boundaries. PNM shall have no obligation to calculate, collect or pay the franchise fee attributable to any newly extended municipal boundaries until 30 days have elapsed from PNM's receipt of such notice.
(D) Amendment and addendum. At any time during the term of Ord. 2020-015, the city or PNM may propose an amendment or addendum to the ordinance by giving 30 days' written notice to the other of the proposed amendment or addendum desired, and both shall negotiate in good faith in an effort to agree upon a mutually satisfactory amendment. Such amendment shall become effective upon adoption and passage of an amending ordinance by the city in accordance with the requirements of local and state law.
Mayor, City of Albuquerque
One Civic Plaza, 11th Floor, P.O. Box 1293
Albuquerque, New Mexico 87013
With a copy to:
City Attorney, City of Albuquerque
One Civic Plaza, P.O. Box 2248
Albuquerque, New Mexico 87013
Notice to PNM will be to:
Public Service Company of New Mexico
Attn: Tax Department
MS 1025, 414 Silver SW
Albuquerque, NM 87102
With a copy to:
PNM Resources Law Department
MS 0805, 414 Silver SW
Albuquerque, NM 87102
Notice will be effective upon delivery at the above addresses until the city or PNM notifies the other, in writing, of a change in the address.
(F) Reservation of rights. By accepting Ord. 2020-015, the city and PNM reserve all rights under federal law, state law, and regulation. All provisions contained in this franchise ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public; these provisions shall be liberally construed in favor of the public interest in order to effectuate its public purpose. Any members of the governing body, city officials, or employees charged with the enforcement of §§ 13-4-2-1 et seq., who are acting for the city in the discharge of their duties, shall not render themselves personally liable because of these enforcement activities. By accepting Ord. 2020-015, the city and PNM reserve all their respective rights under federal and state law and regulation; and neither waives its rights to exercise those rights. Further, neither the city nor PNM waives its respective rights to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this franchise, including seeking injunctive relief and monetary damages in a court of competent jurisdiction. Such right to injunctive relief is expressly reserved.
(G) Order of precedence. In the event of a conflict between Ord. 2020-015 and any other ordinance adopted by the city, the terms of Ord. 2020-015 shall control; provided, however, that the foregoing does not negate PNM's obligations under § 13-4-2-5(A) requiring that all construction activities shall be subject to any and all right-of-way management ordinances of general applicability adopted pursuant to the city's police powers.