(A) Construction activities in general; excavations. PNM shall have the right to excavate any public right-of-way, including highways, streets, alleys, avenues, thoroughfares, roads, sidewalk and other similar public property now or hereafter dedicated, owned, or controlled by the city within its municipal boundaries, as now existing or hereafter extended, as such excavations are necessary for the construction, operation, and maintenance of PNM's electric utility system and the facilities and components associated therewith, provided that all such construction activities shall be subject to any and all right-of-way management ordinances of general applicability which may be adopted pursuant to the city's police powers. In addition and except as otherwise provided by state law or regulation, all construction activities of PNM within the municipal limits of the city shall be done in compliance with the then-applicable construction, planning and zoning rules, regulations, ordinances or orders of the city and any other agency having jurisdiction.
(B) Restorations. There shall be no unreasonable delay in the backfilling of excavations by PNM under this § 13-4-2-5, and all such excavations shall be restored by PNM at its own cost in accordance with valid ordinances and regulations which the city may adopt to reasonably control and monitor such activities. If such ordinances and regulations are not adopted or effective, it shall then be the responsibility of PNM to restore such property, insofar as practicable, to the condition of such property immediately prior to the excavation.
(C) Relocations. Any location or relocation of PNM's facilities in the public rights-of-way reasonably required, caused, or occasioned by any city project, including without limitation, the installation of storm drainage, landscaping, traffic facilities, and road reconstruction, shall be at the cost of PNM and implemented in accordance with valid ordinances and regulations which the city may adopt to reasonably control and monitor such activities. Nothing in §§ 13-4-2-1 et seq. shall be construed in any way to prevent the city from opening, grading, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares, and public highways, or undertaking other municipal projects affecting public health, safety and general welfare within the city's rights-of-way in which PNM has its facilities located. Prior to such activity and in the pre-design phase of any project, the city and PNM shall make a good faith effort to coordinate activities to avoid unnecessary cost for both parties. Except as otherwise provided by state regulation or law, PNM, at its expense, shall protect, support, temporarily disconnect, relocate, or remove along under or over any street, alley, or any other public place as permitted by the city, PNM's equipment or facilities when notified in writing and reasonably required by the city for reasons attributable to a municipal project undertaken to promote public safety, health or general welfare in the exercise of the city's police powers. Notwithstanding the foregoing, this provision shall not apply to any move, regrading, rerouting, improvement, or widening undertaken for the benefit or convenience of or at the request of a third party, including a private developer or development entity or any other person who develops property within the city in a manner which necessitates such regrading, rerouting, improving or widening of any street, avenue, easement, right-of-way, alley, highway, sidewalk, bridge or other structure, or other public places as permitted by the city, or in a manner which necessitates such construction, reconstruction, removal, or relocation of traffic signal systems or utility systems owned or operated by or on behalf of the city. This section shall also be subject to any applicable state regulation or legislation affecting payment by a state or local public agency or body for certain relocation costs, or any other agreements with the city affecting relocation.
(D) No interference with other authorized uses. PNM shall make a good faith effort in the conduct of its activities so as not to interfere with the activities of other franchisees. The city shall, in the grant of other franchises, require that said franchisees similarly conduct their activities to avoid interference with those of PNM.