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(a) Pursuant to K.S.A. 17-1902 and amendments thereto, and subject to the provisions of this Contract franchise, Grantee has the right to construct, maintain and operate its Facilities along, across, upon and under the Public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.

(b) Grantee’s use of the Public right-of-way shall be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the City. The City may exercise its home rule powers in its administration and regulation related to the management of the Public right-of-way; provided that any such exercise must be competitively neutral and may not be unreasonable or discriminatory. Grantee shall be subject to all applicable laws and statutes, and/or rules, regulations, policies, resolutions and ordinances adopted by the City, relating to the construction and use of the Public right-of-way.

(c) City shall, pursuant to Section 12 of this Contract franchise, make a reasonable effort to provide advanced notice of the consideration and/or adoption of any rule, regulation, policies, resolutions and ordinances relating to the construction in or use of the Public right-of-way, inasmuch as such adoption affects Grantee’s use of the Public right-of-way.

(d) If requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety and welfare of the public, Grantee shall, pursuant to K.S.A. 17-1902 and amendments thereto, promptly remove, relocate or adjust its Facilities within the Public right-of-way at no cost to the City, providing such request similarly binds all users of such public right-of-way. Such removal, relocation, or adjustment shall be completed as soon as reasonably possible within the time set forth in any written request by the City for such relocation or adjustment provided that the City shall provide Grantee with a minimum of one hundred eighty (180) days advance written notice to comply with any such removal, relocation or adjustment. Grantee shall designate one (1) person within its organization by his/her employment position to whom relocation notices shall be sent and with whom rests the responsibility to facilitate all necessary communications within Grantee’s various areas. If additional location, removal, relocation or adjustment is the result of inaccurate or mistaken information of the City, the City shall reimburse Grantee for any additional expense necessarily incurred by Grantee directly due to such inaccurate or mistaken information.

(e) If relocation or adjustment is for private benefit, Grantee shall not bear the cost of the relocation or adjustment to the extent of such private benefit and Grantee shall not be obligated to commence the relocation or adjustment until receipt of funds for such relocation or adjustment. Grantee shall have no liability for any delays caused by a failure to receive funds for the cost of such relocation or adjustment and the City shall have no obligation to collect such funds.

(f) Grantee shall participate in the Kansas One Call utility location program. (Ord. 20252 § 3, 8-11-20.)