Relocation of Facilities. Upon receipt of a written demand from the City, Grantee, at its sole cost and expense, shall remove and relocate any part of the Grantee’s Facilities whenever the City reasonably determines that the removal and/or relocation of any part of the Network or Facilities is necessary to accomplish construction and maintenance activities related to improvements for the health, safety and welfare of the public, including but not limited to the following: (a) work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; or (b) interference with the operation of City-owned light poles, traffic signals, or other City facilities. The City shall cooperate with Grantee in relocating any portion of the Network and/or Facilities in a manner that allows Grantee to continue providing service to its customers, including, but not limited to, expediting approval of any necessary permits required for relocation. No permitting or other fees may be charged by the City for a removal occurring pursuant to this section.

Pursuant to 2016 House Bill 2131 (codified at K.S.A. 66-2019 and amendments thereto), Grantee shall relocate or adjust the Network or its Facilities, at no cost to City, within the time set forth in City’s written request provided that City provides a minimum of 180 days advance written notice unless circumstances beyond the City’s control require a shorter period of advance notice. If relocation or adjustment is for private benefit, Grantee is not responsible for the cost of the relocation or adjustment to the extent of such private benefit and Grantee shall not be obligated to commence relocation or adjustment until receipt of funds for such relocation or adjustment. (Ord. 20044 § 4, 12-20-16.)