§ 5. Use of Public Right-of-Way.

(a) Pursuant to K.S.A. 17-1902, as amended, SBC Kansas shall have the right to construct, maintain and operate poles, conduit, cable, switches and related appurtenances and facilities along, across, upon and under the Public Right-of-Way. Such appurtenances and 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)

Nothing in this contract franchise ordinance shall be interpreted as granting SBC Kansas the authority to construct, maintain or operate any facility or related appurtenance on property owned by the City outside of the Public Right-of-Way.

(c)

The authority of SBC Kansas to use and occupy the Public Right-of-Way shall always 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.

(d)

The City shall have the authority to prohibit the use or occupation of a specific portion of Public Right-of-way subject to the procedures of K.S.A. 17-1902, as amended.

(e)

If there is an emergency necessitating response work or repair, SBC Kansas may begin that repair or emergency response work or take any action required under the circumstances, provided that SBC Kansas notifies the City promptly after beginning the work and timely thereafter meets any permit or other requirement had there not been such an emergency.

(f)

SBC Kansas shall repair all damage to the Public Right-of-Way caused by the activities of SBC Kansas, or of any agent affiliate, employee, or subcontractor of SBC Kansas, while occupying, installing, repairing or maintaining facilities in a Public Right-of-way and to return the Public Right-of-Way to its functional equivalence before the damage pursuant to the reasonable requirements and specifications of the City. If SBC Kansas fails to make the repairs required by the City, the City may effect those repairs and charge SBC Kansas the cost of those repairs. If the City incurs damages as a result of a violation of this subsection, then the City shall have the remedies provided in K.S.A. 17-1902, as amended.

(g)

When 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, SBC Kansas promptly shall remove its facilities from the Public Right-of-way or shall relocate or adjust its facilities within the Public Right-of-way at no cost to the City. Such relocation or adjustment shall be completed as soon as reasonably possible within the time set forth in any request by the City for such relocation or adjustment. Any damages suffered by the City or its contractors as a result of SBC Kansas' failure to timely relocate or adjust its facilities shall be borne by SBC Kansas.

(h)

SBC Kansas shall coordinate the placement of its Facilities in Public Right-of-Way in a manner that minimizes adverse impact on public improvements, as reasonably determined by the City Engineer.

(i)

In granting this contract franchise ordinance the City makes no express or implied representation or warranty regarding its rights to authorize the installation or construction of Facilities on any particular segment of the Public Right-of-Way. The burden and responsibility for making all such determinations in advance of construction or installation shall be entirely upon SBC Kansas.

(j)

Except as may otherwise be provided by other applicable ordinances of the City, where reasonable and appropriate and where adequate Public Right-of-Way exist; SBC Kansas shall place above-ground Facilities underground in conjunction with City capital improvement projects and/or at specific locations requested by the City provided that such placement is practical, efficient, and economically feasible.

(k)

When SBC Kansas is allowed to place Facilities above ground under this section, SBC Kansas may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City's police powers, and in no instance shall a Franchisee erect a new pole within an existing aerial pole line absent the City's prior authorization.

Above-ground pedestals, vaults, or other above-ground Facilities, may be installed only if approved by the City where alternative underground facilities are not feasible or where underground requirements are otherwise waived pursuant to this Section, and shall generally be located behind the sidewalk where feasible and shall be screened from public view. Facilities in rear lot easements shall be exempt from the screening requirements except when they are within fifty feet of a street or highway.

The underground requirements of this subsection shall not apply to the maintenance and repair of existing Facilities, as determined by the City Engineer.

(l)

SBC Kansas shall take all reasonable measures necessary to maintain accurate as completed records in electronic format, of all Facilities constructed, reconstructed, or relocated in the Public Right-of-Way of arterial streets (as designated by City of Wichita Code §11.96.100) after the date hereof. Such Facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of Facilities shall be horizontally located from street centerline, or section or quarter section lines or corners. Vertical locations on all points of Facilities shall consist of elevations in either City datum or United States Geological Survey datum. SBC Kansas shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete information regarding the nature and horizontal and vertical location of its Facilities located within Right-of-Way when requested by the City or its authorized agents for a Public Project. Such location and identification shall be at the sole expense of SBC Kansas without expense to the City, its employees, agents, or authorized contractors.