4.20.114.18.1. During cable system construction or rebuilding, the city shall have the right, and franchisee shall allow other entities including the city as determined by the city, to install and maintain compatible facilities in or upon the poles, transmitter towers, conduits, trenches constructed by the franchisee while they are open and/or other transmission facilities owned or controlled by franchisee provided that franchisee is the permitter as authorized by the city, and that franchisee determines in the exercise of its reasonable good faith discretion that no undue interference with its use or occupancy of such trenches or transmission facilities will result. For purposes of this section, it shall be presumed that there is no undue interference caused by co-location of services in the franchisee's trenches.
4.20.114.18.2. Other users of such trenches or transmission facilities shall bear their pro rata share of the costs of constructing such trenches or transmission facilities, including design, redesign, permits, approvals, additional costs of providing wider or deeper trenches, or other modifications so as to accommodate such users. Such pro rata share of such costs shall be reasonably determined by the franchisee, and each such user must consent to such allocation of costs as a condition to the occupancy of those trenches or transmission facilities constructed by the franchisee.
4.20.114.18.3. Prior to any such co-location by any other user, such user and the franchisee must agree upon construction schedules, sequence of construction and such other matters as may affect the location of such user's facilities in the franchisee's trenches or on the franchisee's transmission facilities, and such user must agree to indemnify, defend and hold harmless the franchisee, its affiliates and their respective officers, directors, shareholders and employees from and against any and all liabilities and obligations asserted or other claims, actions, judgments, assessments, taxes, charges, fines, penalties, damages, costs and expenses (including legal fees and disbursements) arising from or in any manner related to the location of such user's facilities in the franchisee's trenches or on franchisee's transmission facilities except to the extent caused by the acts or omissions of the franchisee, its employees or contractors. Co-located users of trenches or other transmission facilities must not interfere with the functioning of other users of such trenches or transmission facilities. Other such users must obtain the necessary permits and approvals for such co-located facilities.
4.20.114.18.4. The franchisee shall notify the city and local utilities at least ninety (90) days prior to undertaking any underground construction. No more than sixty (60) days after submission of the construction plan for such construction or rebuilding in accordance with the ordinance codified in this title, written notice of such intended co-location shall be given to the franchisee by the city or any other potential co-located user of franchisee's facilities together with system designs. (Ord. 205 § 3, 2001)