Upon reasonable request, the company shall provide the city, on a project specific basis, information indicating the horizontal location, relative to boundaries of the right-of-way, of all equipment which it owns or over which it has control that is located in city right-of-way, including documents, maps and other information in paper or electronic or other forms (“information”). The company and city recognize the information may, in whole or part, be considered a confidential record under state or federal law or both. Therefore, the city shall not release any information without prior consent of the company and shall return the information to company upon request. The city recognizes that company claims the information may constitute a trade secret or is otherwise protected from public disclosure by state or federal law on other grounds and agrees to retain the information in its non-public files. Furthermore, the city agrees that no documents, maps or information provided to the city by the company shall be made available to the public or other entities if such documents or information are exempt from disclosure under the provisions of the Freedom of Information Act, being 5 U.S.C. § 552, the Federal Energy Regulatory Commission Critical Energy Infrastructure requirements pursuant to 18 C.F.R. §§ 388.112 and 388.113, or Iowa Code Chapter 22, as such statutes and regulations may be amended from time to time. In the event any action at law, in equity or administrative is brought against the city regarding disclosure of any document which the company has designated as a trade secret or as otherwise protected from disclosure the city shall promptly notify the company. The company shall have the right to assume, upon request of the city, the defense of said action. The company shall reimburse the city any and all costs, including attorney fees and penalties, to the extent allowed by law which may result from any said action.
(Ord. 2021-04, passed 4-19-2021)