(a) Construction and Major Maintenance Plan. Each Provider shall, when requested by the municipality, file a Construction and Major Maintenance Plan with the Mayor. Such Construction and Major Maintenance Plan shall be provided for specific geographical areas requested by the municipality, up to and including the entire geographical area of the Municipality. It shall be submitted using a format(s) mutually agreeable to the Provider and the Municipality and shall contain the information determined by the Municipality to be necessary to facilitate the coordination and reduction in the frequency of Construction in the Rights of Way. The Construction and Major Maintenance Plan shall include, but not be limited to, all currently scheduled and/or anticipated Construction projects for the next calendar year, if none are scheduled or anticipated then the Plan shall so state. The Provider shall use its Best Efforts in supplying this information and shall update the Construction and Major Maintenance Plan on file with the Municipality whenever there is a material change in scheduled and/or anticipated Construction projects. In an effort to assist Providers with the completion of their annual Construction and Major Maintenance Plan, the Municipality, as soon as possible, will send each Provider's System Representative a descriptive narrative (and any mapping information reasonably available) for all the planned Right of Way improvements and/or scheduled maintenance that the Municipality then currently intends to undertake during the calendar year.
(b) Mapping Data. With the filing of its Application for a Certificate of Registration, a Provider shall be required to accurately inform the Municipality of the number of miles (rounded up to the nearest mile) of Right of Way the Provider's System then currently occupies. With the filing of its Application for a Certificate of Registration, a Provider may voluntarily provide such mapping data to demonstrate accurately the general location of its system within the public right of way. The municipality reserves the right to create its own public way inventory map and may recover the cost of creation through the Registration process.
(c) Exemption from Disclosure. A Provider shall notify the Municipality if the Provider believes that any specific document or portion of a document being submitted to the Municipality is exempt from the public records disclosure requirements of O.R.C. 149.43. The notification shall be in writing and indicate the specific document or portion of a document that the Provider believes is exempt from disclosure. The notification shall include the legal basis for the claimed exemption, including the applicable statutory reference and any additional information necessary to make a determination of exemption for each specific document or portion of a document. If a public records request is made for documents submitted by a Provider, the Municipality will consider the written notification in making its own independent determination of whether a specific document or a portion of a document is exempt from the disclosure requirements of O.R.C. 149.43. To the extent permitted by law, the Municipality will endeavor to use reasonable Best Efforts to notify the Provider of the request prior to making the document available for inspection or copying.
(Ord. 17-2021. Passed 5-4-21.)