(a) Construction and Major Maintenance Plan. Each provider shall, at the time of initial application and using its best efforts by January 1 of each following year, file a construction and major maintenance plan with the Service Department. Such construction and major maintenance plan shall be provided for all geographical areas requested by the Director of Service, up to and including the entire geographical area of the City. It shall be submitted using a format(s) mutually agreeable to the provider and the City and shall contain the information determined by the Director of Service 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. In an effort to assist providers with the completion of their annual construction and major maintenance plan, the Service Department, on or before November 1 of each year, 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 City then currently intends to undertake during the next 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 City of the number of miles (rounded up to the nearest mile) of right-of-way the provider's system then currently occupies and begin submitting to the City all information that currently exists and which can be provided regarding the location of its facilities in the right-of-way in hard copy or in the most advanced format (including, but not limited to, electronic and/or digital format) then currently being used by the provider that is then currently capable of technologically being read (or readily converted to a readable form) by the City. Unless otherwise required a provider shall have up to one (1) year from the date of the provider's initial filing of an application for a certificate of registration to completely submit all the mapping data for a provider's system in the entire geographical area of the City which it owns or over which it has control that are located in any rights-of-way of the City in the most advanced format (including, but not be limited to electronic and/or digital format) then currently being used by the provider that is then currently capable of technologically being read (or readily converted to a readable form) by the City. Any time after the issuance of a certificate of registration, and upon the reasonable request of the Director of Service, a provider shall be required to provide to the City any additional location information for any facilities which it owns or over which it has control that are located in any rights-of-way of the City required by the City. Any and all actual direct, incidental and indirect costs incurred by the City during the process of reviewing, inputting and/or converting a provider's mapping information to comport with the City's then current standard format (whether electronic or otherwise) shall be directly billed to, and must be timely remitted by, the provider. Failure to pay such mapping costs within sixty (60) days of receipt of an invoice shall subject an applicant or provider to revocation of its certificate of registration and the penalties of this chapter. Further, each provider that has been issued a certificate of registration shall accurately inform the City on or before each subsequent January 1 of the number of miles (rounded up to the nearest mile) of right-of-way the provider's system then occupied as of the immediately previous December 1. The Director of Service may, in the future, adopt additional specifications and further define or modify the mapping data requirements under this section for reasons including, but not limited to, changes in technology or the law regarding public disclosure of a provider's mapping information. When the City modifies and/or amends the mapping data requirements, the City shall use best efforts to avoid unreasonably increasing the burden to the providers that may be associated with satisfying the amended mapping requirements. When the mapping requirements are amended, each provider shall be served with a copy of the new specifications or modifications by regular U.S. Mail to the system representative identified in each certificate of registration; provided, however, that any failure of any provider to actually receive such notice shall not in any way affect the validity or enforceability of said specifications or modifications.
The City of Maumee reserves the right to create its own public way inventory map and may recover the cost of creation of a map through the registration process.
A provider shall notify the City of Maumee if the provider believes that any specific document or portion of a document being submitted to the City of Maumee is exempt from the public records disclosure requirements of Ohio 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 City of Maumee will consider the written notification in making its own independent determination of whether a specific document or portion of a document is exempt from disclosure.
(Ord. 051-2022. Passed 12-5-22.)