(a) Annual Registration Required. All Service Providers and Contractors with consent to occupy or use the Right-of-Way as provided in Section 902.02 shall register with the City each calendar year between January 1 and January 31 on a form provided by the City Engineer.
(b) Purpose of Annual Registration. The purpose of Annual Registration is to assist the City in monitoring use of the Right-of-Way; to maintain an accurate and current database of information concerning Service Providers that occupy or use the Right-of-Way; and to assist the City in managing the Right-of-Way in a manner that best serves the public health, safety and general welfare.
(c) Information and Fee Required for Annual Registration. Registration forms will be provided by the City Engineer and shall require the following information:
(1) Any material changes to the information the Service Provider or Contractor provided the City in the application for consent to occupy or use the Right- of-Way or Initial Registration, including, but not limited to:
A. The identity, legal status, and federal tax identification number of the Contractor or Service Provider, including any Affiliates that will use or occupy the Right-of-Way or are in any way responsible for Facilities located in the Right-of-Way.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the Service Provider or Contractor’s registration statement and available at all reasonable times to be notified in case of emergency.
(2) A current list of Contractors used by, or approved for use by, a Service Provider to work on its Facilities
(3) Evidence that the Service Provider or Contractor is in compliance with the Insurance, Indemnity and Performance Bond requirements pursuant to Section 902.04 of this Chapter.
(4) Information regarding, and a preliminary Construction schedule and completion date for, any Capital Improvements the Service Provider plans in the Right-of-Way for the following twelve (12) months.
(5) Any other information the City Engineer may reasonably require relevant to the Service Provider’s or Contractor’s Occupancy or Use of the Right-of- Way.
(6) Fees for certificates of registration and renewals thereof shall be paid by Service Providers and Contractors in the amount of $150.00 upon initial application and $75.00 upon annual renewal, payable upon the filing of the application. For any renewal not timely filed under Section 902.03(a), inasmuch as the registration will have expired, the fee will be equivalent to the initial application.
(d) Service Provider’s Facilities Maps.
(1) A Service Provider shall provide the City Engineer with access to the Service Provider’s maps and/or as-built plans showing the location of its Facilities in the Rights-of-Way upon five (5) days notice to the Service Provider.
(2) Upon written request by the City Engineer, each Service Provider shall work in good faith with the City Engineer to provide, in a reasonable time and manner, maps and/or as built plans in a format compatible with the City’s current and/or future mapping system.
(3) The Service Provider may designate any portion or portions of the maps and/or as-built plans provided under subsection (d)(2) as proprietary and/or a trade secret so as to remain confidential. In this event, the City shall seek to maintain the confidentiality of such maps and/or as-built plans; provided, however, that such information is subject to applicable public records laws and exceptions thereto. The City shall provide a Service Provider with written notice of any proposed inspection or disclosure prompted by a public records request related to the Service Provider’s maps and/or as-built plans the Service Provider has designated to be confidential. The Service Provider shall have three (3) business days from the written notice to object to any public records disclosure and to agree in writing to defend and indemnify the City with respect to any litigation under the Ohio Public Records Act to compel disclosure and all related costs.
(e) Registration to be Kept Current. All Service Providers and Contractors shall keep the registration information required in Section 902.03(c)(1) and (2) above current and shall provide the City with notice of changes to that information within fifteen (15) days following the Service Provider or Contractor’s notice of such change. Service Providers and Contractors shall update any other required registration information within fifteen (15) days of a written request by the City Engineer.
(Ord. 2023-69. Passed 8-1-23.)