(a) Reporting Obligations of Providers. At the time of initial application and by January 1st of each following year, each provider shall file a construction and major maintenance plan with the Public Works Director. Such construction and major maintenance plan shall be provided for all geographical areas requested by the Public Works Director 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 Public Works Director 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 or maintenance for the next calendar year; if none are scheduled or anticipated then the plan should 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 Public Works Director 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 Public Works Department on or before November 1st 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.
(1) Upon application for a certificate of registration, or within thirty days after initial application, a provider shall provide the City with information regarding the location of its facilities in the rights-of-way in a format acceptable to the City. In such submission, the provider shall be required to accurately inform the City of the number of miles (rounded to the nearest tenth of a mile) of the right-of-way that the provider's system then currently occupies. Any person owning, operating, or maintaining a system in the rights-of-way prior to the effective date of this chapter must comply with this section within ninety days of the effective date. Following that initial provision of information and upon the reasonable request of the Public Works Director, which request shall not occur more than once annually, every provider shall provide to the City all location information for all facilities which it owns or over which it has control and which are located in any rights-of-way. All such information as described above shall be provided for the geographical area (up to and including the entire geographical area of the City) as requested by the Public Works Director with the specificity then currently available to the provider in hard copy or in the most advanced format (including but not limited to, electronic and/or digital format) then currently being used by provider that is then currently capable of technologically being read (or readily converted to a readable form) by the City. The mapping data is only required to be at the "Atlas" level of detail necessary for the City to reasonably determine the location of the provider's facilities in the rights-of-way. The provider shall supply the mapping data on paper if the Public Works Director determines that the format currently being used by the provider is not capable of being read by the City. Any time after the issuance of a certification of registration, and upon the reasonable request of the Public Works Director, 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 days of receipt of an invoice shall subject an applicant or provider to revocation of its certificate of registration and the penalties of Section 907.99. Further, each provider that has been issued a certificate of registration shall accurately inform the City on or before each subsequent January 1st 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 1st.
(2) The Public Works Director may in the future adopt specifications and further define the mapping data requirement(s) under this section. In each instance a provider shall be served with a copy of the specifications by regular U.S. Mail to the company representative identified in Section 907.03(b)(1)B. provided, however, that failure to actually receive such notice shall not in any way effect the validity or enforceability of said specifications.
(c) Exemption from Disclosure. A provider shall notify the City if the provider believes that any specific document or portion of a document being submitted to the City 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 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 Ohio R.C. 149.43. To the extent permitted by law, the City 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. A-2853. Passed 4-11-16; Ord. A-2963. Passed 4-22-19.)