(a) On or before June 1 of each calendar year, each person issued a general right of way permit holder shall furnish the City with an annual report for the previous calendar year containing the following information: (1) a description of the facilities with a value of at least ten thousand dollars ($10,000) that have been installed or removed by the permit holder; (2) a description of economic development efforts within the City; and (3) the permit holder's plans and forecast pertaining to future use of the public right of way.
(b) At the request of the City, representatives of the permit holder shall meet to discuss the annual report and any other matters related to the use of the right of way as either party deems appropriate including but not limited to: (1) the ability of the permit holder to properly operate, maintain and replace its facilities in the right of way, (2) the ability of the permit holder to respond to emergency situations involving its physical facilities, (3) the condition of the permit holder's facilities, and (4) safety and security issues relating to the facilities.
(c) The permit holder shall keep its books and records in accordance with the regulations of the PUCO and any other regulatory agency having jurisdiction over the operations of the permit holder. The City may inspect or audit its books, accounts, correspondence, documents and data (and the books, accounts, correspondence, documents and data of its parent company to the extent they are necessary to monitor the permit holder's use of the right of way) for any proper purpose under this chapter related to the permit holder's use of the public right of way. Any such inspection or audit shall be conducted during normal business hours upon reasonable written notice specifying the purposes of such inspection or audit.
(d) The permit holder shall permit the City to inspect its facilities in the right of way for any proper purpose under this chapter related to the City's management of the right of way. Any such inspection shall be conducted during normal business hours upon reasonable written notice specifying the purpose of such inspection.
(e) The City agrees that no documents or information furnished to the City by the permit holder in accordance with this chapter shall be made available to the public without the permit holder's consent but only if such documents or information is conspicuously marked as "confidential" and is exempt from disclosure under the provisions of the Ohio Public Records Act, Ohio Revised Code 149.43 (including trade secrets), as such statute may be amended from time to time. One such category of documents or information exempt from disclosure under Ohio Revised Code section 149.43 shall be trade secrets under the provisions of Ohio Revised Code Chapter 1333 and similar statutes as the same may be amended from time to time. No documents marked confidential shall be made available to the public without five (5) business days prior written notice to the permit holder. In addition, no information provided under this section shall be made available to any employee of a municipal utility providing the same service as and competing for customers with the permit holder.
(Ord. 375-02. Passed 10-8-02.)