911.08 JOINT PLANNING AND CONSTRUCTION.
   Except for Special Right-of-Way Permittees for Residential Purposes, and as required by this chapter, the Director will conduct Joint Planning and Construction sessions for all Right- of-Way Permittees. Any confidential information furnished by any Permittee to the Director for such meetings and in possession of the City will be treated in accordance with applicable Ohio Law.
   (a)   The City will hold an annual meeting early in the fourth quarter of each calendar year. At this meeting the City will distribute the schedule for all City Divisions planning to work in the Right-of-Way for the next year. A representative from each Permittee must attend said meeting.
   (b)   Following this meeting each Permittee, to the extent known, shall submit a one (l) year projection of its intended improvements, upgrades, extensions, or planned maintenance activities in the public Right-of-Way. Such projections shall include the nature, limits, and schedule for the improvements and shall be submitted to the Director within the fourth quarter of the calendar year in which said meeting is scheduled. To the extent permitted by law, the City shall treat any such information so designated as confidential; provided however, that nothing herein should be construed to require the City to withhold such information upon an appropriate request for public records information.
   The projection shall include, but not be limited to the following information:
      (1)   The location and limits of the proposed improvements, upgrades, extensions and replacements including miles of Right-of-Way being used or to be used.
      (2)   The nature of the work being proposed.
      (3)    The estimated dates of all projects to be commenced during the one (1) year period.
   (c)   Any Permittees identified as having facilities within the area of the proposed projects shall be responsible for providing a representative to attend the meetings to coordinate all said projects.
   (d)   In order to determine location of Permittee's facilities relative to the City's proposed improvements, and upon written request from the City, its contractors or consultants, each Permittee shall submit plans, maps or other details of its facilities within thirty (30) calendar days, unless a greater period is specified and agreed to upon request. If the Permittee has no facilities within the area of the proposed City project or improvement, the Permittee shall notify the City within thirty (30) calendar days of the written request from the City.
   (e)   The Permittee shall review all preliminary plans submitted by the City, or its agents, to confirm or identify, to the extent reasonably ascertainable, the vertical and horizontal locations of its facilities within the planned area and shall identify any conflicts between its facilities and the planned City improvements.
   (f)   The Permittee shall return said plans, with the Permittee's facilities accurately located thereon, to the City within thirty (30) calendar days, unless a greater period of time is agreed upon.
   (g)   Conflicts identified during the preliminary review by the Permittee shall be reviewed by the City to consider if an alternative design or re-design of the system is appropriate and/or if additional Right-of-Way should be acquired to avoid any such conflicts.
   (h)   Upon receipt of final plans and project schedules from the City, the Permittee shall initiate the design of any re-locations required to facilitate the construction of the proposed project. The vertical and horizontal locations of proposed, and/or previously re-located facilities shall be accurately shown on the plans and returned to the City within thirty (30) calendar days of original receipt, unless a greater period is specified upon such request. A proposed re-location schedule shall be attached to the plans. Scheduled advertising for construction bids for the City's proposed public improvements shall not be delayed due to the Permittee's re- location work.
   (i)   Upon written request from the City, the Permittee shall remove or rearrange any of the Permittee's facilities within the public Rights-of-Way within sixty (60) calendar days of said notice at Permittee's cost. Failure to comply with such request will result in the Permittee being in violation of this chapter and shall subject Permittee to all penalties and fines stipulated therein.
      (Ord. 02-70(a). Passed 11-25-02.)