§ 1020.06. Oversight and regulation.

(a)

Reports. Upon reasonable request of the City Manager, a provider shall provide the City with a list of any and all material communications, public reports, petitions, or other filings, either received from or submitted to any municipal, county, state or federal agency or official (and any response thereto submitted by or received by a provider), and any other information or report reasonably related to a provider's obligations under chapter 1020 which in any way materially effects the operation of the system or a provider's representations and warranties set forth herein, but not including tax returns or other filings which are confidential. Upon request, a provider shall promptly, but in no case later than 30 business days following the request, deliver to the City a complete copy of any item on said list. Upon the request of the City, a provider shall promptly submit to the City any information or report reasonably related to a provider's obligations under chapter 1020, its business and operations with respect to the system or its operation, in such form and containing such information as the City shall specify. Such information or report shall be accurate and complete and supplied within 30 days.

(b)

Confidentiality. All information submitted to the City that is considered confidential/proprietary information must be clearly marked as such when submitted. A provider, at any time after submitting information without confidential/proprietary information markings, may request and shall be provided the opportunity to, subsequently mark any provided information as confidential/proprietary information. The City shall exercise all reasonable legal protections so as not to publicly disclose to any third party such information unless required by law. The City shall, following receipt of a request for public disclosure of clearly marked trade secret and/or proprietary information submitted by a provider, endeavor to use reasonable best efforts to timely place the provider's system representative on notice that such a request for public disclosure has been made.

(c)

Provider's expense. All reports and records required under chapter 1020 shall be furnished at the sole expense of a provider.

(d)

Right of inspection and audit. The City's designated representatives shall have the right to inspect, examine, or audit during normal business hours and upon reasonable notice to a provider under the circumstances; documents, records, or other information which pertain to a provider's operation of a system within the City that are related to its obligations under chapter 1020. All such documents shall be made available within the City or in such other place that the City may agree upon in writing in order to facilitate said inspection, examination, or audit.

(e)

Rules and regulations. The Director of Public Works may propose and adopt (and from time to time amend) the rules and regulations regarding chapter 1020, design guidelines, and construction standards and occupancy requirements of the right-of-way. Such rules and regulations shall not materially increase the obligation of any provider hereunder, provided however that none of the following shall in any way be considered a material increase in obligation; the adoption of rules and regulations increasing fees; the requiring of the placement of facilities in designated portions of the rights-of-way (underground or otherwise); the overbuilding of facilities; or the requiring of joint-builds. Prior to the adoption or amendment of the rules and regulations, the Director of Public Works shall provide written notice and a copy of the proposed language of such adoption or amendment, via United States Regular Mail, to each provider who holds a then current certificate of registration. Each provider shall then have 30 days following the date of the City's mailing to provide written comment regarding the proposed language to the Director of Public Works. At least 45 days, but not more than 60 days following the date of the City's mailing, the Director of Public Works shall schedule and hold a meeting, to make available a forum at which all then current providers may address any questions, concerns and make reasonable suggestions regarding the proposed new rules and regulations to the Director of Public Works. The Director of Public Works shall, following said meeting and the review of the providers' comments and suggestions, adopt or amend the rules and regulations in a manner that best serves the City.

(Ord. 2008-50. Passed 11-25-08; Ord. 2018-16 . Passed 8-14-18.)