§ 55-13. Proprietary information.

(a)

If the city has required the cable operator to produce proprietary information under the provisions of this article, the cable operator may submit therewith a request that such information not be made routinely available for public inspection. A copy of the request shall be attached to and shall cover all of the materials to which it applies and all copies of those materials. If feasible, the materials to which the request applies shall be physically separated from any materials to which the request does not apply. If this is not feasible, the portion of the materials to which the request applies shall be identified.

(b)

Each such request shall contain a statement of the reasons for withholding the materials from inspection and of the facts upon which those reasons are based. If the request is that the materials be withheld from inspection for a limited period of time, that period shall be specified.

(c)

Verbal requests which do not comply with the requirements of paragraphs (a) and (b) of this section will not be considered.

(d)

Upon receipt of a request in compliance with paragraphs (a) and (b), the city will not grant routine public access to the materials unless the provisions of (e) and (f) of this section are met. A letter to that effect will be placed in a public file in lieu of the materials withheld from public inspection.

(e)

Provided, however, if a written request for the materials is received by the city pursuant to the Open Records Act, Chapter 552, Texas Government Code, the city will notify the person providing the materials of the request for the materials. If the person providing the materials requests the city to do so, the city will request an opinion from the attorney general, pursuant to the Open Records Act, regarding the public availability of the materials. If the person providing the materials does not request the city to request an opinion from the attorney general, the city may, at its option, either request such an opinion or provide the materials to the public.

(f)

If the attorney general issues an opinion or letter ruling requiring the city to make the materials available to the public, the materials will be made available for public inspection unless the operator takes timely steps to appeal the attorney general ruling or opinion and stays the effect of said ruling or opinion. In that case, the city will abide by the order of the court in regard to whether or not the documents may be released.

(g)

If no request for confidentiality is submitted, the city assumes no obligation to consider the need for nondisclosure.

(Ord. No. 6343, § 1, 10-28-93)