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65 <br /> <br />response with the County. Prior to prescribing a <br />refund, the County shall provide the Franchisee <br />opportunity to comment on the proposed rate or refund. <br />D. Notice of the public comment period for <br />parties shall be provided in accordance with local law. <br /> <br />rate or a <br /> with an <br /> <br />interested <br /> <br /> SECTION 3. Authority of County Manager to Implement FCC <br />Rate Regulations. The County Manager or his designee is <br />authorized on behalf of the County to execute and file with the <br />FCC such submissions as are now, or may hereafter, be required by <br />FCC Rate Regulations in order to regulate Basic Service Rates and <br />Charges and to establish any additional procedures for the County <br />and the Franchisee in conformity with FCC Rate Regulations. The <br />County may utilize a rate consultant to advise it on proposed <br />rate changes and to assist it in the procedures and the standards <br />for review adopted by the FCC. A rate consultant may be any <br />person who has sufficient background and experience, in the sole <br />opinion of the County, to properly evaluate and analyze rates and <br />charges. <br /> <br /> SECTION 4. Proprietary Information. A. If these provisions, <br />or any request for information requires the production of <br />proprietary information, the Franchisee is required to produce <br />the information. However, a Franchisee may request that specific, <br />identified portions of its response be treated as confidential <br />and withheld from public disclosure. The Franchisee must state <br />the reasons why the information should be treated as proprietary <br />and the facts that support those reasons. The request for <br />confidentiality will be granted if the County determines that <br />nondisclosure is consistent with the provisions of the Freedom of <br />Information Act, 5 U.S.C. Section 552, FCC Rate Regulations, and <br />the State Law, where applicable. If the Franchisee requests <br />confidentiality and the request is denied, (1) where the <br />Franchisee is proposing a rate increase, it may withdraw the <br />proposal, in which case the allegedly proprietary information <br />will be returned to it; or (2) the Franchisee may seek review <br />within five (5) working days of the denial in any appropriate <br />forum. Release of the information will be stayed until such time <br />as disclosure is required by law. <br /> B. A request by any interested person or party for public <br />disclosure and inspection of material withheld by the County as <br />proprietary, shall be governed by the aforementioned Federal and <br />State law, where applicable. The County will notify the <br />Franchisee of the disposition of any request for public <br />disclosure of information claimed by the Franchisee, and withheld <br />by the County, as proprietary information. The requesting party <br />or the Franchisee may seek review of any decision by the County <br />regarding proprietary information, by filing an appeal with the <br />appropriate form, as required by law. Disclosure of the <br />information in question will be stayed pending resolution of any <br />appeal. <br /> <br /> SECTION 5. Effective Date. This County Ordinance shall be <br />effective immediately. <br /> <br />INTRODUCED, PUBLICLY READ, AND FINALLY APPROVED, this the 19tn day of <br />October, 1998. <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br /> <br />Clerk to the Board <br /> <br />/s/ Sue Casper <br />Chairman, Cabarrus County <br />Board of Commissioners <br /> <br />Rejection of Bids for Construction of the Corban Avenue Parkinq Facility <br /> <br /> The following bids were received to construct the Corban Avenue Parking <br />Facility for which $175,000.00 had been included in the 1998-99 Budget: <br /> <br />Boggs Paving, Inc. <br />Thomas Construction Co. <br /> <br />$333,595.50 <br />$342,193.43 <br /> <br /> UPON MOTION of Commissioner Carpenter, <br />Barnhart and unanimously carried, the Board <br />construction of the Corban Avenue Parking Facility. <br /> <br />seconded <br /> rejected <br /> <br />by Commissioner <br /> the bids for <br /> <br /> <br />