O-2013-3465 Right-of-Way Ordinance and Utility Permit Process

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Emergency city utility locates must be called into the La Porte Police Department dispatch at (281) 471-2141. Texas One Call does not notify the city. (e) When an excavation is made by the Utility and after the repair or installation work is completed, the Utility doing such work shall immediately secure the trench in a safe manner and restore the excavated area within a reasonable length of time to as good a condition as before the commencement of the work and according to the specifications established by the Director. Except where otherwise approved by the Director, any length of time required by the Utility to complete the permanent restoration of an excavated area in excess of fourteen (14) days shall be prima facie evidence that the length of time is not reasonable. The Utility who made the excavation shall maintain the excavation in a safe and easily traversable condition until the surface is permanently restored. (f) When the Public Works Director has determined that a Utility's work in the Right of Way has created an imminent threat to the health and safety of the public, the Public Works Director shall endeavor to make verbal contact with the Utility to communicate the need for the Utility to immediately remedy such condition. If the contact attempt is unsuccessful or if the Utility is unable or unwilling to respond in the timeframe required by the Public Works Director, the Public Works Director may order City crews to make the area safe and secure until such time as the Utility can respond. The Utility shall reimburse the City the full amount of the documented time, materials and equipment cost incurred by the City to construct the remedy. This provision authorizes the City, under the described circumstances, to take steps such as covering open excavations for the purpose of making the construction area safe within road or shoulder areas or to remove excavated material blocking drainage ways; but it does not authorize City personnel to perform work directly on a utility not owned by the City. (g) Any Utility who has restored or caused to be restored any Street pursuant to this subchapter shall ensure the quality of the restoration workmanship for one year following the completion of the restoration. During the one-year maintenance period, the Utility shall remedy any area repaired by the Utility that, in the reasonable opinion of the Public Works Director, as a result of the quality of workmanship or materials, is in appreciably worse condition than the area surrounding the restoration site. (h) Where the City has provided at least eighteen (18) months notice of a planned City roadway construction, improvement, or resurfacing project, a Person may not excavate within the roadway pavement limits for a period of five (5) years after the completion of the City roadway project. If excavation by the Utility within the new pavement area is unavoidable (i.e. emergency repairs), then (a) the Director may require the utility to restore the roadway pavement over the excavated area to City standards and grind 2 -inches of existing asphalt and resurface the entire half -width of the roadway (roadway center to the edge of pavement) including the excavated area that is within 100 -Lin. Ft. of the excavated area or (b) for concrete streets, the Director may require the removal and replacement of the existing concrete curb and entire half - width of the concrete street (roadway center to the back of curb) including the excavated area to the nearest construction joint. 3