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

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(i) Regardless of pavement age, where the utility proposes open cut excavation within an asphalt roadway for a distance greater than 300 -feet parallel to the centerline, the Director may require the pavement to be milled and resurfaced the entire width of the roadway lane to be excavated. Sec. 62-103. Private Utilities in Public Right -of -Way Private services and other items including, but not limited to, forcemains, drains, sprinkler systems, pet fencing, and underground wiring for the benefit of an individual property or owner shall not be located in the public right-of-way without a recorded agreement with the city. In any case, with or without a recorded agreement, neither the City nor the City's contractors nor other agents working on behalf of the City shall be liable for the cost to repair or replace any such item encountered and damaged by them in the course of their operations within the public right-of-way areas. This section does not extend to individual service lines or other facilities provided by a public utility company with a franchise agreement and general approved permit on file with the City. Neither does this section apply to a Person granted a License Agreement to locate any such infrastructure within the Public Right -of -Way by the Planning and Engineering Department. Sec. 62-104. Permit Required. (a) No Person shall use or occupy Right of Way within the City for the purpose of installing or maintaining Facilities except in compliance with the provisions of this ordinance. Nor may any person construct any upgrades, relocation, rehabilitation, or new installation of Facilities in the Rights -of -Way without first obtaining a construction permit from the Director. (b) EXEMPTIONS TO PERMIT REQUIREMENT. (1) A permit is not required for isolated repair and/or replacement in-kind of the existing Facilities. "Isolated repair and/or replacement in kind" is that repair and/or replacement in kind of Facilities over a distance not exceeding 300 -feet total for underground facilities. (2) A permit is not required for adding new aerial facilities on existing poles to a minimum elevation of 16 -feet above ground elevation. (3) A permit is not required where it is indicated in the current franchise agreement that the franchise agreement itself shall constitute a permit to perform all work on the Company's (Utility's) system within the right-of-way. As of the date of the adoption of this ordinance, this exemption applies only to CenterPoint Energy Houston Electric, LLC. (4) A permit is not required for emergency service repairs or situations where excavations are needed immediately to correct or remove a situation which presents an immediate and imminent threat to the health, safety and welfare of the public. In these situations, the Person making the excavation shall immediately contract the Public Works 11