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

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Sec. 62-106. Timeframe and Process for City Review and Inspection. The City shall issue a construction permit or written denial with written summary of the deficiency or deficiencies causing the denial within 10 -working days after receipt of a complete application. The Director will make every reasonable effort not to delay the Utility's ability to provide service to the end user and to respond and provide a response prior to the end of 10 - working days if possible. The Director of Planning shall govern the permit review process with input and assistance from the Director of Public Works. Upon permit approval the Director of Public Works shall govern the inspection process with input and assistance from the Director of Planning. Sec. 62-107. Reserved for Future Use Sec. 62-108. Permit Fees. To be acceptable for filing, an application shall be accompanied by a permit fee in the following amount as appropriate: (1) For certificated telecommunications providers providing access lines (as defined in Chapter 283 Local Government Code): no fee (2) For Persons occupying the Rights -of -Way of the City under a local and/or state franchise agreement or ordinance: no fee (3) For all other Applicants: no fee except for a competitor of a Utility under a current franchise agreement with the City of LaPorte. The fee, or fee agreement, required of the Applicant will be the minimum necessary for the City to comply with all provisions of the current franchise agreement including Favored Nations clauses and/or other franchise agreement provisions that prohibit the City from placing the franchised Utility at a competitive disadvantage with a non -franchised competitor. Sec. 62-109. Preconstruction Meeting Requirements. A preconstruction meeting with the project representative employed by the Utility owner, the Utility's contractor and the City may be required by the Director for large utility projects or projects involving non -typical construction methods or where there is especially critical public infrastructure located within the project limits.