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

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ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING REGULATIONS FOR MANAGEMENT OF PUBLIC RIGHTS-OF-WAY IN THE CITY LIMITS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", is hereby amended by adding new Article IV. "Management of Public Rights -of -Way", which shall hereinafter read as follows: "Article IV. Management of Public Rights -of -Way Sec. 62-100. — Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Applicant or Person or Utility. All of these terms shall include any individual, firm, partnership, association, corporation, company, business entity or organization of any kind. All of these terms shall also include the owner of Facilities located in the Right of Way. These terms shall not include the city. City. The City of LaPorte, Texas. Director. The City Planning Director and/or his designee unless stated otherwise. Excavation. The making of a hole or cavity of any size in a surface, the boring or tunneling under a surface or the disruption or breaking of a surface in the Right -of -Way as "Right of Way" is defined below. 1