(Amended by Ordinance Nos. 151100, 176555 and 184957, effective November 25, 2011.) Any person conducting a business within the City under a City franchise or permit, giving to such person the right to construct underground conduits or to lay pipes underground, shall, before entering upon any street for the purpose of cutting into, digging trenches in, or opening any street preparatory to the construction of any conduit or to the laying of any pipes, wires, or cables, file with the Director of the Bureau of Transportation detailed plans and specifications of all the proposed construction work. Such plans shall be drawn to a scale prescribed by the Director of the Bureau of Transportation and such specifications shall state the manner of construction and the kind of materials proposed to be used. If the plans and specifications are satisfactory to the City Engineer, the Director of the Bureau of Transportation shall issue a permit to the person filing them to construct the work. If the City Engineer does not approve the plans or specifications or orders changes made therein, the person submitting them shall comply with the City Engineer’s requirements and shall file new plans and specifications which are satisfactory to the City Engineer. If these are approved by him or her, the person may then obtain a permit and proceed with the construction of the work. If in the performance of the work it becomes necessary to deviate from such plans and specifications, deviation shall not be made until first approved by the City Engineer.
Upon completion of the construction for which a permit has been issued, a map showing the location at depths below the surface of the ground of all construction work done under the permit shall be filed with the Director of the Bureau of Transportation. If changes have been made after the permit is issued, these changes shall be shown in an easily distinguishable manner. The final map shall bear a statement to the effect that the work done under the permit is correctly shown, and shall be signed by an authorized representative of the company doing the work.
The provisions of this Section shall apply both to dedicated right-of-way and to proposed right-of-way in approved land divisions which will be dedicated to the public upon plat recording. Permits issued for underground construction in proposed right-of-way shall require acknowledgment that the permittee will hold the City of Portland harmless against any liability which may occur prior to dedication of the right-of-way, and further acknowledgment that the permittee assumes all risk of loss which may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements. Permits shall be issued only after street improvement plans have been approved.