Article II — STREET EXCAVATIONS

SECTION:

20-7: Definitions

20-8: Excavation Permit; Required Generally; Compliance With Article Prerequisite To Issuance

20-9: Excavation Permit; Persons To Whom Annual Permit May Be Issued

20-10: Excavation Permit; Application

20-11: Excavation Permit; Deposit Required With Application; Exception

20-12: Excavation Permit; Fee

20-13: Excavation Permit; Insurance Prerequisite To Issuance

20-14: Free Movement Of Traffic Maintained If Possible; Closing Of Streets When Necessary; Notice To Public Agencies And General Public

20-15: Specifications For Warning Signs And Lights

20-16: Interference With Fire Hydrants, Water Gates, Etc.

20-17: Safe Traffic Crossings Required

20-18: Relocation And Protection Of Utilities

20-19: Abandonment Of Substructures

20-20: Protection Of Adjoining Property Generally

20-21: Required Barriers And Warning Devices

20-22: Disposition Of Excavated Material; Safety Requirements For Trench And Tunnel Excavations Generally

20-23: Cleaning Up Of Rubbish, Debris, Etc.

20-24: Protection Of Watercourse

20-25: Breaking Through Or Cutting Pavement

20-26: Depth Of Subsurface Structures

20-27: Backfilling

20-28: Restoration Of Surface; Generally

20-29: Restoration Of Surface; Right Of City To Designate Person To Do Resurfacing

20-30: Restoration Of Surface; Specifications And Requirements

20-31: Maximum Length Of Trenches

20-32: Duty Of Permittee To Expedite Work; Generally

20-33: Duty Of Permittee To Expedite Work; Urgent Work

20-34: Applicability Of Article To Emergency Action

20-35: Control Of Noise, Dust And Debris

20-36: Preservation Of Monuments

20-37: Inspections

20-38: Maintenance Of Drawings Of Subsurface Structures

20-38.1: Railroad Crossings; Safety And Maintenance

20-39: Liability Of City

20-7: DEFINITIONS:

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein.

When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

ADMINISTRATIVE AUTHORITY: The city manager or his delegated representative of the city.

EXCAVATION: Any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.

FACILITY: Pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole

line, anchor, cable, junction box, transformer or any other material, structure, or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed, maintained in, upon, along, across, under or over any public place.

PERSON: Any individual, firm, copartnership, joint venture, association, corporation, company, railroad entity, estate, trust, the state of California, all public districts and other political subdivisions or governmental entities of the state of California, but excluding the city of Porterville, and any group or combination acting as a unit.

PUBLIC PLACE: Any public street, way, place, alley, sidewalk, park, square, plaza or any other public property owned or controlled by any governmental agency in a governmental capacity.

SUBSTRUCTURE: Any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other structure located below the surface of any public place. (Ord. 1756, 8-4-2009)

20-8: EXCAVATION PERMIT; REQUIRED GENERALLY; COMPLIANCE WITH ARTICLE PREREQUISITE TO ISSUANCE:

No person shall make an excavation or fill any excavation in any public place without first obtaining a permit so to do from the administrative authority, except as otherwise provided in this article. No permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this article. (Ord. 684 § 3)

20-9: EXCAVATION PERMIT; PERSONS TO WHOM ANNUAL PERMIT MAY BE ISSUED:

The administrative authority may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within a public place where the opening or excavation does not exceed two feet (2') in width and four feet (4') in length, to the following:

A. A public utility regulated by the public utilities commission of the state.

B. A person holding a franchise from the city.

C. The water, electric and gas departments of the city. (Ord. 684 § 3)

20-10: EXCAVATION PERMIT; APPLICATION:

No excavation permit shall be issued unless a written application, on a form provided by the administrative authority, for the issuance of an excavation permit is submitted to the administrative authority. The written application shall state the name and address and principal place of business of the applicant, the authority of applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal for which excavation is to be made, the purpose of the facility and the length of time which will be required to complete such work, including backfilling such excavation and removing all obstructions, material and debris. The application, when approved and signed by the administrative authority, shall constitute a permit. (Ord. 684 § 4)

20-11: EXCAVATION PERMIT; DEPOSIT REQUIRED WITH APPLICATION; EXCEPTION:

The application for an excavation permit to perform excavation work under this article shall be accompanied by a performance bond or cash in the amount of two thousand dollars ($2,000.00).

Any person required to file a performance bond or cash under this section may file said bond with or pay said cash to the city in any amount not less than two thousand dollars ($2,000.00) as a continuing deposit and said deposit shall satisfy the requirements of this section so long as said amount satisfied the aggregate amount required of said person at any one time for excavation under this article.

Any deposit made hereunder shall serve as security for the repair and performance of work necessary to put the public place in as good a condition as it was prior to the excavation.

Thirty (30) days (or as soon thereafter as possible) after satisfactory completion of the work as determined by administrative authority the bond shall be released or the cash deposit shall be returned to the permittee; provided, however, that the bonding company may be required or the cash may be used by the city to complete any work not satisfactorily completed by the permittee and the amount of the cash deposit refunded to the permittee shall be decreased by the amount expended by the city in the completion of the work; provided, however, that in the case of a continuing deposit no release of the bond shall be given nor shall any cash be refunded except upon the written request of the permittee.

In the case of excavations by public utility companies operating under a franchise issued by the city or under the supervision of the public utilities commission or utilities operated by governmental agencies a permit may be granted without making such deposit, but in such cases, the utilities shall be liable for the actual cost of any work required to be done by the city in restoring the area covered by such excavations to as good a condition as the same was in before such work was done; further provided, that the city may, in the future, require such deposit from such utility if a bill rendered in accordance with this section remains unpaid thirty (30) days after billing. (Ord. 1537 § B62, 8-6-1996)

20-12: EXCAVATION PERMIT; FEE:

A permit fee shall be charged by the administrative authority for the issuance of an excavation permit. The fee for a permit shall be fixed by resolution of the city council. (Ord. 684 § 5; Ord. 1046 § A, 9-18-1973)

20-13: EXCAVATION PERMIT; INSURANCE PREREQUISITE TO ISSUANCE:

Before an excavation permit, as provided in this article, is issued the applicant shall provide to the administrative authority proof that the applicant has in full force and effect with a reputable insurance company permitted to do business in the state of California liability insurance insuring said applicant in the performance of the work covered by the excavation permit in the minimum amounts set forth by resolution.

The city may require that the applicant deposit with the city a certificate of said indemnity insurance prior to issuing the excavation permit. (Ord. 684 § 6; Ord. 875 § A, 3-23-1967; Ord. 1120 §§ A, B, 9-20-1977)

20-14: FREE MOVEMENT OF TRAFFIC MAINTAINED IF POSSIBLE; CLOSING OF STREETS WHEN NECESSARY; NOTICE TO PUBLIC AGENCIES AND GENERAL PUBLIC:

The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the administrative authority may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary.

The written approval of the administrative authority may require that the permittee give notification to various public agencies and to the general public. In such case, such written notice shall not be valid until such notice is given. (Ord. 684 § 8)

20-15: SPECIFICATIONS FOR WARNING SIGNS AND LIGHTS:

Warning signs shall be placed far enough back of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, all in accordance with the "Manual Of Traffic Controls For Construction And Maintenance Work Zones", prepared by the state of California business, transportation and housing agency, department of transportation (including latest revisions). (Ord. 1537 § B63, 8-6-1996)

20-16: INTERFERENCE WITH FIRE HYDRANTS, WATER GATES, ETC.:

The excavation work regulated by this article shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the administrative authority. (Ord. 684 § 9)

20-17: SAFE TRAFFIC CROSSINGS REQUIRED:

The permittee shall maintain safe crossings for two (2) lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet (300'). If any excavation is made across any public street, alley or sidewalk, at least one safe crossing shall be maintained, when possible, for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half (1/2) of the sidewalk width shall be maintained along such sidewalk line. (Ord. 684 § 10)

20-18: RELOCATION AND PROTECTION OF UTILITIES:

The permittee shall not interfere with any existing utility without the written consent of the administrative authority and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless the permittee makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work. In case any of such pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility, and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. (Ord. 684 § 11)

20-19: ABANDONMENT OF SUBSTRUCTURES:

Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling, or having an interest therein, shall within thirty (30) days after such abandonment file with the administrative authority a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body. (Ord. 684 § 12)

20-20: PROTECTION OF ADJOINING PROPERTY GENERALLY:

The permittee shall at all times and at his own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose, and if he cannot obtain a license from such owner, the administrative authority may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate city department or city official having control of such property. (Ord. 684 § 13)

20-21: REQUIRED BARRIERS AND WARNING DEVICES:

It shall be the duty of every person, cutting or making an excavation in or upon any public place, to place and maintain such barriers and warning devices necessary for safety as specified by the state division of highways' publication "Manual Of Traffic Controls For

Construction And Maintenance Work Zones", prepared by the state of California business, transportation and housing agency, department of transportation (including latest revisions).

Barriers shall meet the requirements of the administrative authority. Warning lights shall be flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources. (Ord. 1537 § B64, 8-6-1996)

20-22: DISPOSITION OF EXCAVATED MATERIAL; SAFETY REQUIREMENTS FOR TRENCH AND TUNNEL EXCAVATIONS GENERALLY:

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled, and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the administrative authority shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

All materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the administrative authority. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the administrative authority to prevent the spreading of dirt into traffic lanes.

All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with "trench and tunnel construction safety orders of the state of California", as they now or may hereafter exist. (Ord. 684 § 15)

20-23: CLEANING UP OF RUBBISH, DEBRIS, ETC.:

As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the administrative authority. From time to time, as may be ordered by the administrative authority and in any event immediately after completion of such work, the permittee shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within twenty four (24) hours after having been notified to do so by the administrative authority, such work may be done by the administrative authority and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided for by this article. (Ord. 684 § 16)

20-24: PROTECTION OF WATERCOURSE:

The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot (1') in width from the face of such curb at the gutterline. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings, or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. (Ord. 684 § 17)

20-25: BREAKING THROUGH OR CUTTING PAVEMENT:

A. Heavy duty pavement breakers may be prohibited by the administration authority when the use endangers existing substructures or other property.

B. Saw cutting of Portland cement concrete may be required by the administrative authority when the nature of the job or the condition of the street warrants. When required, the depth of the cut shall be no less than one inch (1") in depth; however, depths greater than one inch (1") may be required by the administrative authority when circumstances warrant. Saw cutting may be required by the administrative authority outside of the limits of the excavation over cave outs, overbreaks and small floating sections.

C. Approved cutting of bituminous pavement surface ahead of excavations may be required by administrative authority to confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest score line or saw cut edge.

E. Unstable pavement shall be removed over cave outs and overbreaks and the subgrade shall be treated as the main trench.

F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

G. Cutouts outside of the trench lines must be normal or parallel to the trench line.

H. Boring or other methods to prevent cutting of new pavement may be required by the administrative authority.

I. The permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case the permittee shall remove and pave the area. (Ord. 684 § 18)

20-26: DEPTH OF SUBSURFACE STRUCTURES:

No person shall, without written permission of the administrative authority, install any substructure, except manholes, vaults, valve casings, culverts and catch basins at a distance less than the following:

A. Streets: Twenty four inches (24") below the established flow line of the gutter. If such flow line is not established, then the depth shall be at a minimum of twenty four inches (24") below the surface of the outermost edge of the traveled portion of the street.

B. Parkway:

1. The minimum depth of any substructure shall be sixteen inches (16") below established gutter grade when said substructure

parallels the parkway.

2. The minimum depth of any substructure shall be twelve inches (12") below the top of the established sidewalk or curb when such

substructure is at right angles to the parkway.

C. Other Public Places: The minimum depth of any substructure in any other public place shall be twelve inches (12") below the surface; provided, however, that the administrative authority may permit a lesser depth in special cases.

Nothing in this section shall impose a duty upon the permittee to maintain such specifications as required herein upon subsequent changes of grade in the surface unless the grade in such substructure interferes with the maintenance of, or travel on, a public street. (Ord. 684 § 19)

20-27: BACKFILLING:

Fine material, free from lumps and stone, selected from the spoil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavements in lifts consistent with the type of soil involved and the method of consolidation being used. Broken pavement, large stones, roots and other debris shall not be used in the backfill. Each lift shall be flooded, jetted, rolled or tamped, or a combination of these methods shall be used, depending upon the type of soil involved, to compact the backfill material. Such backfill shall be done in a manner that will permit the restoration of the surface to condition equivalent to that in which it was prior to excavation. The administrative authority may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when, in his opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements as prescribed by the administrative authority. All expense of such tests shall be borne by the permittee. (Ord. 684 § 20)

20-28: RESTORATION OF SURFACE; GENERALLY:

Permanent resurfacing of excavations may be made where the type of consolidation used in replacing the backfill is adequate, in the opinion of the administrative authority, to prevent settling and when the moisture content of the backfill is not excessive. In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided. If temporary surfacing is provided, the top surface of the backfill shall be covered with one inch (1") of bituminous material. Such temporary paving material shall be cold mix, except that the permittee may use or the administrative authority may require hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety (90) days after all backfilling is completed, unless additional time is required by the administrative authority, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, except that if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required by this article.

Acceptance or approval of any excavation work by the administrative authority shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within twenty four (24) months from the completion of the excavation work. The administrative authority's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities pursuant to this section. (Ord. 684 § 21)

20-29: RESTORATION OF SURFACE; RIGHT OF CITY TO DESIGNATE PERSON TO DO RESURFACING:

Upon completion of the backfilling, and when required, temporary resurfacing of an excavation within a public place for the installation or removal of substructures, the administrative authority, at his option, may require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, in which event resurfacing shall be done in a manner and under specifications prescribed by this article, subject to administrative authority inspection, and shall be completed within a period of ninety (90) days after such authorization to complete final resurfacing. The administrative authority may elect to do such resurfacing with city forces, in which event, the cost of such resurfacing shall be borne by the permittee. (Ord. 684 § 22)

20-30: RESTORATION OF SURFACE; SPECIFICATIONS AND REQUIREMENTS:

A. Subgrades shall be restored to that existing prior to the excavation or in accordance with standards for the construction of new streets used by the city.

B. Portland cement concrete used in the repair of trenches shall not have a slump in excess of two inches (2").

C. Portland cement concrete used in the repair of trenches in streets shall be replaced with a thickness equivalent to that removed, but in no case less than five inches (5"). Bituminous pavement shall be replaced at the same thickness as the existing pavement.

D. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than three and one-half inches (31/2") and shall be of a color and texture of the adjoining sidewalk.

E. Expansion joints in Portland cement patches shall be matched with saw cut lines.

F. Portland cement shall be finished to match the texture of that of the adjoining pavement.

G. Concrete shall be compacted by tamping, rodding or mechanical vibration.

H. Repairs in rock and oil streets shall be made in accordance with the existing specifications for bituminous type pavement.

I. Seal coats may be required by the administrative authority when the street has been seal coated or when it is a general practice of

the local jurisdiction to seal coat bituminous type pavement. (Ord. 684 § 22)

20-31: MAXIMUM LENGTH OF TRENCHES:

The maximum length of open trench permissible at any time shall be in accordance with existing ordinances or regulations, or as may be specified by the administrative authority, and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the administrative authority. (Ord. 684 § 23)

20-32: DUTY OF PERMITTEE TO EXPEDITE WORK; GENERALLY:

After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. (Ord. 684 § 24)

20-33: DUTY OF PERMITTEE TO EXPEDITE WORK; URGENT WORK:

If in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require the excavation work be performed as emergency work, the administrative authority shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty four (24) hours a day to the end that such excavation work may be completed as soon as possible. (Ord. 684 § 25)

20-34: APPLICABILITY OF ARTICLE TO EMERGENCY ACTION:

Nothing in this article shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs; provided, that the person making such excavation shall apply to the administrative authority for such a permit on the first working day after such work is commenced. (Ord. 684 § 26)

20-35: CONTROL OF NOISE, DUST AND DEBRIS:

Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and during the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. shall not use, except with the express written permission of the administrative authority, or in case of an emergency as otherwise provided in this article, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. (Ord. 684 § 27)

20-36: PRESERVATION OF MONUMENTS:

Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the administrative authority so to do. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the administrative authority. (Ord. 684 § 28)

20-37: INSPECTIONS:

The administrative authority shall make such inspections as are reasonably necessary in the enforcement of this article. The administrative authority shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article. (Ord. 684 § 29)

20-38: MAINTENANCE OF DRAWINGS OF SUBSURFACE STRUCTURES:

Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city, shall file with the administrative authority within one hundred twenty (120) days after the adoption of this article a map or set of maps each drawn to a scale of not less than one inch to two hundred feet (1" = 200') showing in detail the location, size, description and date of installation, if known, or all substructures, except a service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the administrative authority within fifteen (15) days after the first day of January of each and every year a corrected map or set of maps each drawn to such scale including all installations made during the previous year to and including the last day of such year; provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals. (Ord. 684 § 30)

20-38.1: RAILROAD CROSSINGS; SAFETY AND MAINTENANCE:

A. Unless otherwise provided by contract made between the railroad and the city, it shall be the duty of all railroad companies or entities owning or operating and maintaining a railroad passing through the city to place, keep or maintain crossings, and all places within their right of way where the public streets or alleys of the city intersect and cross any of the railroad tracks, in a suitable and safe condition for public travel over and across the same.

B. If the railroad facilities are at any time abandoned and removed, it shall be the duty of the railroad company or entity owning or operating and maintaining the crossing to remove the rails through the crossing at the same time as the remainder of the rails are removed and to reconstruct the crossing in the same manner as the remaining portions of the city street or alley are paved or in such other manner and with such other materials as shall be required by the city and in a suitable and safe condition for public travel. The term "crossing", as used in this section, shall include viaducts and roadways under or over the tracks of any railroad.

C. If any railroad crossing shall be at any time in bad condition or unsafe or inconvenient for public travel, the city council, upon recommendation of the city manager or his designee, may, by ordinance, resolution or motion call upon the proper railroad company to repair or replace the crossing and render the same safe and convenient for public travel. Unless otherwise ordered by the city council, all railroad crossing replacements shall be made with steel rails or steel plates. A copy of every such ordinance, resolution or motion shall be served upon the local agent of the railroad company whose duty it is to maintain such crossing; and for a failure or refusal to comply with such ordinance, resolution or motion within thirty (30) days after the service thereof, as aforesaid, such railroad company shall be deemed guilty of a misdemeanor.

D. Whenever any highway or alley upon, along or through which any railroad track is laid, shall be ordered paved by the city council, it shall be the duty of the railroad entity owning or operating such railroad track to pave all that portion of the street or alley, including in the space between the rails of its track or tracks, and for one foot (1') on the outer edge of the rails, in the same manner as the remaining portions thereof are paved or in such other manner and with such other materials as shall be required by the city's regulations and requirements. In the case of any default on the part of such company to comply with this requirement, the city council may cause such railroad track or tracks to be taken up, and pavement to be laid pursuant to the city's regulations and requirements, and every such railroad company shall be liable to the city for the cost and expense of paving such portion of the street or alley, together with lawful interest thereon from the completion of work. (Ord. 1756, 8-4-2009)

20-39: LIABILITY OF CITY:

This article shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any such liability for the issuance of any permit or the approval of any excavation work. (Ord. 684 § 31)