Porterville Municipal Code § 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)

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)