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177.170 Division of costs -- Payment.
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The cost of preparing the plans, specifications and estimates of cost and of
advertising for bids shall be paid wholly by the railroad company. The state
shall pay one-half (1/2) of the cost of the work within the right-of-way lines of
the railroad company, extended across the highway, and the railroad company
shall pay the other one-half (1/2) of the cost of the work lying within said lines.
The department shall pay the entire cost of all work lying beyond the
right-of-way lines of the railroad.
As the work progresses the department shall furnish to the railroad company,
and the railroad company shall furnish to the department, a monthly statement
showing in detail all amounts expended in connection with the work. On or
about the fifteenth of each month the state highway engineer shall prepare a
statement showing the total amount expended to the close of the preceding
month, the amount paid or expended by each party up to that time, and the
amount due from the department to the railroad company or from the railroad
company to the department. Upon receipt of the statement each party shall pay
to the other the amounts shown to be due thereby.
All payments made on such monthly statements shall be considered only
payments on account, and upon final completion of the work the state highway
engineer shall prepare and furnish to the railroad company a statement
showing the total cost of the work, the amount paid or expended by the
department or the railroad company, and the amount due from one to the
other. Each party shall be afforded reasonable opportunities to verify the
statements of expenditures by the other, and the balance due as certified by
the state highway engineer in his final statement shall be paid by one (1) party
to the other promptly upon receipt of such final statement.
The work lying within the right-of-way of the railroad shall be maintained at the
expense of the railroad company, but the railroad company shall not be
required to keep up the surface of the roadbed of the highway.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. secs. 4356z-6, 4356z-11.
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