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267.420 Fees -- Costs -- Expenses -- Compensation of employees and
viewers.
(1)
(2)
(3)
The fees of officers for services rendered under this chapter shall be the same
as fees allowed by law for similar services in other cases. Such fees shall be
taxed as part of the costs. The county judge/executive shall also include as
costs reasonable fees to the attorneys for the petitioners in the proceeding to
establish the improvement. All costs shall be paid on the order of the county
judge/executive out of the drainage fund. The compensation allowed for
services of the engineers, viewers and for all other labor, unless paid out of
funds deposited by the petitioners, shall be paid on the order of the county
judge/executive out of the drainage fund. If any part of such expense has been
paid by the petitioners, or any deposit for that purpose has been made by
them, it shall be refunded to them, without interest, out of the drainage fund. If
the improvement is not established, all such costs and expenses shall be paid
by the petitioners, and they shall be liable for the same on their bond.
If any person, including any engineer or viewer, who has performed labor in
connection with the improvement up to the time of final reference to the board,
desires payment of the amount due up to that time, he may so inform the
county judge/executive, which shall thereupon notify the petitioners or their
attorneys of record of such fact in writing, stating the amount required, and call
upon the petitioners to deposit with the county treasurer an amount sufficient to
pay the same. The petitioners shall then deposit that amount within thirty (30)
days from the date of receiving the notice. If they fail to pay it within that time,
the proceeding may be dismissed at the cost of the petitioners. The treasurer
shall pay out the money so deposited with him upon order or warrant of the
board, if then appointed, and if not, on order of the county judge/executive.
The compensation of the engineer on the board of viewers shall be fixed by the
county judge/executive at or before the time of his appointment, by order
entered of record. The other viewers shall receive four dollars ($4) per day for
the time actually engaged in performing their duties. Rodmen, chain carriers
and other laborers employed in the work shall receive not exceeding two
dollars ($2) per day for their services. Any fees or compensation not provided
for in this chapter shall be fixed by the county judge/executive unless the
person providing the services is employed by the board, in which case the
board shall fix his fees or compensation. The treasurer shall only pay out
money on order of the county judge/executive, or on warrants drawn by the
board, signed by its president and countersigned by its secretary.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 411, effective June 17, 1978. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2380-36.
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