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267.420 Fees -- Costs -- Expenses -- Compensation of employees and viewers.
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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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