177.170 Division of costs -- Payment. - Kentucky Statutes

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177.170 Division of costs -- Payment. (1) 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. (2) 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. (3) 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. (4) 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.