178.355 Procedure for ordering elimination of grade crossings or change of existing overhead or underpass structure crossing county road. - Kentucky Statutes

Download pdf

Loading PDF...

178.355 Procedure for ordering elimination of grade crossings or change of existing overhead or underpass structure crossing county road. (1) Whenever the fiscal court considers it reasonably necessary for the public safety, it may in the manner hereinafter provided, order any railroad company, either steam or
electric, owning or operating a railroad in its county, to eliminate any existing grade
crossing or change any existing overhead or underpass structure where any county
road crosses the railroad tracks of such company. (2) The fiscal court shall give at least ten (10) days' notice by certified mail, return receipt requested to the railroad company of a hearing to be held at a time and place
stated in the notice, at which hearing it shall consider whether or not the proposed
grade separation or change is reasonably necessary and the most advantageous
method of effecting the grade separation or change. In determining whether the
proposed grade separation or change is reasonably necessary, the fiscal court shall
receive evidence of, and shall consider, all relevant facts, including the present and
prospective density of highway traffic and the present and prospective frequency
and speed of train movements over the crossing, the adequacy of existing or
proposed signals or warning devices for the protection of highway traffic at the
grade crossings, the possibility and probability of personal injury to the public using
the highway and to employees and passengers of the railroad company and damage
to property, and the cost of the grade separation or change in relation to benefits
resulting from the proposed construction. If the fiscal court finds that the grade
separation or change is reasonably necessary, it shall make an order to that effect
and furnish a copy thereof by certified mail, return receipt requested to the railroad
company. The order shall specify a general plan for the new or changed grade
separation. The order shall direct the railroad company to prepare plans,
specifications and estimates of cost for the grade separation or change in accordance
with the general plan prescribed by the order, or may provide that the plans,
specifications and estimates of cost shall be prepared by the county if the grade
separation structure shall pass over the railroad tracks. The plans, specifications and
estimates of cost may, if requested by any public utility, provide facilities for such
public utility. (3) Within ninety (90) days after the entry of an order directing a grade separation or change, and the preparation of plans, specifications and estimates of cost by the
railroad company, the railroad company shall present to the fiscal court, plans,
specifications and estimates of cost for the grade separation or change, including the
necessary approaches thereto. (4) After receipt of the plans, specifications and estimates of cost from the railroad company the fiscal court shall give at least ten (10) days' notice by certified mail,
return receipt requested to the railroad company of a time and place for final hearing
with respect to the grade separation or change. If the fiscal court elects to prepare
plans, specifications and estimates of cost, it shall furnish copies thereof to the
railroad company prior to or at the time it gives notice of a final hearing. At the
final hearing the fiscal court shall consider whether or not the plans make
reasonably adequate provision for present and future safety and convenience of highway traffic and present and future safety and efficiency of operation of trains of
the railroad company, its employees and passengers, and for the development of
highway and railroad facilities, and shall approve or modify the plans and
specifications. It shall then consider and determine the method of doing the work,
whether by the railroad company or by the county, or partly by one and partly by the
other, and whether by contract or by the employees of the county or the railroad
company, or both, or by any combination of these methods, and if by contract, the
method and manner of advertising for bids, the time and place of opening the bids,
the time when work shall be begun and completed, and all similar matters of an
administrative nature. The fiscal court shall embody its conclusions in a final order,
a copy of which shall be sent by certified mail, return receipt requested to the
railroad company. (5) The fiscal court may reject or order the rejection of all bids submitted for the work, or any part thereof, and require a readvertisement for bids. The fiscal court may
reject all bids and elect to do the work itself, or partly by itself and by the railroad
company, or by contractors, or by a combination of these methods. If the work
includes a structure to support the railroad tracks, the railroad company shall have
the right to supervise the construction of that part of the work. If the fiscal court
elects to do the work itself there shall not be charged to the railroad company any
sum in excess of that it would have been required to pay had the contract been let to
the lowest bidder. (6) In all cases where the work is let by the railroad company on contract, the work shall be done under the general supervision of the county road engineer. (7) The cost of all work incident to or occasioned by the elimination of the grade crossing and the construction of a substituted crossing, or the reconstruction of an
existing overhead or underpass structure, including, without limitation of the
generality of the foregoing, the cost of preparing plans and specifications, the cost
of acquisition of necessary property and property damage, if any, the construction of
approaches, drainage structures, and streets and pavements, shall be paid in the
proportion of fifteen percent (15%) by the railroad company and eighty-five percent
(85%) by the county. (8) As the work progresses the fiscal court shall furnish to the railroad company, and the railroad company shall furnish to the fiscal court, a monthly statement showing
in detail all amounts expended in connection with the work. On or about the
fifteenth of each month, the county road 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 county to the
railroad company or from the railroad company to the county. Upon receipt of the
statement each party shall pay to the other the amounts shown to be due thereby. (9) All payments made on such monthly statements shall be considered only payments on account, and upon final completion of the work the county road 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 county 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 county road engineer in his final statement shall be paid by
one party to the other promptly upon receipt of such final statement. (10) The fiscal court and any railroad company may agree by contract as to the method of eliminating any grade crossing or changing any existing overhead or underpass
structure. In event of such agreement all notices, hearings and proceedings shall be
deemed to have been waived, and the work of eliminating the grade crossing or
making the change shall be performed in accordance with the terms of the contract,
with the same effect as though the work were being performed pursuant to a final
order of the fiscal court. Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 114, sec. 31, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 23. -- Created 1952 Ky. Acts ch. 187, sec. 2, effective
June 19, 1952.