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177.170 Division of costs -- Payment.

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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 <br>pay one-half (1/2) of the cost of the work within the right-of-way lines of the <br>railroad company, extended across the highway, and the railroad company shall pay <br>the other one-half (1/2) of the cost of the work lying within said lines. The <br>department shall pay the entire cost of all work lying beyond the right-of-way lines <br>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 <br>in detail all amounts expended in connection with the work. On or about the <br>fifteenth of each month the state highway engineer shall prepare a statement <br>showing the total amount expended to the close of the preceding month, the amount <br>paid or expended by each party up to that time, and the amount due from the <br>department to the railroad company or from the railroad company to the department. <br>Upon receipt of the statement each party shall pay to the other the amounts shown <br>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 <br>prepare and furnish to the railroad company a statement showing the total cost of <br>the work, the amount paid or expended by the department or the railroad company, <br>and the amount due from one to the other. Each party shall be afforded reasonable <br>opportunities to verify the statements of expenditures by the other, and the balance <br>due as certified by the state highway engineer in his final statement shall be paid by <br>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 <br>keep up the surface of the roadbed of the highway. Effective: October 1, 1942 <br>History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356z-6, 4356z-11.