KRS 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 sh all

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 th ereof 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 preparatio n 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 c ompany, 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 construct ion 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 progre sses 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 c ompany 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 affo rded 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.