(a) Duty of Railroad. After the contract is let and the actualconstruction is commenced, if the work is being done with a floating dredge,the superintendent in charge of construction shall notify the railroad companyof the probable time at which the contractor will be ready to enter upon theright‑of‑way of such railroad and construct the work thereon. Itshall be the duty of the railroad to send a representative to view the groundwith the superintendent of construction and arrange the exact time at whichsuch work can be most conveniently done. At the time agreed upon the railroadcompany shall remove its rails, ties, stringers, and such other obstructions asmay be necessary to permit the dredge to excavate the channel across its right‑of‑way.The work shall be so planned and conducted as to interfere in the leastpossible manner with the business of the railroad.
(b) Utilities Commission to Settle. If the superintendent ofconstruction and the railroad company shall not be able to agree as to theexact time at which such work can be done, including the time of beginning andthe time to be consumed in such work, either party may give written noticethereof to the chairman of the Utilities Commission of the State, and thereuponthe Utilities Commission shall cause an investigation to be made, and, afterhearing both parties, shall fix the time of beginning such work and the time tobe consumed in the work of construction, and the final determination of theUtilities Commission thereon shall be binding upon the superintendent ofconstruction representing the district and the railroad company, and the workshall be done in such time as may be fixed by the Utilities Commission.
(c) Penalty for Delay. In case the railroad company refusesand fails to remove its track and allow the dredge to construct the work onits right‑of‑way, it shall be held as delaying the construction ofthe improvement, and such company shall be liable to a penalty of twenty‑fivedollars ($25.00) per day for each day of delay, to be collected by the board ofdrainage commissioners for the benefit of the drainage district as in the caseof other penalties. Such a penalty may be collected in any court havingjurisdiction, and shall inure to the benefit of the drainage district.
(d) Payment of Expense. Within 30 days after the work iscompleted an itemized bill for actual expenses incurred by the railroad companyfor opening its tracks shall be made and presented to the superintendent ofconstruction of the drainage improvement. Such bill, however, shall not includethe cost of putting in a new bridge or strengthening or enlarging an old one.The superintendent of construction shall audit this bill and, if found correct,approve the same and file it with the secretary of the board of drainagecommissioners. The commissioners shall deduct from this bill the cost of theexcavation done by the dredge on the right‑of‑way of the railroadcompany at the contract price, and pay the difference, if any, to the railroadcompany. (1909, c. 442, s.28; 1911, c. 67, s. 7; C.S., s. 5348; 1933, c. 134, s. 8; 1941, c. 97, s. 1.)
(a) Duty of Railroad. After the contract is let and the actualconstruction is commenced, if the work is being done with a floating dredge,the superintendent in charge of construction shall notify the railroad companyof the probable time at which the contractor will be ready to enter upon theright‑of‑way of such railroad and construct the work thereon. Itshall be the duty of the railroad to send a representative to view the groundwith the superintendent of construction and arrange the exact time at whichsuch work can be most conveniently done. At the time agreed upon the railroadcompany shall remove its rails, ties, stringers, and such other obstructions asmay be necessary to permit the dredge to excavate the channel across its right‑of‑way.The work shall be so planned and conducted as to interfere in the leastpossible manner with the business of the railroad.
(b) Utilities Commission to Settle. If the superintendent ofconstruction and the railroad company shall not be able to agree as to theexact time at which such work can be done, including the time of beginning andthe time to be consumed in such work, either party may give written noticethereof to the chairman of the Utilities Commission of the State, and thereuponthe Utilities Commission shall cause an investigation to be made, and, afterhearing both parties, shall fix the time of beginning such work and the time tobe consumed in the work of construction, and the final determination of theUtilities Commission thereon shall be binding upon the superintendent ofconstruction representing the district and the railroad company, and the workshall be done in such time as may be fixed by the Utilities Commission.
(c) Penalty for Delay. In case the railroad company refusesand fails to remove its track and allow the dredge to construct the work onits right‑of‑way, it shall be held as delaying the construction ofthe improvement, and such company shall be liable to a penalty of twenty‑fivedollars ($25.00) per day for each day of delay, to be collected by the board ofdrainage commissioners for the benefit of the drainage district as in the caseof other penalties. Such a penalty may be collected in any court havingjurisdiction, and shall inure to the benefit of the drainage district.
(d) Payment of Expense. Within 30 days after the work iscompleted an itemized bill for actual expenses incurred by the railroad companyfor opening its tracks shall be made and presented to the superintendent ofconstruction of the drainage improvement. Such bill, however, shall not includethe cost of putting in a new bridge or strengthening or enlarging an old one.The superintendent of construction shall audit this bill and, if found correct,approve the same and file it with the secretary of the board of drainagecommissioners. The commissioners shall deduct from this bill the cost of theexcavation done by the dredge on the right‑of‑way of the railroadcompany at the contract price, and pay the difference, if any, to the railroadcompany. (1909, c. 442, s.28; 1911, c. 67, s. 7; C.S., s. 5348; 1933, c. 134, s. 8; 1941, c. 97, s. 1.)
(a) Duty of Railroad. After the contract is let and the actualconstruction is commenced, if the work is being done with a floating dredge,the superintendent in charge of construction shall notify the railroad companyof the probable time at which the contractor will be ready to enter upon theright‑of‑way of such railroad and construct the work thereon. Itshall be the duty of the railroad to send a representative to view the groundwith the superintendent of construction and arrange the exact time at whichsuch work can be most conveniently done. At the time agreed upon the railroadcompany shall remove its rails, ties, stringers, and such other obstructions asmay be necessary to permit the dredge to excavate the channel across its right‑of‑way.The work shall be so planned and conducted as to interfere in the leastpossible manner with the business of the railroad.
(b) Utilities Commission to Settle. If the superintendent ofconstruction and the railroad company shall not be able to agree as to theexact time at which such work can be done, including the time of beginning andthe time to be consumed in such work, either party may give written noticethereof to the chairman of the Utilities Commission of the State, and thereuponthe Utilities Commission shall cause an investigation to be made, and, afterhearing both parties, shall fix the time of beginning such work and the time tobe consumed in the work of construction, and the final determination of theUtilities Commission thereon shall be binding upon the superintendent ofconstruction representing the district and the railroad company, and the workshall be done in such time as may be fixed by the Utilities Commission.
(c) Penalty for Delay. In case the railroad company refusesand fails to remove its track and allow the dredge to construct the work onits right‑of‑way, it shall be held as delaying the construction ofthe improvement, and such company shall be liable to a penalty of twenty‑fivedollars ($25.00) per day for each day of delay, to be collected by the board ofdrainage commissioners for the benefit of the drainage district as in the caseof other penalties. Such a penalty may be collected in any court havingjurisdiction, and shall inure to the benefit of the drainage district.
(d) Payment of Expense. Within 30 days after the work iscompleted an itemized bill for actual expenses incurred by the railroad companyfor opening its tracks shall be made and presented to the superintendent ofconstruction of the drainage improvement. Such bill, however, shall not includethe cost of putting in a new bridge or strengthening or enlarging an old one.The superintendent of construction shall audit this bill and, if found correct,approve the same and file it with the secretary of the board of drainagecommissioners. The commissioners shall deduct from this bill the cost of theexcavation done by the dredge on the right‑of‑way of the railroadcompany at the contract price, and pay the difference, if any, to the railroadcompany. (1909, c. 442, s.28; 1911, c. 67, s. 7; C.S., s. 5348; 1933, c. 134, s. 8; 1941, c. 97, s. 1.)
