Code of Federal Regulations Title 49. Transportation 49 CFR § 1201.39 39 Public improvements;  construction

This account shall include amounts assessed on carrier property by governmental authority (by mutual agreement or otherwise) to cover the cost of constructing public improvements, when such assessments are made against property within defined areas of taxing districts. The account also shall include carrier's portion of the cost of public improvements constructed under governmental requirements. (See instruction 2–17.) The entire amount of each assessment and other liabilities for public improvements shall be included in this account as soon as the amounts are determined.

ITEMS

Cost of land outside carrier's right-of-way to provide for the relocation of streets or highways or providing slopes therefor.

Cost of removal and relocation of buildings and other structures in connection with the construction of streets and highways.

Curbing streets and highways.

Damage to property of others when incidental to highway construction.

Drainage systems.

Engineering—When such costs apply to items chargeable to this account.

Flood protection.

Grading streets and highways.

Guttering streets and highways.

Irrigation systems.

Levees.

Overhead highway bridges, including approaches.

Paving streets and highways, including such pavings at crossings.

Planking, highway crossings.

Sewer systems.

Sidewalks.

Street-lighting systems.

Water works.

Note A:  The cost of railway facilities installed in connection with joint public improvement projects if not in excess of total costs borne by the carrier shall be included in accounts other than account 39, “Public improvements;  construction,” appropriate for the class of property installed. Any costs borne by the carrier in excess of the cost of railway facilities shall be charged to this account. The carrier shall charge the cost of assessments for public improvements which is borne by joint owner tenants to the appropriate property accounts other than account 39, “Public improvements;  construction,” assessments from tenant owners shall be credited to account 795, “Other capital.” The owner tenants shall charge their proportionate share of the assessment to account 721, “Investments and advances;  affiliated companies.” The carrier shall charge the appropriate property accounts other than the public improvement account for the cost of public improvement assessments borne by nonowner tenants with contra credit to account 38–00–00, “Purchased services—Joint facility—Credit,” and the tenants shall charge their proportionate share of the assessments to account 37–00–00, “Purchased services—Joint facility—Debit.”

Note B:  The cost to the carrier of maintaining public improvements shall be included in operating expenses.

Note C:  Any portion of the cost of public improvements which is included in the general tax levy for a regular taxing district shall be included in the account appropriate for the taxes.

Note D:  The amount of the deferred payments of assessments for public improvements, if payments are to be made within one year, shall be included in account 763, “Other current liabilities.” If the payments are spread over a longer period they shall be credited to account 782, “Other liabilities.” The interest paid on such assessments shall be included in account 547, “Interest on unfunded debt.”

Note E:  Interest imposed for failure to pay assessments within the allocated time shall be charged to Account 547, Interest on unfunded debt. Any related penalties shall be charged to Account 551, Miscellaneous income charges.

Note F:  Assessments on noncarrier property for the cost of constructing public improvements shall be charged to account 737, “Property used in other than carrier operations.”