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<br /> I�IISC�LL�,NEOUS RECORD V
<br /> 29058-THlI1UOOETINECOe8�ND1lL11ND.NlBR. - '�,
<br /> ORDINANCE N0. 2179 . �
<br /> An ordinance know n and deaignated ae the yVIADUCT ORDINANCE" ; directing that the City I
<br /> of Grand Island, Nebraska, avail itsel.f of federal funds in accordance with Sectiona
<br /> 18-601 to 18-616, Revised Statutes of the State of Nebras�a, 1943, for the purpose of
<br /> pa�ring for the construction of an underpass in Eddy Street, under the Union Pacific traeka
<br /> between the north line of Weat ThSrd Street and the s�uth line of West Fourth Street within
<br /> the clty Iimi"�s of Grand Island; directing that agreements be �ntered into with the Depart-
<br /> ment of Roads and Irrigation for the construction of sucY� subway and the approaches thereto;
<br /> approving the detailed plans ��.nd epecif ications and a map shoVring the loaation said subway
<br /> is to occupy and dlrecting such pZans, speeifications and map be filed with the City Clerk
<br /> and be open to public inspection; a�?propriating that part of �ddy �9treet lying between the
<br /> north line of West Third Street and the south line of West Fourth Street for t'ne conatrue-
<br /> tion of such underpass; ap�ointing appraisers to assess �he da,magea occasioned by the
<br /> appropria.tion of property f or and damaged by the construetion of euch subway; def ining
<br /> the duties of such ap�araisers and provlding for their compensation; providing for the
<br /> payment_ of awarda made by such a�praisers and apPeale from such awards; calling a special
<br /> election for the purpoae of $ubmitting �o the electors of the City of Grand Island the
<br /> proposition whether or not the Mayor and Counc3l shall temporarily borrow funds in the
<br /> treasury belongin� to the Li,�ht and Ice Departments of said city in an am4unt r�eesssary
<br /> for the payment of the awarda made by such appraisers for the ap�ropriating and damaging
<br /> of such pro�erty and restoring such finds within a reasonable time; providing for the
<br /> correction and revieion of the regietration records of the legal voters of said city;
<br /> providing for the canvass of the rettt��rns of said election by the Mayor and Council;
<br /> providing further that the publication thereof shall be suPfieient notice to the ownera,
<br /> occupants and partiea interest�d, and a.1Z parties having equitable interest in any property
<br /> appropriated for or damage,d .by the construction of such �ubway, and appropriating and
<br /> , condemning private property described a� the zreaterly Thirteeri and one-tenth" (13.1} fee�
<br /> of Lots Four (4) and Five (5) in B1oek One H�ndred Nine (109) ; the �westerly 3even�een and
<br /> one/tenth (17,1) f eet of Lots Four (�) and Five (5) in Block One Hundred T�n (110) ; the
<br /> easterly Nineteen and one/tenth (19.1) Feet of Lot One (1� in Block One Hundred Thir�een
<br /> (113) ; the easterly Thirteen and one/tenth (13.1) feet, Lo� Eight (8) in Block One Hundred
<br /> Twelve (112) , all in Railroad Adc�ition to the City of C�rand Island, Nebraska, and the
<br /> easterl Thirteen and one/tenth (13.1) feet of Lot One (1) , Bloak Eighteen (18) in Rol3ins
<br /> Y
<br /> Addition to the City of Grand Island, Nebraska, for the use and benefit of the City of
<br /> Grand Isiand and for the purpose of providing addi�ional land f or the wldening and extend-
<br /> ing of said Eddy Street a.nd the construction of said subway. �
<br /> WHFREA5, federal funds are available for the City of Grand Ialand, Nebraska, to aid in
<br /> f buildin a subwa and the a roaehes thgreto
<br /> r the co�t o p ,
<br /> n fo Y P
<br /> of a d a .
<br /> the construction p y g
<br /> under �he Union Pacifie Railroad Company traeks, where the same cross Eddy 3treet in said
<br /> city, and �
<br /> WHERFAS, �he co�t of constructing auch subway and the approches thereto wlll be paid
<br /> for out of such federal funds, and
<br /> WHEREAS, d�tailed plana and speeif ieationa for guch construation, ineluding a map show-
<br /> ing the exact location tha� such subway is to occupy in said Eddy Stree�, have be�n prepar�d
<br /> and have been submitted to the A2ayor and City Council of Grand Island, and the same are
<br /> now on file in the office of the Clty Clerk of said city, and
<br /> WHEREAS, the City of arand Island, must provide f or the assumption of liability and
<br /> payment of consequential damages to propErty ownerg resultin� from euch propoaed construc-
<br /> tion and payment of dama,�es for property ta.ken therefor, and
<br /> WHEREAS, the_ cost of such grade crossing pro�ect ia undertaken on a basis that will
<br /> impose no involuntary contributions on the affected railroad, the Union Paclfic Railroad
<br /> Company, except as provid�d by Section 5 (b) of Pubiic LaVr 521 ena.et�d by the 78th �o�gress
<br /> of the United States, and
<br /> WHEREAS, there are funds in the treasury in the City of Grand Island, belonging �o the
<br /> Li�h'� and Ice Departments aufficient in amount, which by the Law$ of the State of Nebraska,
<br /> (3ectiona 18-601 to 18-616"�� may be temporarily borrowed for the purpose of paying the
<br /> llability and consequential. da.mages to property owner� resultin� from such proposed
<br /> construction and payment of damages for property taken therefor,
<br /> THEREFOREBE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND,
<br /> NEBRASKA: �
<br /> SECTION 1. That the City of Grand Island avail itself of fed�ral funde in accordanc�
<br />� c�ith the provisions of Sections 18-601; to 18-6i6, inelusive, of the Reviaed Statutes of
<br />'I the State of Nebraska, 1943, for the eonstrue�ion of a eubway and the approaches thereto,
<br /> within the city limits of said city, under the Union PaQific Railroad Company traeks on
<br /> North Eddy 3treet, the same to be conatructed between ',:he north line of Weat Third Street
<br /> and the south line of West Fourth Street.
<br /> SECTION 2. That the City of Grand Island, enter into agreements with the Department
<br /> o con truet auch subw and the a roaches
<br /> of Roads and Irrigatian of the State of Nebraska, t s ay pp
<br /> ut of funds furniahed b the fed�ral overnment and that
<br /> thereto which shall be aid for o y g ,
<br /> , �
<br /> the Ma,yor and City Glerk of Grand Island be and they are hereby authorized to enter into
<br /> such agreements for anc� on behalf of said city.
<br /> SECTION 3. That the detailed plana and specifications for the construction of said
<br /> subwa and the ap;?roaches thereto, inaluding the map showin� the exact location that such
<br /> y
<br /> r eat rov�d nd �uc lans
<br /> w to oecu �s ar�d the same are hereby in alI esp s app a h p
<br /> sub ay is py,
<br /> s r ereb ordered
<br /> t e location of such ubwa a e h
<br /> d ma showin h
<br /> I and specifications and sai p � Y, Y
<br /> to be filed in the oPfice of the City Cl�rk of the Clty of Grand Island, which shall
<br /> hereafter be kept on file w9.th the Ci'�y Clerk and be open to p�.blie inspeetion.
<br /> SECTION �. That part of Eddy Street, Iying between the north line of West Third Street
<br /> and the south line of WEat Fourth Street ig hereby apprt�priated for the conatruction of
<br />� said subway. That part of said subway designed for vehicular travel shall be Fifty-�wo
<br /> (52) feet in width, Twenty-six (26) feet on each side oP the center line of said street.
<br /> I There sha31 be a passage way for the use of pedes�riana which shall be constructed on
<br /> each side of that part used by vehicles; eaid pedestrian lane shall be Five (5) feet in
<br /> width and a ramp shall be co�strueted at each end thereof; the south entranc� of said
<br /> I ped�$trian lane ahall comm�nce Ninety t90) feet north of the north line of South Front
<br /> Stre�t and the north �ntrance shall commence approximat�ly One Hundred 3e�enty (170) fest
<br /> south of the south line of North Front Street. Both North Front Street and 3outh �ront
<br /> Str�et ahall be open for ped�.atrian and vehicular travel, and Eddy Street shall b� cloeed
<br /> to vehicular travel over the tr�,aks of the Union Pacific Railroad Company.
<br /> I�� Eddy Street, lying betwe�n the south line of South Front Street and the north lin�
<br /> of West Third S�reet sha1l be used and occupied as fallowst There shall be an approaeh to ,
<br /> i� said subv�ray Fifty-two (52) Peet in width; �here shall be a rca�,d or �treet Por vehicular '
<br /> travel on the east side of said approach which ahall be Eighteen (18) feet wide and the
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