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<br /> I�IISCELLANEOUS RECORD V
<br /> 2905E-TH�11U6tlfTINECO.GRANDIEMND,N88R. �•'�� - � � .
<br /> sidewal�� shall be Five (5) fee� in width. The road on the west side shall be Eighteen
<br /> (18) feet in width and sha11 run from th� alley north oP Third Street north to South Front ;'
<br /> Street, and the sidewalk on the wea'G sid thereof ahall likewise be Five (5) feet � in width.
<br /> That part oP Eddy Street, lying betwe�n the aouth line of North Front Street and the
<br /> South line of West F�urth Street shall b� used and occupied as follows: Ther� shall be an
<br /> approach to eaid subway Fifty-two � (52) f�et in width; the aidewalks on the eas�G and west
<br /> sid.es thereof shall be Five (5) feet in �ridth and there shall also be a street on each eide �
<br /> of such north subway approaoh Eighteen (�.8) f�et in width, which eaid streets ahall be
<br /> conatructed for v�hicular travel. ' .
<br /> SECTION 5. That for the purpose of w�.dening and extending Eddy 3treet and for the
<br /> purpose of securing additional land to b� used for the construction of such subway the
<br /> private property described as thr� Wester y Thirteen and one/tenth (13.1) feet of Lots
<br /> Four (�) _and Five (5) in Bloek One Hundr d Nine (109) ; the westerly Seventeen and one/�enth
<br /> (17.1) f�et of� Lot� Four (�) and Fine (5) in Block One Hundred Ten (110) ; the easterly
<br /> Nineteen and one/tenth (19.I) feet of Lo One (1) in Block One. Hundred Thirteen (ll3) ;
<br /> th� easterl Thirteen and one/tenth (13.�.) feet of Lot Eight (8) in Block One Hundred
<br /> Twelve (112�, a3.1 in Railroad Addition tQ the City of Grand Island, Nebraska, and the
<br /> ea��erly Thirteen and one/tenth (13.1) f et of Lot One (1) , B1ock Eighteen (18) in Rollina
<br /> Addition to the City of Grand Ialand, Ne�raska, are hereby appropriated and condemned for
<br /> the use and ben�fit of the City of Grandl Island, Nebraska, and for the purposes herein
<br /> set forth. �
<br /> SECTION 6. The City. of Grand Island does hereby assume liability and agrees to pay
<br /> consequential damages to property owners r�sulting from such propoeed construction and
<br /> payment of the damages for property taken therefor.
<br /> SECTION 7. Tha� 0. A. Abbott, reaiding at 705 West lst Street, H. T. Brown, residing
<br /> at 916 South Locust and H. F. Douthit, residing at 112 South Jackson Btreet, three disin-
<br /> terested free holders of and residing in said, city, be and they are hereby appointed
<br /> apprai�ers for the g�urpose of asseasing the damages occaaioned by the taking of private
<br /> property for and the damages caused to private pro�erty in the construction of guch subway.
<br /> Such appraisers shall meet at the office of the City Clerk in the City Hall in the City
<br /> of Grand Island, Nebraska, on the 23rd day of March, 1948, at the hour of two o� clock P.M.
<br /> and after taking oath to discharge theii^ dtzti�$ faithfully and impartially, shall on the
<br /> same day view the property appropria.ted or damaged, consider all damage claims filed, and
<br /> giv� a hearin� to all claimants; and as soon thereafter as practicable they shall make,
<br /> sign and return to the City Clerk in writing a �ust and fair assessment of the damages
<br /> to each piece of property, the whole or part of which shall be so appropriated or da.ma�ed.
<br /> - In such assessment where there is more than one party haning interest in a piec� of property
<br /> the damage shail be �ustly apportioned and stated to each.
<br /> SECTSON 8. Any person or co� rporation claiming damage by reason of� such_ proposed
<br /> appropriation and construction _ahall at least one day before the date set for hearing,
<br /> file with the Ci.ty Clerk a elaim of su ch damage, which claim shall be investigated and
<br /> • reported upvn by the said appraisers. The appraisera shall receive such reasonable com-
<br /> pensation as the couneil may determine.
<br /> fiECTION 9. In determining the amounts of dama.ges,. special benefits to auch propertiea,
<br /> if any, by rea�on of such proposed construction sha.11 be taken into consideration. The
<br /> awards made by appraisers, �vhen approved by the City Council, shall be held to be the final
<br /> and ,�ust aVrard of dama�es for each property intere9t covered, unless appealed from.
<br /> SFCTION 10. When the council ahall have approved its awa.rds, and as soon aa funds ,are
<br /> available for their payment, it may pay the ati�ra.rds so approved to the partiea in whose
<br /> favor the awards are made; and, if such payment is refused, the aJnounts of such award� ahall
<br /> be depo�i'�ed with the Ci�y Treasurer, su�r�ect to the order of such parties, after which the
<br /> City and the Department of R�a.ads and Irrig�.tion may immediately appropriate the property
<br /> to �be taken and proceed with the construction of said subway� regaxdless of any appeals
<br /> -that may be pending or claims for damages made by parties for whom awards have not been
<br /> made.
<br /> 3ECTI0�' 11. Any claimant of damages 4ha11 have a right to appeal from the assessment
<br /> of said appraisers to .the district court of Hall County, Nebraska, by filing with the City
<br /> Clerk within ten days a notice of appeal, and withln t�n days thereafter filing in said
<br /> court a copy of the ordinance, the claim oP appellant is concerned, and the notice of
<br /> ap�eal; and thereupon auch matter may be heard in said diatrict court, in guch manner as
<br /> the court may ord.er, and costs shall be taxed to the losing party. If more tha.n one
<br /> party apbeals, all euch mattera may be heard u�on one transcript.
<br /> SECTION 12. That as provided by law a special election is hereby called to be held on
<br /> Tuesday the 6th day of A�ril, 19�8, for the purpose of submitting to the electors oP �he
<br /> City of Grand Island, Nebraska, the proposition whether or not the Ma.yor and C�.ty Counizil
<br /> shall temporarily borrow funda in the treasury of said city belonging to the Light and Ice
<br /> Departmenta of said city, in an amount sufficient to pay the awards made by the appraiaers
<br /> herein appointed, to property oUrners for the appropriation of and the damages cau8ed to
<br /> private property in the conatruction of such subway and the approachea thereto, restoring
<br /> such funds within a reaeonable time. A ma�ority of those voting at such election shall be
<br /> sufficient to car�y authority for the borrowin� of such light and ice funda. A failure
<br /> to approve the borrowing of such light and ice funds shall cancel all proceedings except
<br /> � that in that event the clty shall pay the cost of survey and preparation of plang and
<br /> specifications tYiat have been filed, and may levy a tax for that purpose.
<br /> SECTION 13. If the electors of the City of Grand Island, authorize the borrowin� of
<br /> said funds, the Mayor and Council may within further vote oP the elector�, temporarily
<br /> borrow said funds in such amount as may be needed to pay the amount of damagea that may
<br /> accrue by the appropriationg of the part of North.Eddy Street and consequential damages
<br /> r�sultin� to property by reason of such appropriation and the construction of said underpass.
<br /> SECTION 1�. The special eleetion herein called to be held on the said bth day of April
<br /> 19�8, shall be held at the follo�ring respective voting places, to-wit :
<br /> First Distriet: At �he election building on Sixth Street, between Vine 3treet and Oak
<br /> Street.
<br /> Second D14trict: At the Fire Department Building on Fourth Street between Pine and
<br /> Locust Street.
<br /> Third District: At the elec�ion building on North Elm Street, between Sixth Street and
<br /> Seventh Str�et. -
<br /> Fourth District: At the election building on West Sixth Street be�ween Adams Street
<br /> and Jefferson 3treet.
<br /> Fifth District : At the elec�ion building on Seventeenth Street and Broadwell Avenue.
<br /> Sixth Dlstrict : A� the Chapel of the Soldier� s and Sailor� s Home.
<br /> Seventh Diatrict : At the Wasmer School building in the 1600 block on West Division
<br /> Street between Monroe Street and Jackson Street.
<br /> Eighth District: At the Barr Junior High School on South Clark Street between Koenig
<br /> and Charles Streets. . .
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