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<br /> I�IISCELI���NEOUS RECORD V
<br /> 290b8—TXEAUCUlTINEC0.6R11NDISLIINU,NEBR. �
<br /> "Upon a ma,�ority vote of the citizens at a regular or special election oP �.ny city of
<br /> the first cla.ss, �, mayor and council sh�.11 have power to require any railroad company or
<br /> com anies ownin or o eratin any railroad track or tracks u on or acroas an ublic
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<br /> street or streets of the city, to erect, construct, reconstruet, complete, and keep in
<br /> repair any subway vi�aduct or viaducts, upon or along such street or streets, and over or
<br /> under such tract or tracks, including the approaches to such subway vi�.duct or viaducts,
<br /> as may be deemed and declared by the mayor and council necessary �or the safety and pro-
<br /> tection of the �ublic; Provided, the approaches to any such subway viaduct, which any
<br /> railroad company or compan3 es may be required to construct, reconstruct, and keep in
<br /> repair, shall not exceed f or each viaduct �, total distance of eight hundred Peet. "
<br /> "Whenever any such subway viaduct shall be deemed and declared by ordinance necessary
<br /> for the safety and protection of the public, the� mayor and council shall provide Por
<br /> appraising, as$essing, and determining the damage, if any, which may be caused to any
<br /> property by reason of the construction of any such subway viaduct and its approaches. ��
<br /> AND, ��iEREAS, the mayor a.nd council of Grand Island, Nebraska,, have deemed and de-
<br /> clared the construction of a subway in 5ycamore Street between the north line of East
<br /> Third �treet and the south line of East Fourth Street, in the �City of Grand Island,
<br /> l�Tebraska, under the Union PaciPic Railroad Company traeks, necessary Por the safety and
<br /> protection of the public, and
<br /> WHEREAS, a plan and profile for the construetion of said subway, showing elevations
<br /> and the location the same is to occupy have been approved by the Mayor and Council oP
<br /> Grand Island, ancl are now on file in the office of the Ci;ty Clerk oP said city, and are
<br /> open to �ublic inspection, and
<br /> G�HEREAS, the Laws of the State of Nebraska, heretofore rePerred to provide whenever
<br /> any such subway viaduct shall be deemed �,nd declared by ordinance necessaxy for the safety
<br /> and protection of the public, the Mayor and Council shall prov3de for appraising, assessing,
<br /> and determining the damage, if any, v�rhich may be caused to �,ny property by reason of the
<br /> construction of any such subway via.duct and its ap�roaches, and
<br /> Tr�IEREAS, such damages shall be p�.id by the C�ty, and may be assessed by the City
<br /> Council against nroperty benefited, and the co�� �of approaches beyond the diatance oP
<br /> eight hundred feet may also be assessed by the Council against property benefited by
<br /> reason of the construction of such viaduct and- the a.pproaches thereto, and the material
<br /> thereof shall be as required by and approved by the r�Iayor and Council.
<br /> THEREFORE BE Ii ORDAINED BY THE MAYOR APJD CITY COUNCIL of the Clty of Grand Island,
<br /> Nebraska.
<br /> SECTION l. That the construction of a subway in Sycamore Street, between the north
<br /> line of East Third Street and the south line of East Fourth Street, under the Union
<br /> Pacific Railroad tracks in the City of Grand Island, Nebraska, be and the same is hereby
<br /> deemed and declared necessary for the safety and protection oP the public.
<br /> SECTION 2. That a special election of the electors of the City of Grand Island,
<br /> ATebraska, be and the sa,r.ie is hereby called to be held on Tuesday the 6th day of April,
<br /> 194�, for the x�urpose of submitting to the electors, two propositions, to-wit:
<br /> (A) Shall the Union Pacific Ra,ilroad Com,�any be required to �nec'�, construct,
<br /> reconstruct, complete and keep in repair a subway together with the approaehes thereto
<br /> under its tracks in that part of Sycamore Street in the City of Grand Island, Nebraska,
<br /> lying between the north line of East Third Street a,nd the south line of east Fourth 8treet
<br /> in said City, a.nd
<br /> (B� Shall the I+4ayor and City Council transfer and use surplus f�nds in the treasury
<br /> belonging to the Light Department of said Clity in an amount sufPicient to pay the cost of
<br /> ap�ropriating property for and the damages sustained by property in the construction of
<br /> said underpass� and the City� s proportionate share of the cost of said underpass.
<br /> SECTION 3. That as �rovided by law, 0. A. Abbott, residing at 705 West lst Street,
<br /> Carl J. Knickrehm, residing at Zl-22 West �th Street and H. F. Douthit, residing at 112
<br />� South Jackson Street, three disinterested freeholders of and residing in said city, be
<br />� and they are hereby appointed appraisers for the purpose of assessing amounts due property
<br /> owners for any property '�aken or damaged by reason of the construction of such subway.
<br /> The appraisers herein named shall meet on the 15th day of March, 19�, at �Ghe office of
<br /> the City Clerk in the City Hall in Grand Island, Nebraska, at the hour of two o � clock P.M.
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<br /> and �,fter taking oath to discharge their duties f aithfully and impartially, shall upon
<br /> the same day view the premises to be '�aken or c�amaged by reason of the construction of
<br /> sueh subw�.y and said appraisers thereafter, as soon as practicable shall make such appraise-
<br /> ments, taking into consider��tion the benefits, if any, to such property. They shall file
<br /> their report with the City Clerk, a.nd the amount of dama�es so aasessed ahall be tendered
<br /> to such property owners or their agents.
<br /> The said appraisers herein appointed shall receive as compensation for their services
<br /> the sum or five dolla,rs per day, as by law provided.
<br /> SECTION 4. Appeals from the awax ds made by such a�praisers may be made as by law
<br /> provided and if in the event such appeal o�r ap�eals are taken the sa,me shall in notiaise
<br /> e�fect or postpone the commencement or compTetion of the subway. .
<br /> SECTION 5. That �art of Sycamore Street, lying between the north line of East Third
<br /> street and the south line of East Fourth Street is hereby appropriated for the construction
<br /> of said su�tihray. Tha� part of said subway designed for vehicular tr,avel shall be twenty-
<br /> eight (2�) feet in width, fourteen (14) feet on each side of the center line of said
<br /> street. There shall be a passage way for the use of �edestrians which sha11 be constructed
<br /> immediately ?�aest of that part used by vehicles; said pedestrian lane shall be eight (�) i
<br /> f eet in taidth �,nd a ramp shall be constructed at each end thereof; the south entrance of
<br /> said pedestrian lane ahall com!�ence at the north line of South Front Street and the north
<br /> entrance shall commence approximately twenty (20) feet south oP the south line of North
<br /> Front Street. Both North Front Street and South Front Street shall be open for pe�lestrian
<br /> and vehicula,r travel as they now exist, and �ycamore Street shall be closed to vehicular
<br /> travel over the tracks of the Union Pacific Railroad Company.
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