04/26/2011 Resolutions 2011-99RESOLUTION 2011 -99
WHEREAS, the Mayor and City Council of Grand Island has determined that it is in the best
interest of the City to close a railroad crossing described as a public road crossing, located on Union
Pacific Railroad, Kearney Subdivision, Railroad Milepost 147.08, DOT # 817623U at Elm Street in Grand
Island; and
WHEREAS, the limits of the street closure shall be 25' south of the Eastbound Mainline Union
Pacific Railroad Track and 25' north of Siding Track 703 as shown in Exhibit A; and
WHEREAS, the closure of Elm Street shall not occur until planned improvements are completed at
Walnut Street, Pine Street and Oak Street for the Grand Island Quiet Zone Improvements project.
NOW, THEREFORE, BE IT RESOLVED the Mayor and City Council of Grand Island, agree to
the permanent closure and vacation of the public crossing located on Elm Street in Grand Island on the
Union Pacific Railroad, at DOT# 817623U at Railroad Milepost 147.08.
BE IT FURTHER RESOLVED, the City shall enter into an agreement with the Nebraska
Department of Roads, with the Union Pacific Railroad, and with Gavilon dba Peavey Grain providing that:
1. The Union Pacific Railroad should pay the City $20,000 upon receiving an invoice from the
City in consideration for the permanent closure of the crossing and after the crossing is closed.
2. The State of Nebraska, Department of Roads (NDOR) should pay the City $5,000 for the
crossing closure, and will also pay the City an amount not to exceed $12,000 towards the cost of the
closure of DOT No. 817623U upon the City furnishing the State documentation of the costs.
3. Gavilon dba Peavey Grain should pay the City $2,000 for the crossing closure,
including costs for engineering. If the maximum contribution from NDOR is reached, Gavilon should also
pay the City an amount not to exceed $13,000 towards the cost of the closure, including costs for
engineering, of DOT No. 817623U upon the City furnishing Gavilon documentation of the costs.
Adopted by the City Council of the City of Grand Isl;
Attest:
RaNae Edwards, City Clerk
Approved as to Form tr
April 25, 2011 13 City Attomey