09/13/2011 Resolutions 2011-238RESOLUTION 2011 -238
WHEREAS, on April 26, 2011 by Resolution 2011 -99 the Grand Island City Council
agreed 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; and
WHEREAS, per the agreement the Union Pacific Railroad agrees to pay the City
$20,000 upon closure of such crossing; and
WHEREAS, the State ofNebraska, Department of Roads (NDOR) agrees to pay the
City $5,000 for such crossing closure, and will also pay the City an amount not to exceed $12,000
toward the cost of the closure of DOT No. 717623U upon the City furnishing the State
documentation of the costs, and
WHEREAS, Gavilon dba Peavey Grain agrees to pay $2,000 for the closure of such
crossing and the associated costs of engineering, Gavilon will also pay any additional engineering
costs; and
WHEREAS, if the maximum contribution from NDOR is reached Gavilon will pay the
City an amount not to exceed $13,000 toward the actual cost of closure and associated engineering
costs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with Union Pacific Railroad,
Nebraska Department of Roads, and Gavilon for the Elm Street crossing closure is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2011.
Attest:
PaD4S= MIADW� —
RaNae Edwards, City Clerk
Approved as to Form a
September 12, 2011 d City Attorney