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HomeMy WebLinkAboutA005 - Resolution No. 79-439 RESOLUTION NO. 79-439 A RESOLUTION TO RESCIND AND REPEAL RESO- LUTION NO. 75-106 ENACTED JULY 1, 1975 AND PERTAINING TO THE EXERCISE OF POWERS OF EMINENT DOMAIN FOR THE ACQUISITION OF STREET RIGHT-OF-WAY OVER MAINLINE RAIL- ROAD TRACKS WHEREAS , on the first day of July, 1975 , the City Council for the City of Ames , Iowa, enacted Resolution No. 75-106 declaring their intent to exercise powers of eminent domain to acquire an easement for street right-of-way across the mainline tracks of the Chicago and Northwestern Transpor- tation Company to extend Thirteenth Street across said tracks at grade; and, WHEREAS , on July 17 , 1979 , the City Council approved and concluded an agreement with the Chicago and Northwestern Transportation Company for the extension of said street across said tracks by means of constructing an underpass ; and, WHEREAS, the exercise of said powers of eminent domain to acquire an easement for a grade crossing is no longer necessary or advisable. NOW, THEREFORE, be it resolved by the City Council for the City of Ames , Iowa, that Resolution No. 75-106 per- taining to the exercise of powers of eminent domain and enact- ed on July 1 , 1975 , shall be and the same is hereby rescinded and repealed. BE IT FURTHER RESOLVED, that the City Clerk shall cause the aforesaid agreement with the railroad and this re- ':solut on and the resolution of July 17 , approving the agree- ment with the railroad to be recorded in the records of the Story County Recorder. Adopted this 16th day of October 1979 . Mayor Attest : C T City Clerk - Introduced by: Curtis Seconded by: Shank Voting aye: Atherly, Curtis, Hammer, Huston, Shank and Van Drie Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 16th day of October, 1979..