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� . - <br /> � •. <br /> ORDINANCE NO. / � � /� <br /> ORDINANCE AUTHORIZING LAND ACQUISITION <br /> - N & W RAILROAD AND HARRISON STREET CROSSING - <br /> - CITY PROJECT 8725 - <br /> WHEREAS, the crossing of Harrison Street, in the City of <br /> Decatur, by the tracks of the Norfolk and Western Railroad is on <br /> a bridge that is significantly narrower than the street on either <br /> side of said bridge, and that said narrowing causes traffic and <br /> safety problems to the traveling public; and, <br /> WHEREAS, said crossing of Harrison Street has been ordered <br /> to be improved for reasons of public safety and welfare by the <br /> Illinois Commerce Commission, Docket No. 87-0320; and, <br /> WHEREAS, the drainage of lands immediately adjoining and <br /> near said crossing must be provided for in said improvement in <br /> order to alleviate flooding in said lands; and, <br /> WHEREAS, it is necessary that certain lands and rights in <br /> lands be acquired to construct said improvement and appurtenances <br /> thereto either by agreement or by the exercise of the power of , <br /> eminent domain as provided by law. <br /> NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE I <br /> CITY OF DECATUR, ILLINOIS: <br /> Section 1. That it be, and it is hereby, determined to be <br /> necessary and desirable that the City, in order to carry out and <br /> construct said public improvement, acquire title to or rights in <br /> real property situated in the City and described in the <br /> description thereof attached hereto, marked Exhibit A, and hereby <br /> made a part hereof as if fully set out herein. <br /> Section 2. That it be, and it is hereby, determined that <br /> the aforesaid real property, and the acquisition thereof, is <br /> necessary for a public use and purpose. <br /> Section 3. That the City Manager and Corporation Counsel, <br /> jointly and severally, be, and they are hereby, authorized and <br /> directed to cause said real property to be acquired on behalf of <br /> the City, and in the event the same is not able to be acquired by <br /> agreement with the owners thereof upon the compensation or <br /> consideration to be paid or furnished for the same, or in the <br /> event title thereto is defective, then title to and possession of <br />