Omaha daily bee., 1892-08-21

mites OF SAID city OF OmHhl win any line OF
railway which the Nebraska Central Railwas
company. or its successors or assigns, may
construct or cause to be constructed cast Of
tivcs passenger and freight trains ovei the
main and passing tracks OF said rairo. d !
the S NsbrasRn IRFe Central TtFSfo railway S !" com Sa
pany shall construct its proposed lins
east OF the Missouri river through tho agency
OF any othei corporation or party, 1t viii
cause such corporation or party to execute
aud deliver tc tho city of Omaha good and
abide by the '1ttns, conditions and provisions
OF this proposition, tho same the said
haye becn bound if il had built the same.
letore delivery OF the aforesaid one hundred
thousand dollars tSlOO,O0W installment OF
ruylded, that the use ana on Joy ment by
such raj. way companies OF o lch aud every Gt
sald rllhts shall be upon Just and equal terms
AMI the payment of just and fair Compensa-
tlon to the Nebraska Central Railway con
Dany, Its successors or assigns and sui iect to
such operating rules and regulations OF the
Nebrnska Central Railway COMPANY. Its sue;
cessors or assigns, as shall be necessary and
proper, just and reasonable.
Ana tho said Nebraska Central Railway
| company viii submit any dispute arising he
tween 1t ana such other company COM
plnies as to the use and enjoyment of any
rights under this prop 7siton. or rs to tho
reguIations, relating thereto, ion board Of
aroitrators to b. made up OF three persons
VINO are judges of the state district court or
Its successor, of the district embracing the
county of Douglas, to be selected by u two
tnllUS vote OF all the Persons who district
| Judges of said court,
Provided that any such railway company
other than said Nebraska Central Railway
the election to submit any such dispute to
arbitration or to pursue any other remedy.
| Wherever arOitraton is provided for by
tins proposition. tine party desiring to submit
any matter to arbitration shall cause to be
serve upon the other party a written notice
| which shall set out the matter in dispute to
| be submitted and the time proposed for tho
! hearing, which shall not be less than thirty
| t3O days after the time of service; and there
| upon the adverse party shall within twenty
| 20 days after such service upon IL. serve its
| answer, If any it have. upon the party de-
| mAnd .ng the arbitration.
The Board of Arbitrators, when organized,
| shall have power to fix the time of hearing
and to adjourn the same from time to time
and to make all necessary rules and regula-
tions for the production of testimony in the
possession of either party, and otherwise to
COMPEL IA rland speedy trial; the dcciso OF
majority of the board shall control and the
final determination of the board shl all be final
and conclusive upon the parties of all mat
terS submitted and decided.
Wherever arbitration shall he resorted to
such arbitration shall be the exclusive remedy
of the parties except rs herein elsewhere pro-
viIed). as to the matters and things involved
and decided therein.
Said Nebraska Central Railway company its
successors ana assigns. shall transport freight
unCluding transfer of freight and all charges
Incidental to said transportation over any
bridge and approaches. as we'll as over any
railway it shall construct within one hundred
900 miles of the Missouri river within the
rates or charges, and in case OF difference as TO
what constitutes lust and reasonable rates or
charges under this paragraph the mayor and
city council or said railway company may
su,,mtt Lne same 20 ,.rulLrhL.Sn IN .Ae tIaunC.
and to the urbtrators above provided for. but
this paragraph respecting freight char .cs
shall not become operative or In force until
five years from the date of the delivery of tho
last installment of the bonds herenOefOrG re-
ferred TO.
be delivered to the Nebraska Central railway
company. its successors or assigns, only upon
the execution by the said Nebraska Central
railway company or Its successors, and deliv-
cry to the city of Omaha of an undertaking in
writing to the effect that the principal depot
of said railway company,its general offices and
principal machine shops when built, shall bo
located and maintained within the corporate
limits of the city OF Omaha, an that viola
tion Of the terms of said undertaking by the
said Nebraska Central railway company or its
Successors or assigns shall render the said
Nebraska Central railway company, or its
successors indebted to the said city OF Omaha
In the full amount OF said bonds, and interest
thereon.
This proposition shall after being duly
acknowlGd Sed by the Nebraska Central Rail-
way company, be recorded in the office of tho
register OF deeds of Douglas county. Nebraska,
and for period of twenty C2O years from and
after this date shall be referred to by giving
the book and page wherein the same is re-
corded In any mort age, deed of trust, deed of
conveyance. or lease Of said depot and depot
grounds, with the statement that the said Ne
braska Central railway company, its success
sors and asst ms. are bound by the terms limi-
tations, provisions and conditions OF this
proposition which are hereby made its cove
nants that attach to ana run with the said
property into whosoever hands II may come.
Provided that the city council OF the city OF
Omaha. (the mayor approving in due form
shall enact certain ordinance (Which at the
said councill entitled. IAN ordinance grant
-ng permission and authority to the Nebraska
Central Railway company, Its successors and
assigns. to construct railroad tracks along,
across, over and under certain streets and al
ieys Ia the city of Omaha, subject to certain
conditions, ana to Vacate parts of certain
streets and alleys in the city of Omaha, upon
compliance with certain othGr T, conditions
braska Central Railway company shall not,
within forty-h 80 days of being notified by
the CITY cerk % OF the adoption Of this proposi-
same, tlle with the said city clerk its written
ratification of this proposition under its cor
porate seal. none OF said bonds shall be issued,
and all the terms and provisions of this propo-
sItion shall be held for naught
agrees before an election being called to SUB.
NIT to the voters Of the city Of Omaha ths
to said city a bond with good and suiiici enl
sureties in the sum of five thouS ana dollar,
s5,OI0l and five thousand dollars 81, i,Ol Cash
conditioned upon the payment of tie eX-
penses OF said election.
This proposition and the acceptance there
of by the city OF Omaha, and the ratification
of this proposition by said Nebraska Crntral
RAJ way company or It's successors or 4 tgns,
understood to constitute IA contract between
the said Nebraska Central railway company,
It's successors or assigns. ana the said city OF
monts ana provisions made on the part of tho
Nebraska Central railway company in This
proposition contained are hereby made the
covenants OF the said Nebraska Central rail.
way company. It's Successors All assigns
which snail attach to and run with all OF its
said property and binding upon any party
into whose hands II or my Of n u,rY c0mn
In witness whereof the said Nebraska Cen
trial Railway company has caused these pres
9nts TO be executed this 18th day of May, A.
NEBRASKA CENTRAL RAILWAY CO.,
BY J, II. DUMoNT
Vice President.
Attest: JOHN L. McCAGUE, Secretary,
Witness: ALEX. G. CHARLTON.
state of Nebraska, S.
On thls 10th day OF May, A. D., 1902. befors
personally appeared the above named j. H.
Dumont aud John l.. McCngue. who are To me
personally known To be the Identical persons
who signed the foregoing instrument, as vice
president and secretary of the Nebraska Cen
tral hallway company; they acknowledge the
said instrument to be the voluntary act ana
deed Of the said Nebraska Central Railway
company ana their voluntary act and deed as
such vice president and secretary OF said
company.
Witness my hand and notarial seal the date
last nfOresaid. ALIEN. q. CHARLTON.
[sEALl Notary Public
This done by order of the city council OF tho
city of Omaha this eth day Of July. lSe?
JOHN GROVES.
City Clerk of the City of Omaha.
A1Ol4td
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