Omaha daily bee., 1898-11-30
CITY COUNCIL PROCEEDINGS

VII VUUNOlL INVVLLDlNuO
Omaha Bridge and Terminal Railway
Ordinance Shaped Up,
ALL BUT PROPERTY OWNERS PLEASED
CORPORATIONS Concerned settle Their
Differences and the Council De-
cides to Give what IL Asked
with Certain Restrictions.
The Omaha Bridge and Terminal company
Ia at last fairly on its way to secure right
of way to lay railroad tracks into the city
from the north. After another two-hours'
session of the city council yesterday after
noon an ordinance that appeared to satisfy
the city fathers and General Manager Web
ster Of the Terminal company and which
Incorporated some Of the amendments asked
for by property owners on the day before
was agreed upon. A new ordinance contain
ing all the amendments was drawn up by
City Attorney Connell and was introduced
at last nights meeting OF the council, was
read first and second time by title ana was
referred to committee. This was but bit
Of necessary formality, for there seems to
be no doubt that, unless legal or other OBJ
stacles in the meanwhile arise, the ordi-
! nance will be passed on its third reading at
next Tuesdays meeting Of the council and
. will become a law.
The new ordinance contains the following
| conditions, briefly stated:
The terminal company will be allowed to
lay a single or a double track along the
! west side OF Fourteenth street from tne
east and west middle line OF section 10,
township Is north, range IL east Oh tne
sixth principal meridian IN douglas coun,y, .ts
to Nicholas street: single track along the
west side Of Fourteenth street from the
north line of Nicholas street to or near the
north line Of Cunning street. thence on
curve to the east across Fourteenth street
to or near the middle Of the west line OF
, lot s, block 1884; q single or double track
| across Burt street between Thirteenth ana
| Fourteenth. across Webster between Twelfth
and the west line OF Thirteenth. across
California between Eleventh and Thlr
| teenth, acre SO Cass between Eleventh ana
| Twelfth. across Chicago between Tenth and
| Twelfth. across Davenport between Ninth
and Eleventh, across Capitol avenue between
Eighth and Tenth, across Thirteenth between
Burt and the south line OF Webster. across
Twelfth between Cass and Webster. across
Eleventh between Davenport and Cass,
across Tenth between Capitol avenue and
Chicago, across Ninth between Davenport
and Capitol avenue; also across the alleys
in blocks 6, 81, 28, 81, 3S, 80, go, u, 62, 63
and 364. 1t will also have the right to con-
struct sdetracks. not to exceed six In num-
Der. across California, Cass. Chicago, Daven-
port, Ninth. Tenth and Eleventh streets be-
tween the points named and also across the
alleys in blocks %. 80. 81 and 62.
Limitations on the Right.
All privileges granted are to be subject
to all general ordinances that now are, or
hereafter may be. enforced concerning rail-
roads Of the city. The terminal company
is to interfere with travel on the streets as
little as possible. 1t shall also keep the
city free from all damages, costs, expenses
and suits arising out Of the occupation and
use Of said streets and alleys and shall pay
all damages recovered by any person by
reason Of such occupation and use Moth
ing In the ordinance shall be construed as
interfering with the right Of any property
owner to recover from the company any
damages resulting to private property by
| reason of the construction of the railroad
tracks or the use and occupation Of the al
ieys.
The following other conditions are i'm.
posed, a violation of any of which may result
in a forfeiture Of the rights granted:
The track Of the company along Four
| tecnth street from Nicholas to Cunning shall
be SO located that its middle line shall be
| not less than twenty-four feet west OF the
middle line Of the street and not less than
four feet west Of the present west curb line
Of the street.
The company shall within ninety days
after the approval of the ordinance file with
the city clerk plat of its road within the
right Of way.
The company shall within one year from
the date Of the filing Of the plat have sub
, stantially constructed and completed the
tracks as shown in said plat and shall have
. them In operation.
The city reserves the right to at any time
construct sewers. water pipes. gas pipes OF
conduits across or along any Of the streets
| or alleys, or under any Of the tracks men
, toned, provided that in this work shall
not unnecessarily interfere with the use OF
the tracks or endanger the safety Of travel
: over them.
The company shall switch or transfer the
cars and trains Of any and all railroad com.
, panies now existing In the city or that may
hereafter desire to enter over its bridge anc
, along IT'S main line Of railroad under reason
, able regulations and for reasonable com
|, . pensation without discrimination: and shall
not enter into any agreement combination
or trust with any other bridge company Of
, companies now existing In Omaha or Coun
tcl Bluffs. or which may hereafter exist IL
Z such places. for the purpose Of raising ans
maintaining rates.
r Connections with Other Companiei
Any railroad company or private owne
q Of real estate adjacent to the tracks shal
3 have the right to construct ON their owl
property sidetracks to the company's tracks
| The terminal company shall at its own ex
. pense furnish all frogs and fixtures necessar.
= to connect these sidetracks with Its mail
Z track and shall promptly switch cars to AM
from these sidetracks for q reasonable com
e pensation without discrimination.
y The company shall replace the paving be
Z tween its tracks and two feet outside an
J. shall repave. plank and maintain such pav
!. ing or planking whenever ordered to do s
5 by the mayor and city council.
The company shall lay Its tracks on tn
Z existing grades Of streets and alleys whe
crossing such streets and alleys betwee
: the curb lines.
n The laying Of tracks shall be construe
n as an acceptance Of the ordinance by tn
r company, but shall not give TO the company
y Its SUCCESSORS or assigns rights by mean
Of adverse possession as against the city
!, right to annul or cancel the ordinance 70
6 Just cause
n The company shall within two years 9
Il the passage Of the ordinance have in activ
Il operation over Its tracks regular freigh
!, trains Of some interstate railroad systel
y which does not enter into the city on 1t
: own tracks at the date Of the passage q
J. the ordinace.
70 The ordinance. 80 amended, contained
}, number Of conditions suggested by propert
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