USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 59
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On the 23d of March, 1864, Alderman Vincent Burkley, as chairman of a commit- tee to whom the matter had been referred, presented the following, which was adopted:
" Your committee, to whom was referred the relation and resolution presented by Augustus Kountze on behalf of the Union Pacific Railroad Company, relative to do- nating certain lots belonging to the city for other lots owned by individuals, which are required for the use of that corporation, beg leave to report that in their opinion the additional donation of city property asked for in the petition is not demanded by the interests of the city at the present time, and your committee would recommend that until the Union Pacific Railroad Company can exhibit satisfactory evidence to the city council that the additional donations are desired by the citizens of Omaha, the peti- tion and resolution lie on the table."
September 11, 1865, the following petition was presented and the mayor instructed to make the grant asked for:
" To the Honorable the Mayor and Common Council of the City of Omaha:
" Your petitioner, the Union Pacific Rail- road Company, respectfully represents that it is desirious of obtaining the right to use and occupy, for the purpose of building thereon its depots, machine shops, engine houses, work shops, freight houses and ap- purtenances, all that portion of the following described streets in the City of Omaha marked and designated on the accompanying plat, and including within the blue line marked thereon, to-wit: Capitol Avenue. Davenport Street, Chicago Street, Cass Street, California Street, Webster Street, Burt Street, Seventh Street, Eighth Street, Ninthi Street, Tenth Street and Eleventh Street.
" Your petitioner further represents that the same are the only suitable and practic- able grounds for the erection of said build- ings in said city, and that they are necessary for the building of the same.
" Your petitioner, therefore, prays that all such portions of said streets may be vacated and a grant thereby made to your petitioner for the uses aforesaid, and also that lots of the said city lying within the same limits may be granted said company for the like purposes."
396
HISTORY OF THE CITY OF OMAHA.
In the proceedings of May 1, 1866, is found the following entry; relating to a matter of the greatest importance to the eity in view of the present business character of the street referred to. "On leave A. J. Poppleton, Esq., attorney for the Union Pacific Railway Company, made a few remarks, stating that owing to the late high water in the river it was necessary to have other tracks running through the city besides the one on the bottom, and he asked on behalf of the company that they might be permitted to lay a track along Fourteenth Street.
" Mr. Reed, engineer of the company, sub- mitted a profile of said street.
" After remarks upon the subject by sev- eral citizens and some discussion by the council, the following resolution was, on motion of Alderman Ingalls, adopted:
.''Resolved, That the right of way be granted to the Union Pacific Railway Com- pany over Fourteenth Street, for a double track, with the usual restrictions common to railroad companies in other cities, and that the mayor be authorized to execute a con- veyance accordingly.'"
On the following day the deed provided for by the foregoing resolution was signed by the mayor, Lorin Miller, and in view of the present importance of this street, and the character of the business houses erected thereon, the exact termis of this deed become matters of interest. After reciting the authority under which the conveyance is made, it continues, as follows:
" Now therefore, in consideration of the premises, and the sum of one dollar lawful money of the United States unto the said party of the first part well and truly paid by the said party of the second part, at and before the ensealing and delivery thereof, is hereby acknowledged, the said party of the first part hath granted, bargained and sold, and by these presents both grant bargain and sell unto the said party of the second part, its grantees, successors, and assigns, the right of way over, upon and through all that certain piece and parcel of land situate in the City of Omaha, and Territory of Ne-
1 , designated on the lithographed map
of said city, made and published by Popple- ton & Byers, as Fourteenth Street, from the northern to the southern corporate limits of said city, with the free and uninterrupted liberty and privilege of laying out, locating, constructing, maintaining, operating, fur- nishing and enjoying, a double track of said railroad over and upon the same, with free ingress, egress and regress upon, to and over the same, to and for the said party of the second part, its grantees, successors, and assigns, tenants, servants, occupants, and possessors, its property, trains, passengers and freight.
"To have and to hold all and singular, the said rights and privileges as aforesaid, unto the said party of the second part, its grantees, successors and assigns, so long as the same shall be used, occupied and enjoyed for the purpose aforesaid by said party of the second part, its grantees, successors and assigns. And the said party of the second part, its grantees, successors and assigns shall provide suitable and sufficient cross- ings at all public streets crossed by said rail- road traeks; shall not move their trains along through said Fourteenth Street at a rate of speed to exceed five miles per hour; they shall, in laying, locating, constructing and operating their said tracks over and upon said Fourteenth Street, conform as near as practicable to the grade of said street, and they shall not use said street as a standing place for cars, so as to obstruct the travel and passage of persons, property and freight, across, over and along the same."
Those were the days in which the Union Pacific Company received everything it asked for, and it was not backward in pre- ferring its requests. August 22, 1866, the company " respectfully represented " that in order to properly carry out its purpose of " building, and maintaining depots, machine shops, engine-houses, work-shops, freight houses, side-tracks, switches and other struc- tures, with their appurtenances necessary and convenient for the use of its road in said City of Omaha " it was necessary that the company be granted a right of way over the following named streets: Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth. Fourteenth, Capitol Avenue, Davenport, Chicago, Cass, California, Web-
TroyKimball.
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ster, Burt and Cuming, within an area speci- fied on a plat submitted. The petition was granted, of course, and the mayor directed to execute the proper conveyance.
Under date of February 20, 1867, the council records show that the following action was taken with respect to the locating of the Union Pacific bridge, at this point. A resolution passed at a meeting of the citi- zens of Omaha, held a few days previously, was presented, requesting the council to appoint O. P. Hurford, A. S. Paddock and George L. Miller, a committee to proceed to New York immediately to confer with the company proposing to erect a bridge across the Missouri River, and that said committee be authorized to pledge any sum not exceed- ing one hundred thousand dollars, if the same be necessary, to secure the location of the bridge at Omaha. Two days previously, a legislative act had been approved author- izing the City of Omaha to raise the amount of money above named for the purpose in question. Alderman Birkett offered this resolution, which was adopted:
"Be it Resolved, By the city council of the City of Omaha, that the mayor of said eity be and he is hereby directed to sub- scribe for and in behalf of said city, to the capital stock in any company or corporation that now is or may be hereafter organized for the purpose of constructing a railroad bridge across the Missouri River at Omaha, to any amount in his discretion, not exceed- ing the sum of $100,000.00, and that he be further authorized and empowered to guarantee the feasibility of said bridge at said point against the encroachments of the Missouri River, and to hypothecate and pledge the whole or any part of the stock so by him subscribed to make good such war- ranty, and further, that said mayor be, and he is hereby authorized and empowered to guarantee the payment by said City of Omaha, of any sum not exceeding $100,- 000.00, in lieu of a subscription to the stock of said company in case he shall deem it necessary so to do, in order to secure tbe lo- cation of said bridge at Omaha, or to secure its permanency after said location, and said mayor is hereby authorized to appoint any
suitable person or persons to proceed to the City of New York to act in his behalf, in all respects, the same as he might do in per- son."
Dr. Miller having signified his inability to act as a member of the proposed com- mittee, the following named were appointed: Ezra Millard, O. P. Hurford, B. E. B. Ken- nedy, A. S. Paddock, James Creighton, Augustus Kountze and Frank Smith, and the mayor was authorized "to telegraph to persons named in the foregoing committee to any extent he may deem necessary for the purposes contemplated."
January 8, 1868, a resolution was adopted by the council whereby the city assured all the expense of securing to the railroad com- pany "free of cost the right of way for a track from the bridge crossing of the Mis- souri River known as 'Line No. Two,' or 'Lower Omaha Crossing,' to its intersection with the track already built, and also a track from said crossing to the machine shops and depot of said road, and also such grounds for depot purposes as may be deemed neces- sary by the chief engineer of said road, and being about twelve acres as shown on the maps in the engineer's office; and in case . the upper crossing shall be adopted and the bridge located at or near that point we pledge the like aid, and that the mayor be and he is hereby authorized and directed to call an election for the purpose of deciding whether or not a loan shall be made by the city of a sum sufficient for that purpose."
March 4, 1868, Alvin Saunders, Augustus Kountze, O. P. Hurford, Ezra Millard, Enos Lowe and Dr. George L. Miller were ap- pointed by the council, or committee, " to represent the interests of the City of Omaha before the board of directors of the I'nion Pacific Company, in New York, and other railroad companies in any matters arising before said companies involving the interests of said city."
The following month an agreement was entered into, as follows:
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HISTORY OF THE CITY OF OMAHA.
" OMAn. April 27, 1868.
" Memorandum of agreement between Thomas C. Durant and Sidney Dillon, on the part of the Union Pacific Railroad Com- pany, and Dr. Enos Lowe, O. P. Hurford, Ezra Millard and A. Kountze, committee on the part of Douglas County, have this day agreed on the following terms touching the erection of a bridge over the Missouri River at Omaha. First. That $250,000 bonds are to be issued by Douglas County, to run twenty years and bear seven per cent. per annum interest, payable semi-annually at New York. Second. Said bonds are to be delivered to the said railroad or bridge company from time to time as the construction of the bridge progresses. Third. The interest on the bonds shall accrue to said bridge com- pany only at the date of delivery. Fourth. Proper trustees shall be appointed on the part of the railroad company, and acting in behalf of Douglas County, who shall hold the bonds and make delivery of the same in accordance with the agreement.
"i Signed by: Thomas C. Durant, Sidney Dillon, Enos Lowe, O. P. Hurford, Ezra Millard, A. Kountze, Omaha committee."
(The original of this agreement, from which the above was copied. is among the papers of the late Mr. Byron Reed. of this city.)
A special election was held .July 13th, fol- lowing, to vote upon the proposition to issue city bonds to the amount of $150,000. " for the purpose of paying for the necessary right of way and depot grounds in said City of Omaha, required by the Union Pacific Rail- road Company in connection with its bridge across the Missouri River.
The bonds were voted. and at another special election, held January 18, 1869, the rate of interest was fixed at ten per cent. and an additional fifty thousand dollars voted for the same purpose as that for which the original issue had been voted, viz: To secure right of way and depot grounds, which prop- osition also carried, making a total sum of $200,000 of city bonds, authorized to be is- sued in aid of the company, in addition to the twelve acres of land on the table land and various lots in other localities.
In the meantime the County of Douglas was doing its share toward aiding the rail- road company, and on the 13th of July, 1868, a county election was held to pass upon this proposition, and which was carried by a heavy majority: " Shall the County of Dong- las, for the purpose of securing the location and aiding in the construction of a railroad bridge across the Missouri River, between the Union Pacific Railroad and such other railroads as may seek connections therewith, at Omaha ('ity, in said county, contribute thereto in county bonds the sum of $250,000, payable in twenty years from date, bearing seven per cent. interest per annum, payable semi-annually in the City of New York * * *
* One hundred thousand dol- lars to be issued and delivered to the Railroad Bridge Company whenever it shall properly appear to the county commissioners of said county that said company have in good faith expended $300,000 in the construction of said railroad bridge; the said bonds to bear
date upon the delivery thereof;
*
*
and the further sum of $100,000 of county bonds to be issued and delivered to the Rail- road Bridge Company whenever it shall properly appear to the county commission- ers of said county that said company have in good faith expended $600,000 in the con- struction of said railroad bridge * *
* and the further sum of fifty thousand dol- lars of county bonds to be issued and deliv- ered to the said Railroad Bridge Company whenever it shall properly appear to the county commissioners of said county that said company has in good faith completely constructed and erected said railroad bridge so as to be in good and sufficient order for the use contemplated," etc.
On the 4th of March, 1871, a statement was made to the county board by Superin- tendent T. E. Sickles, of the Union Pacific Railroad, to the effect that there had then been expended in the construction of the bridge the sum of $325,674.02, and hence the first installment of $100,000 in county
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TRANSPORTATION LINES.
bonds was due the company; and on the 22d of November, 1874, application was made by the railroad company for the final install- ment of fifty thousand dollars, from which it may be inferred that the bridge was then considered completed.
During that year the city acquired pos- session, from the individual owners, of the various lots and parcels of ground desired by the railroad company. which property was transferred to the company by Alvin Saunders, (in whose name it had been taken in trust) by the following conveyance:
"This indenture, made this 20th day of January, 1872, by and between Alvin Sann- ders, trustee of the City of Omaha, in the State of Nebraska, party of the first part, and the Union Pacific Railroad Company. party of the second part, witnesseth:
"WHEREAS, The real estate and premises hereinafter described were conveyed to said party of the first part by divers persons under the direction of a commission, or board of adjustment, appointed by the City of Omaha to make settlement with the own- ers of certain lots and lands required by the said party of the second part for depot and transfer grounds and for right of way con- nected with its bridge over the Missouri River, all of which lands and premises were paid for by the said City of Omaha and con- veyed to the said party of the first part as aforesaid, to be by him held in trust for said city during the time required to make such settlement or adjustment and afterwards to convey the same to the said party of the second part hereto, when directed so to do by said City of Omaha, with such restrie- tions and limitations as might be deemed necessary to protect the interests of said city, all of which will more fully appear on reference to a certain instrument in writing containing a formal declaration of said trust, executed by the said AAlvin Saunders on the 31st day of August, 1869, in book 7 of deeds, at page 277 of the records of Doug- las County, in the State of Nebraska; and whereas the city council of said City of Omaha, by resolution passed on the 2d day of January, 1872, did direct the said party of the first part to make, execute and cause to be delivered to said party of the second part a deed to said real estate and premises
hereinafter described, subject to the terms, conditions and restrictions of a certain con- tract of which the following is a copy, to- wit:
"'Agreement made this first day of Jan- uary, in the year of our Lord one thousand eight hundred and seventy-two, by and be- tween the Union Pacific Railroad Company, authorized by law of Congress, to build a bridge across the Missouri River at or near Council Bluffs, Iowa, and Omaha, Nebraska, and the County of Douglas, in the State of Nebraska, parties of the second part, wit- nesseth: That, whereas the parties hereunto desire to arrange for the more perfect con- nection of any railroads that are or shall be constructed to the Missouri River at or near Council Bluffs, Iowa, and Omaha, Nebraska, now in consideration of the premises and of the receipt by the party of the first part of the bonds of said Douglas County, to the amount of $250,000, and in further consid- eration of the receipt by the party of the first part of a deed from said city of Omaha to certain real estate in said city, known as the depot grounds and right of way, the party of the first part for itself and its suc- cessors, covenants and agrees to, and with the said County of Douglas and the said City of Omaha as follows, to wit:
"First. That it will construct, complete and maintain a railroad bridge over the Mis- souri River at said City of Omaha.
"Second. That the eastern terminus of the Union Pacific Railroad shall be and re- main at said City of Omaha.
" Third. That after its Missouri River bridge at the City of Omaha, is completed and ready for use, the Union Pacific Rail- road Company will make up all its regular west-bound passenger and freight trains on the grounds, which the people and the City of Omaha propose as above to deed to said Union Pacific Railroad Company, and as is already mapped and planned, that is to say all passengers and freights coming from the east on all lines of roads seeking a connec- tion with said Union Pacific Railroad at its eastern terminus shall be delivered and transferred to the Union Pacific Railroad Company upon said depot grounds, where the Union Pacific trains shall be made up for the west, and that said party of the first part will, after such bridge completion, transfer upon said grounds to the various railroads that do or may begin or end in Council
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HISTORY OF THE CITY OF OMAHA.
Bluffs or Omaha, all its passengers, baggage, express matter, mails and freight north, east, or south bound.
" Fourth. That the said Union Pacific Railroad Company will, within one year from the date hereof, expend in improve- ments in the building of passenger and freight depots, general passenger and freight offices, land offices, transfer and telegraph offices, upon said grounds, a sum that shall not be less than $100,000, and to maintain these buildings and offices thereon.
" Fifth. All machine and car shops and other manufactories required for the use of said company at its eastern terminus, all permanent offices for the company required for the transaction of its business, including the land department, general superintend- ent's office, general passenger and freight offices, warehouses for the company's use, etc., shall be erected and maintained at Omaha.
"Sixth. That under proper rules for their regulation, to be prescribed by the said party of the first part, the trains, cars and engines of all railroads now or hereafter running into Omaha and Council Bluffs, shall have unobstructed access and transit to and over said bridge and its approaches, and such roads shall have the right to take, or cause to be taken, their trains, cars and engines with their freight and passengers, over and across said bridge and its approaches at reasonable compensation witli- out discrimination, hinderanee, preference or delay; Provided, however, that the Union Pacific Railroad Company shall in all cases have the option of substituting its own engines for those of such other railroads in the operating of its said bridge, receiving reasonable compensation therefor, the object of this clause being to make a virtual and operating connection upon said transfer grounds between all the railroads desiring sueh connection which do or may begin or end in or pass through Omaha or Council Bluffs, and trains and business of other rail- roads.
"In witness whereof the said party of the first part has caused these presents to be ex- ecuted in triplicate, by its vice president. hereby binding said Union Pacific Railroad Company, and its successors, to the coven- ants and agreements herein contained, and the parties of the second part by their au- thorized officers, have hereunto set their
hands in triplicate, the day and year first above written.'
" Which said contract was duly executed and delivered by the triplicate parties thereto. Now, therefore, in consideration of the premises, and the sum of one dollar in hand paid, the receipt of which is hereby acknowledged, the said party of the first part does hereby grant, sell and convey unto the said party of the second part and its snc- cessors, the following described real estate. situated in the City of Omaha, County of Douglas and State of Nebraska, and bounded and described as follows, (here follows a lengthy description of the property con- veyed) hereby limiting the use of all said premises to the legitimate purpose of depot and transfer grounds and grounds for right of way and approaches to said Missouri bridge, subject to the conditions and restric- tions contained in the contract above recited. and provided further, that in case said prem- ises, or any part thereof, be abandoned or disused, or converted to any other than the uses and purposes hiereinbefore limited, then the same shall revert to and become the property of the City of Omaha."
This deed was signed by Ex-Governor Saunders, witnessed by W. R. Bend and A. J. Poppleton, and acknowledged before W. R. Bend as notary public, the date of the acknowledgment being January 26, 1872. It is recorded in book twelve of deods, at page 220, Douglas County records. The contract which is embodied in the foregoing instru- ment, has appended, the following:
Signed by : " Union Pacific Railroad Com- pany, by John Duff, vice president. Exe- cuted in presence of A. J. Poppleton. Attest: R. II. Rollins, Secretary Union Pacific Rail- road Company. E. A. Allen, President City Council and Acting Mayor of Omaha: C. L. Bristol, City Clerk, per I. U'sher, Deputy: the County of Douglas by M. W. E. Pur- chase and James 11. McArdle, Commission- ers; William II. Ijams, County Clerk."
The intention of having all transfers of passengers and freight made on the Omaha side of the river did not prove one of easy enforcement, however, and on the 13th day of March following, this entry appears in the city records:
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" WHEREAS, It is reported by good authority to this council that the superin- tendents of the several roads passing through Iowa and terminating in Council Bluffs, and at the Missouri River, have positively refused and declined to transfer their western- bound passengers and freight across the Missouri River Bridge between Omaha and Council Bluffs, and have, in fact, refused to even allow their cars to be crossed over said bridge, intending, evidently, by such action, to compel the Union Pacific Railroad Com- pany to make their transfers on the east side of the river and at a great distance from its terminus, therefore be it
" Resolved, By the city council of the City of Omaha, that the officers of the Union Pacific Railroad Company are hereby respectfully requested not to go beyond their terminus in Omaha to discharge their passengers and freights; and we further request that if any third party has to be employed temporarily to assist in making their transfers said party shall be the repre- sentative of the eastern roads, and not of the Union Pacific Railroad Company."
Several prominent citizens addressed the council, the resolution was adopted, and a copy thereof and also of the preamble, ordered sent to Superintendent Sickles.
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