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(The following article by James Quirk Jr. was posted on the Hawkeye newspaper website on January 21.)

BURLINGTON, Iowa — A 146?year?old agreement with the city of Burlington and a former railroad company may force Burlington Northern Santa Fe officials from moving more jobs to Topeka, Kan.

That’s the hope of BNSF employees, who showed up in force at Tuesday’s City Council meeting — about 50 attended — to voice their support for the city taking the railroad to court over the matter.

“These people here and our organization are looking to the city to enforce that ordinance,” said Rick Heland, union representative for the local International Brotherhood of Electrical Workers.

According to Mayor Mike Edwards, the city entered into an agreement with the Missouri River Railroad Co., which was later adopted as an ordinance in 1858, that stipulated the railroad would be allowed to run its track through the city as long as it kept the local shops in operation.

The Missouri River Railroad Co. has since been absorbed by other railroad companies, which in turn, were absorbed by BNSF, Edwards said.

One question that needs answering, according to Edwards, is whether the law could still be applied.

BNSF eliminated 258 local jobs last year and are set to move 100 more to shops in Topeka next month, leaving only 44 jobs behind.

Resident Owen Sloan said he “was one of the lucky ones” when BNSF cut 258 jobs last year because he was able to retire after working with the company for 31 years.

“But these guys and these ladies are the ones that have been working and paying for this railroad,” he said. “I just hope seriously and truly that the council is looking into this agreement and fights for these jobs.”

Edwards said the council plans to meet with City Attorney Scott Power in a closed session Monday to discuss whether the city has enough standing to advance a case in court.

Councilman Chris King said that, if Power says the city has a chance, “we’ll commit what it takes to get it done.”

Resident Bernie Lee, a BNSF employee for 31 years, said fighting it until the end is the only way to go.

“If you lose and you’re over?powered by BNSF money, at least you went down swinging,” Lee said.