The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-06-16
Ordnance No. III.

OrAlnance No. Ill.
An Ordinance granting the right Of way
and certain other rights on the Levee to
the Des MoinesV Valley Railroad Compan..
Be 1t Orla,aed By the CITY Council Of the
City Of Keohak,
SECTION /. That there is hereby granted
by the city Of Keokuk to the Des Moines
Valley Railroad Company. subject to the
provisions and conditions Of this ordinance,
the right to lay aud to operate single rail
road track across and along the Levee in
said city from Railroad street in Reds Ad
dition to said city, TO point on the Levee
at or near the foot Of Main street, SO as TO
connect with the railroad track ofthe bridge
across the Mississippi River; and also with
the railroad track Of the keokuk and st.
Paul Railrad Company; and also the right
10 locate and operate single railroad
track from some point below the lower line
Of Bank street up to the Elevator, now sit
uated on the Leyee, and to extend said rail-
road track above the Elevator so 70 to join
as near as practicable the railroad track first
herein above designated.
SEc. 9. That the City Of Keoknk hereby
grants to the said Des Moines Valley Rail
| road Company, subject to all conditions and
| provisions Of this Ordinance, the use ofthat
norton OF the Lcvee below the lower line
Of Bank street, and above the lower line OF
Cedar street, for Railroad Depots and the
necessary railroad tracks, sidings, turnouts,
spurs and switches connected with the same.
SEC. ). That the rights and privileges
herein above granted, are granted sub
ieet To-, and upon the following express
| conditions and limitations. to-~it:
First-That said railroad track from Rail-
| road Street, in Reid Addition TO the City
| of Keokuk. to point on the Leyee at or
near the foot of Main street shall be located
! at distance ofnot less, at any point, than
s;yty-six feet from the lots fronting on the
| Leyee. and so that Water Street at all points
/ alona tho i.eyec shall be at least sixty Fix
feet wide and no railroad track. siding,
turnout, SPUR switch. depot or binding or
any part thereof. shall be located on said
Water Street, or said sixty six feet ia width
j hereby expressly reserved, but the same
shall be and remain entirely nnobstructed.
/ Second-That said railroad tracks, sitlings,
tnrnouts, spurs, switches. &c., shall be so
located and constructed that the same shall
in no wise interfere with the drainage Of
said streets and Levee, or the. future sew
erage of the city; ard all railroad tracks;
sidings, turnouts, spurs, switches. &c, shall
conform to the surface grade OF the Levee |;
, and that portion of said Leyee next to Wa
ter Street shall be so constructed az not to
prevent the free and convenient use OF the
same IN connection with said Water Street
and the surface grade of said portion
. Of said I,evee to be occupied by said Rail
, read COMPANY shall be as nearly level as
practicable, and oil Of said railroad tracks,
sidings. turnonts, spurs, switches, &c,
shall be planked or paved between the rails.
. and shall be paved outside Of the rails so as
, at all points to allow free and convenient
!. passage for wagons, drays, carriages and
other vehicles across said tracks.
Third Said Des Moines Valley Railroad
! Company at its own expense shall do all the
work necessary to prepare said portion OF
said I.evee which shall be occupied by said
Company below the lower line OF Bank
!, Street, for the uses for which it is hereby
: granted, and shall at all times keep the same
. in good surface and complete repair; and
). said Railroad Company shall commence said
:, work within two year,, and shall complete
the same within sixyears
Fourth-The city Of Keokuk hereby ex-
I pressly reserves TO herself for the use Of the
! general trade Of the Mississippi river, a
3 space of one hundred feet in width from
= the water line, extending on the outer line
of said portion Of said leyce, from the lower
line Of Bank street to the lower line of Ce-
, dar street, and no railroad track, siding,
0 spur, turnout. switch, depot, or building,
D or any part thereof, shall be located on said
, portion of said leree one hundred feet in
width. hereby expressly reserved, but the
same shall be and remain entirely unob-
structed: and said depois shall be so loca-
!. ted as to leave passage of sixty-six feet III
/ width between them, extending from Water
street to the river. across said portion of said
leyee, snd no building or other permanent
obstruction, shall be located on said passage
: Of sixty six feet in width. or any part
thereof; and the city of Keoknk hereby
9 expressly reserves to herself all rights Of
! wharfage and general police control over
said portion Of said ieyee hetween the lower
line Of Bank street and the lower line Of
= Cedar street.
Fifth-Ail other railroad companies whose
roads terminate at or pass through the city
RI of KeokBk shall be entitled 10 use said
I portion of said levee and the railroad track
) and depots thereon, and also said railroad
: track extending up to point at or near the
a foot Of Main street, in common with said
!. DIS Moines Valley Railroad Company
MES shall pay to said Dcs Moines Valley
Railroad company their just and fair proper
. ton of the cost of the same to the said Des
Moines Valley Railroad Company, and also
) their Just and fair proportion of the cost of
maintaining the same and said Das Moines
: Valley Railroad Company shall at all times
4 grant and extend ali fair and reasonable In
, ducements to such railroad companies to
Join with said Des Moines Valley Railroad
Company in union depots and union tracks
on said portion Of said levee and any rail-
road company so using said portion Of said
: levec with the Des Moines Valley Railroad
: Company shall be bound by all the pro-
r visions and conditions of this ordinance
Il Sixth If said Des Moines Valley Rail-
road Company shall fail to keep said rail-
road tracks, sidings, turnouts, spurs,
switches, &c, so as not to interfere with
the drainage of the streets and levee, and
so rs. at all points. to allow the free and
convenient passage Of wagons, drays, car
riages. and other vehicles, as required by
the provisions of this ordinance, then, after
ten days notice to said Railroad Company,
the city may make said railroad tracks, &c.
conform to the requirements OF this ordi-
nance. and shall be entitled to recover the
expense of the same from said Railroad
Company.
Sesenth-That said Des Moines Valley
Railroad Company, and all other companies
availing themselves of the benefits of this
ordinance, shall locate, erect, maintain and
use their principal passenger depot between
Timea and Palean streets-the upper or
northerly end Of said depot to be Is high
up IS Tmea strcefand that there shall
be a good and sufficient road to and around
said depot, from Bank steeet on the line
, and grade Of Water street and the levee j;
and that the local freight depot be erected
and maintained commencing At the lower
/ line Of said Palean street, extending a. far
down Is said railroad companies may End
necessary, said depots to be within fifty
4 feet of the outer line of Water street.
| SIC. This ordinance shall take effect
i from and after its acceptance, in writing,
By said Des Moines Valley Railroad Com
/ pany and its publication as by law required.
Passed June 9th. 1865
/ .ToHN .ADAIR McDowELI.
/ Mayor Of the City of Keokuk