The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-06

sec. y. All the poles, apparatus and
appliances used by said grantee in
the construction and operation of its
street railway shah be located under
the direction of the city engineer or
other proper official of the City OF
keokuk. Said city reserves the right
at any time TO direct such changes to
be made in the location of all cleo.
trical apparatus, appliances. poles,
etc. used or erected in the streets OF
said city as shall be reasonably nee
essary and proper.
Sec. 8. The tracks shall be laid so
as to conform to the established grade
on any street In which the road may
be built, where the city has brought
said street to grade. Where street
has not been brought to grade. said
grantee shall maintain and lay its
tracks on The surface grade. and shall
properly ballast same with macadam.
gravel. cinders or other suitable ma
terial, provided that whenever the city
shall bring said street to the grade
established by law, the grantee shall
at its own expense. raise or lower the
tracks so as to conform to the estab-
hshed grade, provided also, that if the
city shall at any time change any
temporary or permanent grade of any
street along which said tracks shall
be laid. it shall be the duty of the
grantee at its own expense. to make
the tracks conform to such changed
grade
Sec. 4. 1t shah be the duty of the
said grantee to keep a space of four
(4) feet on both sides of the center
of any track laid on a paved or mac
adamized street, In as good condition
as the balance of the roadway is main
tanned by the city. Whenever any
street upon which the tracks of the
grantee are laid is paved or improved
by the city it shall be the duty of the
grantee to pay for the paving or i'm
provements of space of four "a
feet on each side of the center of
any track laid on such street.
When the tracks cross any cutters
at the intersection of the street IL
shall be the duty of the grantee to
bridge the gutter at the crossing and
keep the same In repair.
The grantee shall repair. subject to
the approval of the city engineer. any
and all damages done to the streets,
curbs, sidewalks, crossings and gut
tiers by the placing, laying, construct
Ing, removal and repair of its poles,
tracks and appliances and by the
operation of its railway upon the
streets used by the grantee On paw
ed or macadamized streets there shall
be no depression between the rails
other than is necessary for the opera
ton OF the car wheels, but the sur
face between the rails shall conform
to the rails as much as may be pos
sible consistent with standard opera
ton.
Sec. 5. In the constru .tion of the
railway upon all bridges and viaducts
and on all paved streets the top sur
face of the rails shall be on a level
with the pavement, macadam or other
surface of the street as the Ca se may
be.
Sec. s. If In the Judgment the
city council the grantee shall at any
time fail to repair, construct or ma in
tain as provided in sections four az
and five (5) of this ordinance the
city council shall by resolution direct
the grantee to repair, construct or
maintain, as the case may be, within
thirty 600 days from the service of
said resolution upon the grantee,
provided the ground is not frozen and
it is practical to make such repairs.
within said time. The resolution shall
specify what repairing, etc, shall be
done.
The city may on failure at any time
after thirty 500 days from the SER
vice of said resolution upon the gran
tee, provided the ground Is not froz-
en-. and it is practicable to make such
repairs, within said time, proceed,
without advertising for bids, to repair
as in said resolution specified and re-
turn the total cost thereof to the
city clerk.
Such costs shall not be questioned
except for fraud and oppression, and
may be levied by said council as spec
ial tax against the grantee and it's
property and shall be a special lien
on all tracks, appurtenances, real
estate and property of said grantee.
Sec. 4 If. by reason of the failure
OF the grantee to do or perform any
thing in this ordinance required of it
to DO or perform, any person or cor
poration is injured and such injury
shall be cause OF action against the
city. the city shall have such recourse
against said grantee as such person
or corporation shall have against the
city.
And in case such person or cor
poration shall institute suit against
the city on account thereof, the city
shall notify the grantee to defend
such suit, and whatever amount may
be recovered against said city after
such notification together with costs
shall be conclusive in favor of said
city against said grantee and action
shall lie therefor.
The lien of the Judgment in favor of