The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-05-30

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 ca
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 it
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 It's 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 NAV 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 level
with the pavement, macadam or other
surface Of the street as the Ca Sc may
be.
Sec. 6. If in the judgment c. the
| city council the grantee shall at any
time fail to repair, construct or main
tain as provided in sections four ca
and FIVE 60 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
1t 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 600 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.
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. Z. 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
shall lie therefor
The lien of the judgment in favor of
the city upon such action shall be
paramount to all prior rights, mort.
cages and liens of all persons or cor.
porations, or companies whatsoever.
Sec. 8. ALI tracks shall be laid i'll
the center of the street except as
hereinafter provided for. Where
double track is required with a tnrn-
! out, side track or switch, the tracks
/ shall be laid at such distance from
the center of the street as will make
the center points between the two
tracks the center of the street and
! lu6Ie Shall US uO cdIGI space De-
| tween the tracks than is reasonably
necessary for the cars to pass II
for reasonable cause it becomes i'm
practicable to lay such track or tracks
as above specified, then they shall be
laid upon such part of such street as
said city council shall designate.
Sec 8. The City of Keokuk re-
serves full control and all rights to
/ authorize the use of the streets and
to use same itself for all sewerage ana
water pipes CT other use in the inn
prcvement of the city not inconsistent
with the grant herein made, without
right on the part of the grantee to re-
cover damages therefor Such re pairs
and improvements, however, shall be
made with as little delay and inter-
ruption of the business of the grantee
as possible All policemen and fire.
men of the city when in uniform and
wearing the insignia of their Office
/ shall be carried free of charge within
the limits of the city