The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-07-10

adamlzed 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 1t shall be the duty of the
grantee to pay for the paving or i'm
provements of space of four (4)
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 streets 1t
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 damage 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
race between the rails shall conform
to the rails as much as may be pos
slble consistent with standard opera
ton.
Sec. 8. In the construction 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, macadem or other
surface Of the street as the case may
be.
Sec. 6. II in the Judgment of the
city council the grantee shall at any
time fail to repair, construct or main
tain as provided in sections four ca
and go of this ordinance the
city council shall by resolution direct
the grantee to repair, construct or
maintain, as the case may be, within
thirty (30) 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 900 days from the SER
vice of said resolution upon the gran
tee, provided the ground is not fro.
) zen, 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 rot be questioned
except for fraud and oppression, and
? may be levied by said council as spec.
ial tax against the grantee and its
: property and shall be special lien
! on all tracks, appurtenances, rea
!, estate and property of said grantee.
Sec. Z. If, by reason of the failure
/ of the grantee to do or perform any
-Ithing in this ordinance required of II
: to do or perform, any person or cor
! poration is injured and such injury
shall be a cause of action against the
G 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 defene
t such suit, and whatever amount ma.
/ be recovered against said city aftel
d such notification together with costs
: shall be conclusive in favor of sale
Z city against said grantee and actor
u shall lie therefor.
The lien of the judgment in favor o
n the city upon such action shall bt
r paramount to all prior rights, mort
}. cages and liens of all persons or cor
porations, or companies whatsoever.
Y Sec. 8. All tracks shall be laid il
the center of the street except al
g hereinafter provided for. Where ;
g double track is required with a turn
: out, side track or switch, the tracks
Q shall be laid at such distance from
:, the center OF the street as will maxi
e the center points between the TIVE
e tracks the center of the street ant
there shall be no greater space be
S tween the tracks than is REASONABLE,
g necessary for the cars to pass. |
g for reasonable cause it become i'm
l. practicable 10 lay such track or track
as above specified then they shall b.
laid upon such part of such streets a
n said city council shall designate.
S Sec 9. The City of Keokuk re
r serves full control and all rights tt
# authorize the use of the streets AM
u to use the same itself for all sewerag,
It and water pipes or other use in TIL
o Improvement of the city not inconsist
: ent with the grant herein made, with
3, out right on the part of the granite
" to recover damages therefor. Sue
3 repairs and improvements, however
shall be made with as little delay an
G interruption of the business of tn
e grantee as possible All policemen an
y a,o,,o,, Of tho pitv Whap in uniform