The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-07-12


tracks ana appliances snd by the
operation q its railway upon the
streets used BY the grantee On paw
ed or nsczeamised streets there shall
Be no depression between the rails
other than is necessary for the opera
ton os the car wheels but the sur
fsce between the rails shall conform
10 the rails as much as uay be pos
sfhls consistent with standard opera
ton.
Sec & n the construction OF the
railway upon all bridges and visducts
and On sfl paved streets the top sur
face Of the rails shan be on a level
with she pavement. macadem or other
surface OF the street as the case may
be.
Sec {. /. in the Judgment OF the
city council the grantee shall at any
tine fsil TO repair, construc; or main
tain as provided In sections four (4)
and t5l OF this ordinance the
city council shall by resolution direct
the grantee TO repair, construct or
maintain. as the case may be, within
thirty f5ol days nom 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 (3ol days from the ser
vice of said resolution upon the gran
tee, provided the ground is not fro
zen. and 1t il 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 tar against the grantee and its
property and shall be a special lien
on all tracks. appurtenances. real
estate and property of said grantee.
Sec. Z. II, by reason of the failure
OF the grantee to do or perform any
thing 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
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
such suit, and whatever amount ma,
be recovered against said city afte1
such notification together with costs
shall be conclusive in favor of sait
city against said grantee and actor
shall lie therefor.
The lien of the judgment in favor o
the city upon such action shall b.
paramount to all prior rights, mort
cages and liens Of all persons or COZ
porations, or companies whatsoever.
Sec. s. All tracks shall be laid II
the center of the street except a
hereinafter provided for. Where
double track is required with turn
out side track or switch. the track
shall be laid at such distance from
the center OF the street as will max
the center points between the tw
tracks the center OF the street an
there shall be no greater space be
tween the tracks than Is reasonabl
necessary for the cars to pass.
for reasonable cause it become In
practicable to lay such track or track
as above specified, then they shall b
laid upon such part of such streets a
said city council shall designate
J. Sec. 8. The City of Keokuk re
serves full control and all rights t
!, authorize the use of the streets an
to use the same itself for all sewerag
and water pipes or other use IN tn
improvement of the city not inconsis
ent with the grant herein made, with
, out right on the part of the granite
to recover damages therefor. Sue
repairs and improvements. however
shall be made with as little delay an
interruption of the business OF tn
grantee as possible. All policemen an
fremen of the city when in uniforr
! and wearing the insignia OF their o
fee shall be carried free of charg
!, within the limits Of the city.
Sec 10. The grantee shall have tn
right by its employees in charge OF tn
cars to eject any person from tn
cars refusing to pay fare or who |
guilty Of any disorderly conduct, an
|, any person properly ordered to leav
!, the car under this section and refu'
ing and neglecting to do SO shall b
guilty of misdemeanor The car
operated by the grantee shall be ell
titled to the track in all cases. Whe
team or vehicle shall be met c
overtaken upon any Of the tracks {
the grantee, such team or vehicl
,, shall give way to said car. Ali dri-
ers of vehicles and all persons a,