The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-05-23

en-, and 1t Is practicable to make sui
repairs, within said time, proceed
without advertising for bids, to repai
as in said resolution specified and re
turn the total cost thereon to the
city clerk
Such costs shall not be questioned
except for fraud and oppression, ant
may be levied by said council as spec
ial tax against the grantee and its
property and shall be special lier
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
thing in this ordinance required of II
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
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. S. All tracks shall be laid in
the center of the street except as
hereinafter provided for. Where a
double track is required with turn
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
there shall be no greater space be-
tween the tracks than is reasonably
necessary for the cars to pass II
for reasonable cause 1t 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. 9. 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 or other use in the i'm
provement Of the city not inconsistent
with the grant herein made, without
right on the part of the grantee to re-
cover damages therefor Such repairs
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.
Sec. 10. The grantee shall have the
right by its employees in charge of the
cars to eject any person from the
cars refusing to pay fare or who is
guilty of any disorderly conduct, and
any person properly ordered to leave
the car under this section and refus-
ing and neglecting to do SO shall be
guilty of misdemeanor. The cars
operated by the grantee shall be en-
titled to the track in all cases. When
a team or vehicle shall be met or
overtaken upon any of the tracks of
the grantee, such team or vehicle
shall give way to said car. All driv-
ers of vehicles and all persons ap-
street car crossings or at
tempting to cross the track of said
shall accord to said street
car precedence in the right of way.
Any person who shall wilfully or
obstruct, hinder or inter
fere with the movement of any OF said
cars by placing distractions on the
track or by driving, stopping or caus-
Ing to be placed, or driven at a slow
pace or stopped, any team or vehicle
Or other thing in, upon, along, across
Or near the track OF said railway after
being notified by the motorman or
conductor Of the car, by ringing of the
bell or otherwise, shall be guilty of a
nisdemeanor and shall be prosecuted
IN the name and for the benefit of the
City OF Keokuk and shall be fined in
the sum of not less than one dollar
nor more than one hundred dollars
Tor each offense which shall be en-
forced by fine and Imprisonment at
the discretion of the court as are
other penalties for violating city ordi-
1ances; provided that this section
shall not apply to hose carts, fire en-
sfnes and hook and ladder wagons 60
Ing to and from fires, and provided
that the grantee shall not injure or
interfere with the operation of fire
hose when laid over or across the
tracks for the purpose of extinguish-
ng fires.
Sec. II. Said grantee shall not
charge for the transportation of pas
'engers to exceed five cents per pas
sage for one passenger within the
city limits as now existing, and
distance of one mile beyond the same
N the state of Iowa; a passage as
herein referred to meaning one con-
)