The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-05-02

CliCtl apparatus, dppllduCcS, poic5,
etc, used or erected in the streets of
said city as shall be reasonably nee
essary and proper.
Sec. 3. 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
i 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 guarantee shall
at its own expense. raise or lower the
i tracks SO as to conform to the estab-
1 lished 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
grade.
Sec. 4. 1t shall 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 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 Inn
provements of space OF four az
i 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
J 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 it's 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
tion 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 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, macadam or other
surface of the street as the case may
be.
Sec. 6. If 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 t4)
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 900 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.
j 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.
!; 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 its
: property and shall be special lien
: on all tracks. appurtenances, real
, estate and property of said grantee
, Sec. l. If, by reason of the failure
, of the grantee TO do or perform any
t thing in this ordinance required of il
, 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 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 10 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 q
double track is required with fnrn
: out. side track or switch, the tracks
shall be laid at such distance from