The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-07


tie es1cs-rT.s--Ss1E aid operation az -
sE-ssr rzAwaE sazI - Eezs=e- uzE.ef
r1.= Gzrsa.r1s1 q rhs city s1gaeer or
1sher grocer oEcsaz Ct tae CsEy ot
as.salE Szat CIR reserves tea right
III aIr TINS 20 estraez zEch changes t1
Ee made II ne location AZ al zFsc-
TRIAL zVpa-zrEIs Appliances, pcfss.
ssc, zsss1 ar erscsess N ths s1rseEs Of
sat9 ezF ~ shan be reasonably nee
esM-y and erugsr
Sec = TIE t-seas staI Be isit 80
"a % er51f1r-- - tie established grads
or any street n which tie rad nay
- tvzzlr- WHARF tie city has brought
said street 20 g-s5e E1sre street.
has 11t teer Brought 70 grade, said
grantee shaI MAINTAIN and Izy IL
trzEks On ek@ sHrfzce grade. and shan
s-DpertY ballast sane v1th uzeadan.
gravel. cTrders o. otter suitable ma
ls-izI provided taat wEeaeyer The city
zhzlE bring said street 10 re grzds
established b law. The rs1tss shah
81 Ia owl eIpeEse. raise o. lower tire
tracks 80 - 20 cnztoru TO the eatah-
Iisnet grade: provided also, thst II The
city shall AZ any ctz1= change any
temporary or permanent grade of any
street. along 1Lfca szid tracks shall
5e laid, Il shaH IL TIC duty OF the
srz--ee II rs OWE e1pense. 10 rake
he tracks conform 90 suct changed
grade.
Sec. 4 It shah ne the duty Of the
za!d grantee TO keep Z SPACE Of four
~ feet on hota sides ot the center
Of any track laid on paved Or mac.
sdamized street, In Is good condition
80 the balance Of the roadway IL main
tanned by the city. Whenever any
street Hpon which the tracks of the
grantee are laid : pared or improved
BY the city It shall De The duty OF the
grantee TO pay for TIE pairing OF i'm
provementg o. space Of four ~
feet on each side Of the center OF
any track laid on such street.
When the tracks cross any cutters
1T the intersection Of the street It
shall De 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
ters by the placing, laying. construct
Ing, removal and repair OF it's 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
ton Of the car wheels. but the sur
face between the rails shall conform
to the rails as much as may be pos
Bible consistent With standard opera
ton.
Sec. ;. In the constru zion 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 se may
be.
Sec 6. II in the judgment { the
city council the grantee shall at any
time fall to repair, construct or min
tain as provided In sections -four az
and five ~ 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 Ia 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 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 SUI
repairs. within said time, proceed,
without advertising for bids, to repair
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, and
may be levied by said council as spec
lal tax against the grantee and Its
property and shall he a special lien
on all tracks. appurtenances, real
estate and property Of said grantee
See. 7. If, by reason Of the failure
Of the grantee to do or perform any.
thing In this ordinance required OF /,
10 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 az such person
Or corporation shall have against the
city.
And In Gaze such person or cor
poration shah 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
sich notification together with costs
shall be conclusive in favor of said
cjtg against said grantee and action
shall lie therefor.
The lien of the Judgment In favor Of
tho city upon such action shall be