The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-07-11
appliances used BY said grantee i

appliances used by said grantee IN
the construction and operation Of Ito
street railyaw shall be located under
the direction OF the city engineer OF
other proper official OF the City Of
Keokuk. Said city reserves the right
at any time to direct such changes tc
be made in the location OF all cleo
trical apparatus. appliances, poles
etc.. used or erected in the streets Of
said city as shall be reasonably ne
cessary and proper.
Sec. s. The tracks shall be laid sc
as to conform to the established grade
on any street In which the road may
be built. where the city has brough,
said street to grade. Where a stree,
has not been brought to grade, said
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 grantee shall
at its own expense, raise or lower the
tracks so as to conforms to the estab
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, 1t shall be the duty OF the
o.. ~ &C. A. L.
the tracks conform to such changed
grade.
Sec. 4. 1t shall be the duty Of the
said grantee to keep 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 1t shall be the duty OF the
grantee to pay for the paving or I'M
provements of space Of four "a
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.
face between the rails shall conform
to the rails as much as may be pos
s1ble consistent with standard opera
ton.
Sec 5. In the construction OF the
railway upon all bridges and yiaducts
and on all paved streets the top sur
face OF the rails shall be on a Level
with The pavement, macadem or other
surface of the street as the case may
be.
Sec. s. 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 60 of this ordinance the
city council shall by resolution direct
the grantee to repair, construct Of
maintain. as the case may be, within
thirty 500 days from the service O
said resolution upon the grantee
provided the ground is not frozen ant
it is practical to make such repairs
within said time. The resolution shall
specify what repairing. ETC., shall b,
done. - ~
The city may on failure at any tim,
after thirty 600 days from the ser
vice of said resolution upon the gran
tee. provided the ground is not frc
zen, and it is practicable to make sue
repairs, within said time, proceed
without advertising FOR bids, to repai
as in said resolution specified and re
; turn the total cost thereof to tn
city clerk.
Such costs shall not be questione
except for fraud and oppression, an
may be levied by said council as spec
, ial tax against the grantee and 1t
. property and shall be special lie
( on all tracks, appurtenances, rea
estate and property Of said grantee.
Sec. Z. If, by reason of the failur
of the grantee to do or perform an,
thing in this ordinance required OF
to do or perform. any person or CO..
poration is injured and such in1ur
, shall be a cause Of action against tn
city, the city shall have such recours
: against said grantee as such perso
? or corporation shall have against tn
: city.
5 And in case such person or CO
: poration shall institute suit agains
( the city on account thereof, the cit
/ shall notify the grantee to defen
: such suit, and whatever amount ma
l be recovered against said city afte