The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-07-17

with .he pavement. neacsden or oshs
surface Of the street SIS the case ma,
be,
Sec s II IN The Judgment 81 III,
city council the grantee shall 81 an,
tine fsii TO repair. construct or main
tain as provided in sections four ga
and tSl of this ordinance the
city council shan hv resolution direci
the grantee 10 repair. construct q.
naintain. SIS the case may be, within
thirty (s0a days from the service Of
said resolution upon the grantee
provided the ground is not frozen and
II is practical 70 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 t3oi days from the ser
vice of said resolution upon the gran
Tee, provided the ground is not fro
zen. 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 a special lien
on all tracks. appurtenances, real
estate and property of said grantee.
Sec. I. II. by reason of the failure
OF the grantee TO do or perform any
thing In this ordinance required OF it
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 to all prior rights, mort
cages and liens of all persons or cor
porations, or companies whatsoever.
Sec. 8. 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. IL
for reasonable cause it become i'm
practicable TO lay such track or tracks
as above specified, then they shall be
laid upon such part of such streets as
said city council shall designate.
Sec. 8. The City OF Keokuk re-
serves full control and all rights to
authorize the use of the streets and
to use the same itself for all sewerage
and water pipes or other use in the
improvement of the city not inconsist-
ent with the grant herein made, with
out right on the part of the grantee
to recover damages therefor. Sucn
repairs and improvements, however,
shall be made with as little delay and
interruption of the business of the
grantee as possible. ALI policemen and
firemen of the city when in uniform
and wearing the insignia of their of
fee 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 OF 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 a 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. Ali driy-
ers of vehicles and all persons ap-
preaching street car crossings or at
tempting to cross the track of said
grantee. shall accord to said street
car precedence in the right of way.
Any person who shall wilfully or
maliciously obstruct, hinder or inter.
fere with the movement of any of said
cars by placing obstructions on the
track or by driving. stopping or caus-
ing to be placed. or driven at slow
pace or stopped, and 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 misdemeanor and shall be prose
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