The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-05-01

ing, removal and repair Of its poles,
tracks and appliances and by the
operation of its railway upon the
streets used by the gl.ntee 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
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
with the pavement, macadam or other
surface Of the street as the case may
be.
Sec. g. 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 90
and five CO. of this ordinance tho
city council shall by resolution direct
the grantee to repair, construct or
maintain, as the case may be, within
thirty (30) 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
The city may on failure at any time
after thirty (3o) days from the SER
vice of said resolution upon the gran
tee, provider the ground is not froz.
en-, and 1t is practicable to make such
repairs, within said time, proceed,
without advertising for bids. to repair
as in said resolution specified and re-
turn to 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 it's
property and shall be a special lien
on all tracks, appurtenances. real
estate and property of said grantee
Sec. T. If, 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 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. If
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. 8. 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
proyement 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
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 a misdemeanor. The cars
operated by the grantee shall be en-
titled to the track in all cases. When
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 APP
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 wiIfully or