The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-05-16

the approval of the city engineer any
and all damages done to the streets,
curbs, sidewalks, crossings and gut
tiers 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
race between the rails shall conform
TO the rails as much as may be pos
slbie consistent with standard opera
ton.
Sec. 5. In the constru .tion 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 Sc may
be.
Sec. 6. If in the judgment o. the
city council the grantee shall at any
time fail to repair. construct or ma in
tain as provided in sections four "a
and five CO. of this ordinance the
city council shall by resolution direct
the grantee to repair, construct or
maintain. as the case may be, within
thirty 600 days from the service of
said resolution upon the grantee,
provided the ground is not frozen and
1t 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 500 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 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
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. Z. If, by reason of the failure
of the grantee to do or perform any
thing in this ordinance required of il
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
1 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
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 II
for reasonable cause it 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. 9. 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
provement 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
and improvements, however, shall be
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 it's 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 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
oyertaken 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