The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1933-05-12


quate space in which vehicles shall not
be permitted to interfere with the bus opera
tion to the end that safety, convenience and
welfare of the patrons and public may be
safeguarded
Section VI: The fare to be charged and COL
ected by such Company shall be five cents
for each passenger, except that children in
arms shall be carried free, and except that
the Company shall carry policemen and fire.
men of the City of Hamilton. Ohio free when
on duty and while in uniform.
Section VII: A transfer without additional
cost shall be issued by the Company at all
times to any passenger demanding transfer
at the time of paying such cash fare from
motor bus to motor bus, which transfer shall
be accepted when presented by such passen-
Ger to the operator of the next connecting
motor bus not going to or returning by the
same route or any other route which would
enable the passenger to return to the vicinity
from which he started, without paying a Sec
ond fare. The Company may make such rea-
sonabe regulations not inconsistent with the
provisions of this ordinance may be neces-
sary to prevent misuse of transfer.
Section VIII: The Company shall obtain and
file with the Director of Finance of the City
of Hamilton, Ohio, and continue to keep the
same in full force and effect during the period
of this grant, liability insurance policy or
policies. bond bonds of indemnity, con-
dtioned for the benefit of persons suffering
by virtue of the negligent operation and
maintenance of motor bus transportation
equipment of and by said Company. Such
liability policy or policies, indemnity bond or
bonds, shall be in the sum of not less than
Six Thousand Dollars (s6,000.001 for injury or
death to any one person. and not less than
the sum of Thirty-six Thousand Dollars
1876. .000.00) for the death injury to all
persons affected by any accident. and not
less than the sum of One Thousand Dollars
Isl 100000 for damage to property in any one
accident, such coverage to be for all trans
portation vehicles used for service herein
authorized and shall continue undiminished.
Insurance bonds to the amount, required
in this ordinance shall be in effect during the
under this grant
Section TX: The Company by the accept
ance of this ordinance hereby grants to the
City and the City reserves unto itself the
right at any time during the life of this
grant or any renewal thereof, upon giving
at least six months previous notice in writing
of its intentions so to do, to acquire by pur-
chase, condemnation otherwise, the entire
property of the Company within the City or
elsewhere. used in useful for the operation
of the local transportation system within the
City; The price TO be paid for the property
of the local transportation system in case OF
acquisition by the City shall exclude all value
of this grant or any renewal thereof. The
price to be paid by the City in the event it
should exercise its option to purchase said
property shall be agreed upon by the City
and the Company. and in the event of their
failure to agree the price shall be determined
and fixed by arbitrators TO be appointed as
follows;
Each party (the council acting for the
City, shall choose an Arbitrator and the two
thus chosen shall choose third arbitrator.
and upon failure for five days to agree on the
third arbitrator, the Federal Dist. Judge of the
Southern District of Ohio, Western Division,
or in the event of his disqualification refu-
sal to act, Judge of the United States Court
of Appeals for the Sixth District, shall appoint
said third arbitrator, and said Board of
Arbitrators shall make valuation of the
property of said Company, which valuation
shall be made within thirty days after they
are chosen The parties choosing an arbitra-
tor shall pay the compensation and expense
of such arbitrator, and the compensation of
the third arbitrator together with the expense
of the hearing and investigation shall be
borne equally by the parties.
Within three months after said value shall
have been agreed upon fixed, aforesaid,
the City of Hamilton shall pay the amount
thereof to the Company, whereupon the City
shall be entitled TO have conveyed TO 1t and
shall be given possession of said property and
any grant conferred upon the Company by
this ordinance shall thereupon cease and de-
termine.
The City may refuse to be bound by the
price fixed by the Board of Arbitrators. in
which event the City shall pay the cost and
expense of said arbitration, including the
compensation of the arbitrator selected by the
Company and no further proceedings shall be
had under said notice to purchase.
Section X: The Company shall at all times
save keep harmless and indemnify the City
from and against any and all damages, lawful
claims and demands for injury TO person or
property which may be made against the City
in any manner growing out of the maintenance
and operation of such motor buses by the
Company.
It is understood and agreed that the City
shall not be liable to the Company for any
delay that may be caused by the construction
or laying of sewers, water, gas or other pipes
or lines, from the necessary repairing of
the same from any delay that may be
caused by FIRE. or the repair of any street
Section XI: The City will not require the
Company to pay the City any tax or fee based
on the gross or net receipts or earnings OF the
Company, and no city license fee or tax will
be levied or assessed against the Company or
its motor buses for the use by the Company
of the streets of the City.
Section XII: The City SHALL so far as
within its power lies, protect the Company
from competition with street railway lines or
motor bus lines which would tend to interfere
with the profitable and economical operation
of the transportation system a whole, but
this grant shall not be construed an ex-
elusive grant for the transportation of pas
sengers for hire. Nothing herein contained
shall prevent the operation of interurban street
railway nterurban buses which do not carry
local passengers whose rides originate and
terminate within the corporate limits of the
City. The City further agrees that it will
so far within its power lies, not permit
during the hours from 80 a. to II 80
p. M. the transportation of passengers by
interurban buses whose rides begin and end
within the corporate limits OF the City anC
will not permit said interurban bus lines to
pick up passengers within the corporate linn
its for transfer TO any other connecting in
terurban lines situated within the corporate
limits.
Section XIII: The City shall have the right
by ordinance to require extensions of plant
equipment and service and to establish stand.
ards of service, subject only to the right of q
reasonable return upon the fair value of the
property as defined in the Charter of the City
of Hamilton, Ohio.
Section XIV: Upon failure of the Company
to carry out and comply with any or all OF
| the provisions of the foregoing grant on its
part to be performed. and such failure shall
continue for sixty days after written notice
| to the Company from the City its intention tt
exact a forfeiture by reason of such failure
| then and in such event this grant shall be
deemed to have been broken and violated by
the Company and the Council of the City
may at its option thereupon forfeit and revoke
| all rights and privileges granted TO the Com
pany Hereunder and the same shall thereupor
| cease and determine. Provided. however. thai
! no forfeiture revocation shall be invoked
by the City against the Company for an,
default of the Company not within its con
| troll such as strikes, lockouts, insurrectior
/ or act of God.
! Section XIV: In the event the Compan!
| should desire an extension or renewal of this
| grant it shall notify the City of its willing
ness and readiness to contract for such ex
| tension or renewal of said grant at least on'
| year before the expiration of this grant, ant
in the event the City should desire an exten
sion or renewal of this grant it shall motif,
| the Company of its willingness and readnes
| to contract with the Company for such exten
| sion or renewal at least year before tn
| expiration of this grant. Provided, how
| ever, that the failure of the City tn
Company to give such notice shall not con
stitute a bar to any agreement being entere
into between the City and the Company fo
an extension or renewal of this grant.
Section XVI: The Company shall with
/ thirty 800 days from and after the effectiv
date of this ordinance file with the City Cler
of the City of Hamilton, written acceptanc
of the same and when the ordinance sha
have been accented by the Company sue