The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1936-10-16

Within three months after said value shall
have been agreed upon or fixed, aforesaid,
the City Of Hamilton shall pay the amount
thereof to the Company. whereupon the City
shall be entitled to have conveyed to it and
shall be given possession of said property, and
any grant conferred upon the Company by this
ordinance shall thereupon cease and determine.
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
pensatlon 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 and all damages. lawful
claims and demands for injury to person
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.
1t is understood and agreed that tho CITY
shall not be liable TO the Company for any
delay that may be caused by the construction
or laying Of sewers water, gas other pipes
or lines, from the necessary repairing of
the same, or from any delay that may be
caused by fire, or the repair of any street
or streets.
II SECTION XI: The City viii not require the
Company to pay the City any tax fee
based on the gross or net receipts or earnings
of the Company, and city license fee OF tax
will be levied or assessed against the Company
or its motor buses for the by the Company
Of the streets Of the City.
SECTION XII: The City shall 50 far as
within its power lies protect the Company
from competition with street railway lines
or motor bus lines which would tend to inter-
fere with the profitable and economical orera-
ton of the transportation system whole,
but this grant shall not be construed an
exclusive grant for the transportation of pas
sengers for hire. Nothing herein contained
eh4
way interurban 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,
far as within Its power lies, not permit during
tht hours from $50 a. M. to IL 80 p. m. the
transportation of passengers by interurban
buses whose rides begin and end within the
corporate limits of the City and Will not per-
nit said interurban bus lines TO pick up
passengers within the corporate limits for tras-
Ter to any other connecting lnterurban 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
standards OF service subject only to the right
of a reasonable return upon the fair value OF
the property defined in the Charter of the
City Of Hamilton, Ohio.
SECTION XIV: Upon failure Of the Com
pany to carry out and comply with any or all
of the provisions of the foregoing grant on
lts part to be performed, and such failure
shall continue for sixty days after written
notice to the Company from the City of its i'm
tention to 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
al rights and privileges granted to the Conn
lany Hereunder and the same shall thereupon
Cease and determine. Provided, however that
no forfeiture or revocation shall be invoked
by the City against the Company for any de-
fault of the Company not within its control
such as strikes, lockouts, insurrection or act
Of God
SECTION XV In the event the Company
should desire extension or renewal of this
grant it shall notify the City of its willingness
and readiness TO contract for such extension
or renewal of said grant at least one year
before the expiration OF this grant, and in the
event the City should desire an extension or
renewal of this grant ii shall SO notify the
Company Of It's willingness and readiness to
contract with the Company for such extension
or renewal at least one year before the expira-
ton Of this grant. Provided however that
the failure OF the City or the Company to give
such notice shall not constitute bar to an
agreement being entered into between the City
and the Company for extension or renewal
of this grant.
SECTION XVI: The Company shall within
thirty 800 days from and after the effective
date Of this ordinance file with the City Clerk
of the City of Hamilton a written acceptance
of the same and when the ordinance shall have
been accepted by the Company such ordinance
and acceptance shall constitute a contract
between the City and the Company for all
the uses, services and purposes set forth in
this ordinance and such acceptance togatber,
with the ordinance shall be deemed an as rec
ment TO perform all and singular the conditions
and requirements of the ordinance. The Com
pany hereby agrees to provide the necessary
motor buses, and to establish operate and
maintain the local transportation service con-
tempated in this ordinance over and along
the routes named in Section II Of this ordi-
nance, beginning on December 81 1887 and
continuing without substantial Interruption
until the 3lst day of December. 1872
SECTION XVII: The Company agrees that
It will not transfer, assign or in any manner
convey TO another any right. privilege or fran
chlse granted by this ordinace. unless such
proposed transfer assignment or conveyance
shall have first been submitted to Council
together with a request for its approval with
all relevant information which Council may
require, and Council shall have approved such
proposed transfer, assignment or conveyance
or unless Council shall have failed to take
acton either approving or disappearing such
transfer, assignment or conveyance within
thirty days after the Company shall have
requested approval thereof. No transfer as
i slgnment or conveyance of the rights privil-
eges and franchise granted by this ordinance
shall be valid until there is filed with the
i Clerk transcript of all minutes papers and
| documents affecting the same together with
/ transcripts Of the application to Council for
the approval thereof and Of the action Of
Council thereon.
SECTION 1vIu: Whenever By the terms
q this ordinance notice is required to be given
\ by the City To the Company, it may be given
/ by leaving a paper writing thereof during the
ordinary business hours at the principal Office
in the City of Hamilton. Ohio. Of the Com
pany. Whenever the Company is required 70
give notice to the City it shall do by leaving
i a paper writing thereof at the Office of the
Clerk during the ordinary business hours
SECTION XIX: Whenever the rights and
powers Of the City are to be exercised under
the provisions of this ordinance any action
necessary thereon and not otherwise provided
for by the charter the ordinance of the
City, or by this contract. shall be taken by the
Council Of the City. unless said Council shall
otherwise direct
i SECTION Xxx Each section of this ordi-
nance and every part thereof is hereby declared
to be an independent section or parts of Sec
tons. and should any section or provision Of
j this ordinance be decided by any court to be
i invalid, void ineffective for any cause the
same shai not effect the validity and effective
ness Of this ordinance a whole. or any part
L thereof nfhar than fhnfrn