The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1936-11-13

D ITI
and file with the Director of Finance of the
/ City Of Hamilton. Ohio, and continue 70 keep
! the same in full force and effect during the
/ period of this grant liability insurance policy
4 or policies or bond or bonds of indemnity,
conditioned for the benefit of persons suffering
i injury loss or damage in person or property
4 hy virtue Of the negligent operation and mann
4 tenance OF motor bus transportation equipment
tof and by said Company Such hablllty polleY
/ or policies, indemnity bond or bonds, shall be
iin the sum Of not less than Six thousand Dol
/ lars {$6.000,00l for injury or death TO any one
i person and not less than the sum OF thirty
i Six Thousand Dollars t$36,0o0 OOl for the death
or injury to all persons Affected by any one
accident, and not less than the sum ol One
/ Thousand Dollars ($l 00000l for damages to
4 property in amy one accident, such coverage
4 to be for all transportation vehicles used for
service herein authorized, and shall continue
Iundiminished.
Insurance Or bonds to the amount required
4 in this ordinance shall be in effect during the
] entire time such motor buses are IN operation
4 under this grant.
\ SECTION TX: The Company by the accept
ance of this ordinance hereby grants TO the
7 City and tho City reserves unto itself the right
Il at any time during the life OF this grant or
any renewal thereof upon giving at least six
s SIX months previous notice ~ writing Of Its
/ intentions so To do, to acquire By purchase.
: condemnation or otherwise, the entire property
| Of the Company within the City or elsewhere.
used in or 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 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 10 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 arbi-
traitors to be appointed as follows
! Each party tthe Council acting for the
/ City, shall choose an arbitrator aud the two
choose
and upon failure for FIVE days to agree on the
third arbitrator the Federal District Judge Of
the Southern District Of Ohio Western DIVE
sion or in the event Of his disqualification or
refusal to act, Judge Of the United States
! Court Of Appeals for the Sixth District shall
! appoint said third arbitrator, and said Board OF
! Afbitrators shall make a valuation Of the
property OF said Company which valuation
/ shall be made within thirty days after they
are chosen. The parties choosing an arbitrator
/ shall pay the compensation and expense OF such
arbitrator, and the compensation OF the third
arbitrator together with the eNpense Of the
4 hearing and investigation shall be borne
equally by the parties.
/ WITHIN three months after said value shall
4 have been agreed upon or fixed rs aforesaid, the
/ City of Hamilton shall pay the amount thereof
! to the Company whercupon the City shall be
entitled to have conveyed to 1t and shall be
j given possession Of said property. and any
4 grant conferred upon the Company by this
ordinance shall thereupon cease and determine.
\ The City may refuse 10 be bound by the price
/ ffNed by the Board Of Arbitrators in which
event the City shall pay the cost and expenses
! of said arbitration. including the compensa-
tion 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 main
tenance and operation OF such motor buses by
the Company.
1t 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 lay
I ing of sewers, water, gas or other pipes or
4 lines, or from the necessary repairing of the
same, from any delay that may be caused
\ by fire, or the repair of any street or streets.
/ SECTION XI: The City will not require
I the Company TO pay the City any tax or Zee
based on the gross or net receipts earnings
of the Company, and no city license fee or tax
VII! 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
1 from competition with street railway lines or
motor bus lines which would tend to inter
fere with the profitable and economical opera
tion of the transportation system whole
but this grant shall not be construed as an
exclusive grant for the transpc rtation Of pas
sengers for hire. Nothing herein contained
shall prevent the operation of nterurban
railway interurban buses which do not
carry local passengers whose rides originate
and terminate within the corporate limits of
4 the City The City further agrees that it will
/ SO far within its power lies not permit
during the hours from 5 80 a. m. to II 80 D. 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 pas
sengers within the corporate limits for trans
/ fer to any other connecting interurban lines
situated within the corporate limits.
/ SECTION Kill: 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 reasonable return upon the fair value Of
| the property defined in the Charter of the
| City Of Hamilton, Ohio
Il SECTION XIV Upon failure of the Conn
pany 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 of its
intention to exact forfeiture by reason of
such failure. then and in such event this grant
shall be deemed to have been broken and vio-
lated by the Company and the Council of the
City may at its option thereupon forfeit and
revoke all rights and privileges granted to the
/ Company Hereunder and the same shall there
upon cease and determine. Provided. however,