The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1941-09-12


tation vehicles used for service herein
authorized, and shall continue undimin-
ished. Insurance or bonds to the amount
required in this ordinance shall be in eff
feet during the entire time such motor
buses are in operation under this grant
SECTION TX: The Company by the ac-
ceptance 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 it's intentions so to
do, to acquire by purchase, condemna-
tion or otherwise, the entire property of
the Company within the City or else
where, used in or useful for the oper-
alton of the local transportation system
within the City The price to be paid
for the property of the local tranSpor-
tation 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 it's option to purchase
said property, shall be agreed upon by
the City and the Company, and III the
event Of their failure to agree the price
shall be determined and fixed by arbl-
traitors 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 Fed
eral District Judge of the Southern Dis
trict of Ohio, Western Division, or in
the event OF MS ulSQualllcdIlOH or re-
fusal to act Judge of the United States
Circuit Court of Appeals for the Sixth
Circuit shall appoint said thirG arbi
traitor, 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 ar
bitrator shall pay the compensation and
expense of such arbitrator, and the COM
pensation of the third arbitrator together
with the expense of the hearing and in
vestigation shall be borne equally by the
parties.
Within three months after said value
shall have been agreed upon or fixed, as
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
determine.
The City may refuse to be bound by
the price fixed by the Board of Arbi-
traitors, in which event the City shall
pay the cost and expense of said arbi-
traton, 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 in
demnify the City from and against any
and all damages, lawful claims and de-
mands 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 laying of sewers, water,
gas or other pipe or lines or 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.
SECTION XI: The City will not re-
quire the Company to pay the City any
tax or fee based on the gross or net re-
ceipts 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 it's power lies, protect the
Company from competition with street
railway lines or motor bus lines which
would tend to interfere with the profit
able and economical operation of the
transportation system as a whole but
this grant shall not be construed as an
exclusive grant for the transportation
of passengers for hire. Nothing herein
contained shall prevent the operation of
fnterurban railway or lnterurban 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 as within its power lies, not permit
during the hours from $50 a. M to
IL 80 y. m. the transportation of pas
sengers by interurban buses whose rides
begin and end within the corporate limits
of the City and Will not permit said
interurban bus lines to pick up passen-
gers within the corporate limits for
transfer to any other connecting inter-
urban lines situated within the corporate
limits.
SECTION NH: The City shall have
the right by ordinance to require extern
of service
and to establish standards of service
subject only to the right of reasonable
return upon the fair value of the prop
erty 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 fore
going grant on its part to be performed
and such failure shall continue for sixty
days after written notice to the Com
pany from the City of it's intention to
exact n 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 it's option thereupon
forfeit and revoke all rights and priv
ilegeS granted to the Company there
under 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 default of the Company not
within its control, such as strikes, lock-
outs, insurrection or act of God
SECTION XIV: In the event the Com
pany should desire an extension or re-
newal 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 extern
sion or renewal of this grant it shall 50
notify the Company of it's willingness
and readiness to contract with the Com
pany for such extension or renewal at
least one year before the expiration of
this grant. Provided, however, that the
failure of the City or the Company to
give such notice shall not constitute a
bar to an agreement being entered into
between the City and the Company for
an extension or renewal of this grant.
SECTION XVI: The Company shall
within thirty 600 days from and after
the effective date of this ordinance file
with the City Clerk of the City of Ham
ilton. a written acceptance of the same
and when the ordinance shall have been
accepted by the Company such ordinance
and acceptance shall constitute con-
| tract between the City and the Company
for all the uses, services and purposes