The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1941-10-10

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
i able and economical operation of the
transportation system as a whole, but
this grant shall not be construed
exclusive grant for the transportation
/ of passengers for hire. Nothing herein
contained shall prevent the operation of
/ interurban railway or 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, so
far as within its power lies, not permit
! during the hours from 5 80 a. m. to
/ 1:30 p. 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
i limits.
SECTION XIII: The City shall have
the right by ordinance to require exten-
sions of plant, equipment and service
and to establish standards of service,
/ ~ -
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 it's part to be performed,
and such failure shall continue for sixty
i days, after written notice to the Com
pany from the City of it's intention to
/ exact forfeiture by reason of such
/ failure, then and in such event this grant
/ shall hp n hlnn nlEarl md
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
| Tor any default of the Company not
within it's control. such as strikes, lock-
outs, 1nsurrectfon 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 so
! notify the Company of its willingness
/ and readiness to contract with the Com
| pany for such extension or renewal at
| least one year before the expiration of
1 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
| 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
! llton, written acceptance of the same
| and when the ordinance shall have been
! accepted by the Company such ordinance
| ana acGeDtance shall constitute a
! tract between the City and the Company
! FOR all the uses services and purposes
set forth in this ordinance and such ac-
ceptance together with the ordinance
shall be deemed an agreement to perform
all and singular the conditions and re-
/ quirements of the ordinance. The Com
pany hereby agrees to provide the neceS-
sary motor buses, and to establish, op-
crate and maintain the local transpor-
tation service contemplated in this ordi-
nance over and along the routes named
IN Section IL of this ordinance, begin
nlng on December 81, 1912, and con-
tlnu1ng without substantial interruption
until the 31st day of December, l947
SECTION XVII: The Company agrees
that 1T Will not transfer assign or in
any manner convey to another any right
privilege or franchise granted by this
ordinance, unless such proposed trans
fer, assignment or conveyance shall have
hrst been submitted to Council together
with request for it's approval, with all
relevant information which Council NAV
require and Council shall have approved
Such proposed transfer assignment or
conveyance, or unless Council shall have
failed to take action either approving or
dlsapproving such transfer, assignment
or conveyance within thirty days after
the Company shall have requested ap-
proval thereof. No transfer assignment
or conveyance of the rights, privileges
and franchise granted by this ordinances
shall be valid until there is filed with
the Clerk a transcript of all minutes.
papers and documents affecting the same
together with transcripts of the applica-
t1on to Council for the approval thereof
and OF the action of Council thereon
SECTION XVIII: Whenever by the
terms OF this ordinance notice is required
70 be given by the City to the Company.
~ may be given by leaving paper writ
ing thereof during the ordinary business
hours at the principal Office in the City
OF Hamilton, Ohio, of the Company
Whenever the Company is required to
give notice to the City it shall do so by
leaving 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 exer-
c1Sed under the provisions of this ordi-
nance, any action necessary thereon and
not otherwise provided for by the charter
or the ordinance of the City, or by this
contract, shall be given by the Council
of the City, unless said Council shall
otherwise direct.
! SECTION Xxx: Each section of this
ordinance and every part thereof is
hereby declared to be an independent sec
tion and parts of sections, and should
any section or provision of this ordinance
be decided by any court to be invalid
void ineffective for any cause the
I same shall not affect the validity and
4 effectiveness of this ordinance as a
whole, or any part thereof other than
that particular section SO held to be in
valid void and ineffective
e SECTION XXI: This ordinance shall
y take effect and be in full force and ef-
e feet from and after the earliest period
!, allowed by the Charter of the City of
e Hamilton, Ohio.
! Passed: October /, 1941
LEO j. WELSH, Mayor