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

until the causes compelling such change
/ in service shall be removed
SECTION ": The Company may op-
crate additional buses on each and any
of the routes but such additional service
shall not be considered as a part of the
regular schedule on which such route or
/ routes are operated and such additional
/ service shall not be required to extend
| the fun length of such route or routes
SECTION V: The Company shall at
! all times use motor buses of modern
! design-the type to be approved by
! Council-and shall use only buses fully
equipped with safety appliances and
shall maintain the same in good state
of repair and in a clean, sanitary con-
dition and shall in the operation of said
motor buses comply with all reasonable
police regulations of the City and State
The Company shall have the right to
! designate subject to the approval of the
City Manager bus stops and shall have
| the right to equip same with markers,
subject to the approval of the City Man
ager, indicating to the travelling public
where the buses stop. At all designated
stops on the motor bus lines of the
! Company the City shall set aside an
adequate space or zone in which vehicles
shall not be permitted to interfere with
i the bus operation to the end that the
safety, convenience and welfare of the
patrons and public may be safeguarded
SECTION VI: The fare to be charged
and collected 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 firemen of the City
of Hamilton Ohio free when on duty
and while in uniform
SECTION VII: A transfer without ad-
ditional cost shall be issued by the Com
pany at all times to any passenger de-
manding a transfer at the time of paying
such cash fare, from motor bus to motor
| bus, which transfer shall be accepted
when presented by such passenger to
the operator of the next connecting mo-
! tor 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 with
i out paying a second fare. The Company
may make such reasonable regulations
| not Inconsistent with the provisions of
| this ordinance as may be necessary to
prevent misuse of transfer.
SECTION VIII: The Company shall
obtain and file with the Director of FL
nance 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, or bond or bonds of indemnity
| conditioned for the benefit of persons
suffering injury, loss or damage in per-
/ son or property by virtue of the negli-
| gent operation and maintenance of motor
! bus transportation equipment of and by
said Company. Such liability policy or
| policies, indemnity bond or bonds shall
be III the sum of not less than Six Thou
death to any one person, and not less
than the sum Of Thirty-six Thousand
| Dollars ($36,000.00) for the death or in
| jury to all persons affected by any one
accident and not less than the sum of
One Thousand Dollars ($1,000.00) for
damage to property in any one accident
such coverage to be for all transpor-
/ 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
i feet during the entire time such motor
buses are in operation under this grant.
/ SECTION TX: The Company by the ac-
ceptapee 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 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
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 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 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 his disqualification or re-
fusal to act, Judge of the United States
Circuit Court of Appeals for the Sixth
Circuit shall appoint said third 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 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
J whereupon the City shall be entitled tc
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 an6
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
tration, including the compensation Of
the arbitrator selected by the Company
and no further proceedings shall be hat
, under said notice to purchase.
! SECTION X: The Company shall a
: all times save, keep harmless and in
demnify the City from and against an.
and all damages, lawful claims and de
mands for injury to person or propert.
which may be made against the City il
any manner growing out of the main
{ tenance and operation of such moto
: buses by the Company.
I 1t is understood and agreed that th
City shall not be liable to the Compan,
: for any delay that may be caused by tn
q construction or laying of sewers, water
f gas or other pipe or lines or from tn
y necessary repairing of the same, or from
i any delay that may be caused by fire
4 or the repair of any street or streets.
: SECTION XI: The City will not re
+ quire the Company to pay the City an,
e | tax or fee based ON the gross or net re