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3674 - 37 Grant Lkwd Rapid Transit right to operate line
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3674 - 37 Grant Lkwd Rapid Transit right to operate line
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Last modified
5/14/2013 3:09:23 PM
Creation date
12/20/2005 6:12:29 AM
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Office Of Council
Document Type
Ordinances
Date
12/20/2005
Date Adopted
5/17/1937
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In lieu of the casualty insurance or of the bond or bonds herein <br />provided for the company, at its option, but subject 'to the approval of <br />the director of oublic v;orks and the director of law, may enter into a <br />trust agreement {'~ith an spproved trustee providing for the deposit of <br />suitable securities or collateral to protect the public in the <br />hereinbefore mentioned as to property ds~nage and perso~_~.! injury claims <br />a~rising from the operation of said bus line. <br /> l~o casualty insurmnce, bond or trust agree:uenv shall be cancelled <br />unless tsn days' notice shall ~e given to 'the director of public ~'~orks <br />and in no event sh~ll such cancellation effect any claim~ arising; ~hen <br />s~J_d insurance, bond or trust agreement v,.ere in effect. <br /> <br />SECTION VIII. <br /> <br /> CITY ID~.G~I~IED. <br /> <br /> The company shall at all times assume ful~ responsibility for the <br />operation of its said buses upon the streets of the city 9f LakeWood, <br />and~!~shall Save the city harmless against all losses and l~ability for <br />any and all claims which may arise for injury to persons or property, <br />by reason of the operations o~ the company under the terms hereof. <br /> <br />SECTION IX. <br /> <br /> The city may, at'any time, declare a f6rfeiture of this grant for <br />the violation by the com~oany of any of the terms hereunder, provided th~ <br />none of the terms of thi~ grant shall be deemed to be violated so as to <br />permit of such forfeiture, unless ~he city shall first give written not~ <br />(specifying all grounds on which forfeiture is claimed~ by re,~istered m~ <br />addressed and mailed to its statutory agent, of such violation or viol~ <br />tions, and of ~he city's intention to declare such forfeiture, if such <br />violation or violations continue for a period of thirty (30) days <br />follov~ing receipt by vhe company of said %?ritten notice, e~cept £or fai[ <br />to provide casualty insurance, bond or trust agreement, as provided in <br />section seven hereof, in which event said franclzise shall become void <br />without notice. The coz~pany, in any event, shall not be deer~ed to be i~ <br />default for ~oerformmace of say ~rovisions of 'this grant, nor shall any <br />forfeiture be invoked for any violation or failure to perform any p~ovi~ <br />hereunder due to strikes, labor troubles, threats of violence, boycotts, <br />insurrections, acts of God, or any other causes beyond the controll of <br />the company. Such revocation, however, shall not i~pair the insurance <br />(which includes insurance, bond or zrust agreement mentioned in Article <br />VII hereof) which shall continue in f~ll force and effect until the dis- <br />continuance, of auch service and shall cover all matters occuring %vhile <br />said grant is in full force and effect. <br /> <br /> If for any reason the company shall fail to obtain a right of way <br />for the operation of its buses from the City of Cleveland from the limi~ <br />of the ~ty to the Public Square, then vhis grant shall be forfeited an~ <br />all rights hereunder terminated. <br /> <br />SECTION X. <br /> <br />SPECI~ T~D~ES. <br /> <br /> The city shall not charge or collect from ti~ ~mpany or its emplo <br />during the term of this grant, any charge or license fee of any kind or <br />character for the operation ~' its buses over the streets of the city, <br />the rights granted hereunder. The company shall not be required, durin <br />said term, to pay 82y tax charge or fee for the sweeping an~ sprinkling <br />the streets of the ~ty, removal of snow, nor any paving or street <br />impmovement costs, it being understood that the company is not, at any <br />time, to install or use any trolley lines in the streets of the city. <br /> <br /> <br />
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