3904 - 40 Grant Cleve Railway Co. right to maintain line

Home Browse Search

Y - 4 - conditions, by use o£ special tickets or otherwise, may become passengers upon any coach on this line at the same fare and upon the same conditions governing their use of such other lines, any provision of this ordinance purporting to de..-.nand of them a higher fare notwithstanding. The privilege of transferring shall be subjects reasonable regulations to be issued by the company concerning the time in which the transfer must be presented and concerning such other matters as will prevent abuse. Provided, hrnrrever, that such regulations shall not be discriminatory in any way against passengers of this line as oompared to the regulations of transfer to or from other lines belonging to or oper- ated by the Company. Policeman and firemen of the City of Lakewood, when in uniform and vrearing their official badge shall be carried free of charge within the City of Lakewood. Any provisions of any ordinance heretofore enacted and granting the Company any franchise or permission to operate motor coaches upon any street or streets in the City of Lakewood which is in any way contradictory of any provision hereof as to rates of fares, schedules, transfers,. persons to be carried without charge, or any other matter is hereby suspended during the life of the franchise or permission herein granted. Provided, however, that nothing herein contained and no such suspension hereunder shall be construed to repel or forfeit any right or power heretofore granted the Company so as to prevent its re-exercise after any cancellation, surrender or termination of the franchise or privilege herein gr~.nted. The rates of fare hereinabove specified shall be construed to be the maximum fare permitted to be charged upon said line. P~othing herein contained shall be con- strued to deny the Company power to reduce or lovrer any fare below such maximum. The Company shall keep separate records of income and expense properly attributable, by approved accounting methods, to this line and such portions o£ its other motor coach lines as are located within the City of Lakewood. Vdhen and if the combined income from this line and such portions of such other lines shall be such as to show a reasonable assurance of profit in excess of six percentum per annum upon the capital reasonably required for operation of said lines and reasonably allocated to them in accordance with approved accounting methods, fares shall be reduced by such amount as shall be possible without reducing such profit below six percentum upor. such reasonably invested and allocated capital. SECTION 6: The Company shall at all times assume full responsibility for the operation of its motor coaches upon the streets of the City of Lakewood and shall indemnify and save the City o£ Lakewood harmless against all claims, de-me.nds, damages, loss and liabilities lawfully arising from injury to persons or property proximately caused by the negligent operation o£ any motor coach of the Company under the terms hereof and against all reasonable cost. and expense to which the City of Lal;ervood may be subjected lawfully or for which it mey be liable in any proceedings at law or in eouity or otherwise, growing out of the operation of motor coaches under this grant. SECTIOiv 7; The City of Lakewood shall not be liable for any damage to the motor coaches. of the Company resulting from afire or from a breakage of any sewer, culvert or waterpipe, or from any defective pavement unless such defect has been reported to the City and it has failed to repair it within a reasonable time after receipt of such notice, nor for any delay in the operation of the motor coaches that may be caused by a fire or by the constructing or repairing of any street or any sevaer or wafter or gas pipe lines or otherwise. SECTIOP? 8: If at any time the Company shall be denied the right or privilege to operate motor coaches over the portion of the route within the City of Cleveland as described in Section One of this ordinance, or if for an;: reason it shall lose or forfeit such right or privilege, or shall fail: to maintain the right and povaer to operate or in fact shall fail to operate motor coaches over the entire route as a continuous operation without change or transfer, or if any material change is made in any portion of the route within the City of Cleveland whether by action of the Company or by requirement of such city, this grant shall immediately terminate upon tiwritten notice from the City of Lakewood to the Company. Any change shall be re- garded as material which removes the route from that specified in Section One by a distance greater than one city block. Provided, however, that no temporary change