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HomeMy WebLinkAboutO-00227ORDINANCE NO6 227 AN ORDINANCE AUTHORIZING Tilt MAYOR ,AND THE CITY CLEM OP THE CITY OF MIAMI, ACTING FOR IND ON BEHALF OP SAID CITY, TO ENTER INTO A CONTRACT WITH DADE COUNTY, FLORIDA, W2EREIN AND WHERM A PERPETUAL EASEMENT TWO I#UNDRED AND FIPTEEN (215) FEET WIDE SHALL BE GRANTED TO DADE COUNTY, FLORIDA, P'OR THE PURPOSE, OP BU'ILDiNG A CAUSEWAY AND INCIDENTAL BRIDGES CON- NECTING WITH SAME TO EXTEND PROM THE TOWN OP MIAMI DEAC1t TO THE CITY 0P MIAMI, SAID CAUSEWAY TO DE EUILT UPON A STRIP OP LAND CONVEYS BY' THE TRUSTEES OP THE INTERNAL IMPROVEMENT FUND OF THE STATE 0P FZORIDA TO THE CITY OP MIAMI ON Tilt 21ST DAY OF DECEMBER, 1915, WRICI SAID DEED IS RECORDED IN BOOK 149 OP DEEDS ON PAGE 1, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI, FLORIDA, That the mayor and the city clerk of the City of Miami, acting for and on behalf of said city, be and they are hereby fully author- ized and empowered to enter into a contract with the County of Dade, State of Florida, wherein and whereby the City of Miami, aoting through said officials, shall convey to the said County of Dade an easement or perpetual right of way for causeway, roadway, and highway purposes, which said easement shall be two hundred and fifteen (215) feet wide and shall be located upon and shall cover a strip of land granted to the City of Miami by the Trustees of the Internal Improvement Fund on the 21st day of December, 1915, by a deed which is reoorded in Book 149 of Deeds on Page 1, of the Public Records of Dade County, Florida. And furthermore granting to said County of Dade, State of Florida, an easement over such other lands adjacent to said strip as may be aoquired by the City of Miami which may be needed by the County of Dade in the ereotion and building of said causeway, which causeway obeli extend from a point opposite the Ci ty's Terminal Dock In the City of 1iami, Florida, to a point opposite lote 43, 44, 45, 46, 47, 46, 49, 50, 51, and bk of Ocean Beaoh Addition No. 3, a000rding to map or plat recorded in Book P of Flats and. Page 81, of the Publio Reoorde of Dade Counts r, Florida. And the paid Mayor and City Clerk of the City of Miami are farther - more idly authorized and empowered to enter into ail the strpu atione 1• 1 and agreements contained in a contract dated the lst day of November, A. D. 1916, which said oontraot obligates and binds the said County of Dade to pay the oast of upkeep and maintenance of said causeway, excepting that portion which may be 000upied by the City of Miami after the building of a terminal railway contemplated by it, and which said contract contains a provision authorizing the County of Dade to build a railway to be used for a street car line to extend from the Eastern to the Western end of said causeway with bridges connecting same with the town of Miami Beach and with the City of Miami, respectively, and also fully authorizes and empowers the City of Miami to build a railway for terminal purposes and for the purpose of carry ing freight only to and from any point in the City of Miami to and from any point in the town of Miami Beach over said railway line, and furthermore containing all conditions and reservations relative to the management and control of the railway track to be built by the County of Dade and also of the railway track to be built by the City of Miami, a copy of which said contract, containing in detail all the terms and conditions thereof, is hereto attached marked "Exhibit A" and made a part of this ordinance. STATE OF FLORIDA COUNTY OF DADE: TKIS AGREEMENT, This day entered into by and between the City of Miami, a municipal corporation, hereinafter referred to as the party of the first part, and Dade County, acting by and through its Board of County Commissioners, hereinafter re- ferred to as the party of the second part, WITNESSETR; That the party of the first part, for and in consideration of the doing of the several ants heroin assumed by the party of the second part has granted, bargained, lessoa, demised, 8014, con- voyed., and by these presents dose hereby grant bargain, lease, demise, sell and convey unto the party of the second part and Ste euooessors in trset a perpetual eseement two hundred Fifteen (218) feet wide over the strip of land acquired by the City of Miami from the Trustees of the Internal improvement Fund of the State of Florida, as per deed dated the 21st day of December, A. D. 1915, and reoorded in Book 149 of Deeds on Page 1, or the public feoords of Dade County, Florida, to which reference is hereby made for more specific description, said strip of land extending from the point opposite and east of the City'e terminal dock in the City of Miami, Florida, to a point opposite and west of the property conveyed by Ocean Beach Realty Company to The Southern Bank & Trust Co., as trustee for Dade County, Florida, which said property is de- scribed as follows: Lots 43, 44, 45, 46, 47, 48, 49, 50, 51, 58, of Blook 111 of Ocean Beaoh Addn. No. 3, being a sub -division of parts of tractional 'motions 3 and 4 of township 54 south of Range 42 East, and part of traotional section 34 in township 53 south of Range 42 East, a000rding to the plat thereof recorded in Book 2 of Plats at Page 81, of the Publio Reoords of Dade County, Florida, together with all oammon law riparian rights thereto belonging, said property now being within the corporate limits of the town of Miami Beach. Also a perpetual easement 40 feet wide at the Eastern ex- tremity of Riokmers Street upon and over said street, which said easement shall be used for a landing or abutment for the Western end of the bridge which may connect the City of Miami with the Western extremity of the said. causeway. Also a perpetual easement of a sufficient width to properly build and oonstruot a causeway that shall be 100 feet wide at the top, to be built in accordance with the plans and specifications submitted to the Board of County Qommisaionera and approved them, over amy other lands along the route of said causeway that the City of Miami nay hereafter acquire• The easement herein and hereby conveyed by the party of the first part to the party of the second part is for the fol- lowing purposes, to -wit: for roadway, highway, causeway, and bridge purposes, and hereinafter more speoifioally designated; And the said party of the first part, in the execution of this instrument, furthermore grants, bargains, sells and con- veys to the party of the second, part all sand, rook and dirt that has accwmulated or been planed in said right of way, whioh said material, or so much thereof as may be needed the party of the second part obligates and binds itself to use in the build- ing of such causeway, roadway, bridge, eto., as hereinafter more tally set forth and defined. It is furthermore distinctly understood and agreed that the causeway, roadway, or highway to be built by the party of the second part, together with any bridges that may become necessary in the construction of said causeway for the purposes of bridging navigable ohannels or for the purpose of oonneoting said cause- way, highway, or roadway with the shore of either side of said Bay, shall be held as a perpetual trust by the party of the second part for the free use of the public as a highway or public roadway between the City of Miami and the town of Miami Beach; Provided, however, that the party of the seoond part is hereby given permission, and hereby obligates and binds itself, to build an iron or steel railway track along the roadway► or cause- way and bridges that may be built upon the premises herein grant- ed, over whioh said iron or steel railway track shall be operated, as hereinafter provided, a street oar line, over whioh said street oar line the party of the second part and its suooessors in trust shall have furl authority and o patrol, subject to the limitations and restrictions herein contained. And the said party of the soon d part, upon the oo pletiou of the said iron or steel railway track, as aforesaid, to be built over said causeway, roadway, and bridges, constituting a part thereof, hereby obligates and binds itself to use its best endeavors to arrange and enter into a oontraot with snye indi- t idttal, oo.partnership, or corporation, to operate sufficient oars to be driven by gasoline, electricity, or other satistaot- ory motive power, for the purpose of conveying passengers over said railway, it being distinctly understood and agreed that the County shall be entitled to charge and receive upon compensation from the traction company who shall operate said oars, as above designated, for the use of the county's railway track as it may deem advisable and as may be fixed and determined by the terms of any contract that may hereafter be entered into between the party of the second part and each traction company. That the City of Miami shall have police control over said bridge or oanseway to the City limits of the City of Miami, and the town of Ocean Beach shall have police control over said bridge or causeway within its corporate limits. That in the event any individual, co -partnership, or corpora- tion shall enter into any oontraot with the party of the second part for the purpose of operating oars in the transportation of passengers over the aforesaid county railway track ofer said causeway and bridges connecting therewith, as aforesaid, then, in such event, a clause shall be inserted in said contract to the effect that the fare charge by said corporation shall not exceed ten vents (14) for one passage, whioh passage shall include the transportation of one person from any point in the City of Miami reached by the railway line of the £ndividnal, ao-psrtnerebip, or corporation to whom said permit may be granted, to any port in the tom of Miami Beach to Which said line my be built or from any point is Miami Beach to any point in the City of Miami; pro- vided that all children under five years of age, when accompanied by a person paying fare, shall be carried free, and provided f�. further that this proviso shall apply to all extensions of the company's track made within the present oorporate limits of the Oity of Miami or the town of Miami Beach. That no person, firm, or oorporation shall be eligible to hold said franchise and to operate a street oar system over said railroad to be built by the county, as aforesaid, over the right of way herein and hereby granted, from the City of Miami to the town of Miami Beach, or from the town of Miami Beach to the City of Miami unless said individual, co -partnership, or oorporation shall, within one year from date of the letting of contract to him, them, or it, obtain a franchise to operate in the City of Miami and obtain, acquire, lease or build a connecting line ex- tending from some point on Twelfth Street in the City of Miami, Florida, East of the Florida East Coast Railway right of way, to the Western terminus of said causeway or bridge, or the western terminus of the bridge that may oonneot_said causeway with the West Shore of Biscayne Bay. No person, firm, or oorporation shall be eligible to hold such permit unless said person, firm, or oorporation shall obtain or enterinto a valid and binding agreement to apply for and ob- tain a franchise to operate a street railway system in the Town of Miami Beaoh and shall build or construct a railway track of sufficient strength and permanency to oarry suoh oars as will be needed and used.on said oausewayy upon said line to be built by the County, within one year from the signing of said contract, whioh said line to be built by said person, oo-partnership, or oorpora. tion, as aforesaid, shall, be built over auoh streets and to such points ae may be required in the franchiee that may be granted by the Town of Miami Soaoh to shah portion, firm, or oorporation. Said company to whom said permit shall be granted, ae afore- said, shall, at the time of the granting of edit permit, ,farter- more enter into a valid and binding oontraot to transport passengers during the period by said franchise to operate oars over the railway traok to be built by the party of the seoon& part, to the effeot that he, they, or it, their euooessors and assigns, will transport passengers (ohildren under five years of age, who shall ride free as herein provided, alone exoepted) from any point in the City of Miami to any point in the town of Miami Beaoh reaohed by the line or lines of said individual, oo- partnership or oorporation, for a fare of not exceeding ten Dents (10¢) per passenger: Provided, however, that should the permit to operate said electric or gasoline oars, or oars to be operated by eolte other motive power, for the purpose of transporting passengers over said causeway, as aforesaid, be let to the present Miami Eleotrio Railway Company or the oompany owning the linen now used for street oar purposes in the City of Miami, then, in such event, in order that there may be no oomplioations under the con- tract, entered into between said Railway line and the City of Miami, one half (}) of said ten oent (10¢) fare shall be con- strued to be, and oharged and credited as such, as a fare for the carrying of passengers within the city limits of the City of Miami. The party of the first part reserves the right, and the party of the second part hereby grants same, to build for term- inal purposes a railway line aoross said causeway; but, in su.oh event, it shall build and maintain at its own expense that por- tion of the bridge or bridges over which said railway line shall be operated, and shall not use any part of the bridge or brides connecting the several portions of the causeway or oon- aeoting the town of Miami Beach with the oauseway or the City of Miami with the causeway as a part of its right of way. The City shall not use such railway for the transportation of passengers, and all inoome derived therefrom shall be retained an& disposed of by the Oity of Miami as it may deem proper. The party of the seoond part, in signing this agreement, hereby renounces and relinquishes all olairns of whatsoever oharacter in and to the earnings of such railway should. same be built by the City of Miami; and in such event, the party of the first part shall keep up and maintain said railway and that por- tion of the causeway upon whioh same is situated. The party of the second part shall use the moneys received by it from the individual, oo-partaership, or corporation operat- ing the trolley, eleotrio or gasoline oar servioe over the track owned by the party of the second part, across or over said cause- way for the purpose of paying the principal and interest on the bonded indebtedness whioh may be oreated by Dade County, Florida, for the purpose of paying for said causeway and the bridges, fills, roadways, and iron or steel traok in connection therewith, or in paying for the up -keep and maintenance of said causeway and bridges. At the time of the execution and delivery of this oontraot, it is distinctly understood and agreed that a deed has been executed by The Ocean Beaoh Realty Company to The Southern Bank & Trust Com- pany, as trustee, oonveying the fee simple title to a traot of land about three hundred feet deep by about five hundred feet long in the oorporate limits of the town of Ocean Beaoh and along the shores of Bisogyne Bay, together with such common law riparian rights as may be appurtenant thereto, which said property Shall be conveyed by the Southern Bank & Trust Company to Dade County, Florida, ae soon as said causeway is Oompleted, St is furthermore distinctly understood and agreed that the County of Dade i1 all grant to the City of Miami a perpetual ease. must for publio dock purposes covering one halt or all of said strip of land deeoribed in the deed so deposited with the Southern Bank 4 Trust Company, us aforesaid, save and oxoept a strip cue hundred feet wide used by the party of the second part as a terminal or landing for the causeway or bridge connecting said causeway with the town of Miami Beach. That the City of Miami shallhave absolute control over that portion of said property to which said easement shall be granted without any objection or hinderanoe on behalf of the party of the second part; and the party of the aecond part shall have absolute control of the remainder of said property not used for terminal purposes in connection with the causeway, as afore- said. And the party of the second part, in executing this contract, hereby obligates,and binds itself to build a causeway over the easement herein and hereby granted to it in a000rdanoe with plans and speoifioations already prepared and approved, allowing full lee -way for such amendments or alterations as may be deemed neces- sary from an engineering standpoint and as may be required by the United States Government; and, in building said causeway and the bridges connected therewith, the party of the seo and part obli- gates and bind itself to use every reasonable preoaution to pro- tect the basin lying East of the City's terminal dock and the ohannela connecting same, from injury or obstruction, and to so construct said causeway as to prevent same from being an injury or impediment to navigation between the City's gook and the west aide of Biscayne Bay along the channel now being dug by the City of Miami. The party of the second part furthermore obligates and binds itself to begin work on paid causeway within two years from the date hereof and to have name completed within five years from the date hereof; and, after the completion of said causeway, to matn- taix and keep came in reasonably good repair and condition; amd, is the event the party of the second part shall fail to comply with the last paragraph above recited with reference to time of r a r u i�:t• �•x � rj�«, beginning and completing said oauaeway, and to the maintenanoe and upkeep thereof, then, in each event, the easement herein and hereby granted shell be terminated end shall beoome null and void; and all rights herein and hereby granted shall immed- iately revert to the City of Miami. It is furthermore distinctly understood and agreed that the oounty shall have the right to grant to the oompany operating the oar line over the oounty's track to parry freight to and from any point in the City of Miami and to and from any point in the Town of Miami Beach until the City shall have built and completed the terminal road herein provided for; provided, however, that the county shall fix the rates to be oharged for oarrying such freight unless same shall be fixed and established by the railroad com- mission of the State of Florida; and'said rates shall be inoor- porated in the oontraot entered into between the County of Dade and the traction oompany operating said oars as aforesaid, and the county shall have the right to charge such reasonable oom- pensation as it may be proper for the use that as soon as the City shall build and complete the railway line oontemplated by it, as herein provided, for terminal purposes and for the purposes and for the purpose of carrying freight, then, in ouch event, the right to oarry freight over the county's line shall immediately terminate; and thereafter the railway line built by the oouaty shall be used exclusively for the purpose of carrying passengers. In Testimony Whoreof, witness our hands and seals on this the first day of November, A. D. 1916. I'A66ED AND ADOPTED this 9th a53► of November, A. D. 1916. tIVTE BOON 8 - PAGE 470. 40*