HomeMy WebLinkAboutR-01552A RBBOWPIOR BY TSE CITT COMMI88IOl ; O!
THE CITY or mum, FLORIDA, AUTHORISING
AND DIRECTING TIE CITY MANAGER TO ENTER
INTO THAT CERTAIN AGREEMENT BY AND BE
TWEEN THE CITY OF MIAMI, A MUNICIPAL
CORPORATION AND THE MIAMI BEACH RAILWAY
COMPANY, A FLORIDA CORPORATION.
Y. : - - r _- - - .Y- «Y , - - -
BE IT RESOLVED,BY THE CITY COMMISSION OP TSE
CITY OF MIAIiMI, FLORIDA:
•
That the City Manager, F. H. Wharton, be and he is
hereby, authorized and directed to sign, execute and deliver
on behalf of the City of Miami, the said agreement by and
between the City of Miami, a municipal corporation of Florida,
and The Miami Beach Railway Company, a Florida corporation,
which agreement and terms and conditions are as follows:
THIS AGREEMENT, entered into this 17th day of July,
1924, by and between the City of Miami, Florida, a municipal
corporation, (hereinafter called the City) the party of the
first part, and The Miami Beaoh Railway Com any, a Florida
corporation (hereinafter called the Company party of the second
part:
WHEREAS, the City of Miami is the owner of certain
electric street railway tracks, facilities and other equipment,
now existing or under course of conatruotion, in the City of
Miami, Florida; and
WHEREAS, the City of Miami may desire tomake or pro-
cure, extensions and additions to said electric railway lines,
facilities and equipment from time to time hereafter; and
WHEREAS, the City of Miami is desirous of providing
for the adequate operation and maintenance of said electric rail-
way lines, facilities and equipment, by parties experienced in
such operation ana maintenance and under such terms and conditions
as will permit and provide for improved street railway service
to the citizens of Miami, Florida, and for increasing financial
benefits to the City of Miami as additional revenue brought about
by such improved service shall cause the financial results from
the operation of the system to improve; and
WHEaE4S, The Miami Beao
under certain franchise rights over aCpbkfailKtest
MEETtidG OF
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perates
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in the City of Miami and is the owner of an eleotrio strait'
railway system situated in territory contiguous to the City
of Miami, and
WHEREAS, said The Miami Beach Railway Company haft''.=
recently been acquired by interests of adequate financial
responsibility and of large experience in connection with
street railway operations; and
WHEREAS, said The Miami Beach Railway Company is
willing to enter into an agreement under which it binds itself
to operate and maintain the electric street railway system
owned by the City of Miami, under terms and conditions which
may be modified from time to time by agreement or arbitration
and to save harmless the City of Miami from or on account of
accident or damage resulting from said operations all as more
particularly hereinafter provided;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:-
That
and agreements
follows:
for and in consideration of the mutual covenants
herein contained, the parties hereto agree as
1.
The Company agrees
1. To promptly provide and install, or cause to
be provided and installed, a substation equipped with adequate
machinery and equipment, for the furnishing of direct current
electric power for the operation of the street railway system
in the City of Miami, herein referred to. Such sub -station shall
be located in the City of Miami, and such additional substation
capacity as may be required from time to time hereafter as the
street railway system is extended or a: additional service is
required on the present system, shall be provided by the Company.
2. To promptly provide and install, or cause to
be provided and installed, the proper and necessary machinery
and equipment for the r:.pair of rolling stock and trackage.
Additions to said shop equipment, as required from time to time
hereafter, shall in like manner be provided, as the same may be-
come necessary, during the life of this agreement.
6. To operate and maintain, depreciation excepted,
the present street railway system and the extensions hereof,
now under course of construction, including the rolling stock
ana all property and equipment owned by the City, except paving,
delivered to the Company for the purpose of such operation and
maintenance as hereinafter provided.
4. To maintain schedules and headways as may be
necessary for the proper han alin of traffic insofar as the
facilities ana equipment provided, by the City will permit.
5. To fully and completely indemnify ana hold harm-
less the City from all loss, cost, damage and expense of any kind,
whether to property, life or limb, caused by the operation or the
maintenance by the Company of said street railway system as in
tnis agreement provided, and at it's own cost and expense ana
without cost or expense to the City to defend all actions or
suits of any kind which may be instituted or brought against the
City by or on account of damages of any kina arising out of
such operation or maintenance, ana to pay off, discharge,anu.
satisfy any judgments, including the cost and expense thereof,
which may be had or recovered against the City,on account of
any claim or damage so arising and upon the payment of any suoh
judgment, post or expense by the City, the Company shall at once
owe to the City the amount so paid and the same shall be immedi-
ately due and payable by the Company to the City, providing that
nothiug in this paragraph or in this agreement shall make the
Company responsible, for any loss, cost, damage or expense due
to or arising out of the negligence of the City or of represent-
atives, agents or employees of the City, and provided farther
that the Company shall not be responsible for any claim for
damage of any kind made against the City due to or arising out
of the operation or maintenance of said street railway system
unless the Company be notified of the same by the City as soon
as oircumstanoes permit and given the right to adjust, compromise
or otherwise settle the same, and in case of suit, nnlgsa given
the right to appear by it's counsel, either alone or in conjunc-
tion with the City Attorney in defense of said suit.
6. To return to the City the following sums from the
Annual Gross Earnings of the said street railway system the
balance of suoh Annual Gross Earnings being the consideration
for which the Company agrees to perform it's obligations under
this agreement.
From July let, 1924, to June 30th, 1925, (said latter
date being the end of the period for which the Company
has succeeded to the agreement previously made with
the Company's predecessor in interest), the amount
provided for in said agreement, namely - - - - $12.00
From June 30th, 1925 to December 31st, 1925 - - $1250.00
For the Year 1926 ,25OU.00
For the Year 1927 - - --$3500.00
For the year 1928 - - $4500.00
For the Year 1929 $5600.00
7. To operate and maintain extensions of the City's
street railway system not now approved and in course of oonetruo-
tion, as such extensions hereafter may be made or be caused to
be made by the City, under conditions to be mutually agreed upon,
subject to arbitration, as to a reasonable and proper basis for
such operation ana maintenance. Such agreements shall be entered
into whenever the necessity may arise from time to time hereafter,
and thereupon shall become supplementary to this agreement.
8. To furnish to the City, quarterly reports showing the
results of operation of the railway system operated under this
agreement during the.preceeding quarter. These reports shall
show total income from railway operations under this agreement,
together wits corresponaing costs of operation ana maintenance.
The Company will also render periodic reports as to the physical
condition of the City's railway property and will cooperate with
the City's representatives in every reasonable way to provide
the City with all necessary information relative to same. The
Company will suomtt to the City's representatives its plans
relative to substation, repair shop, ana carbarn development and
equipment, and wi1i make available to the proper City Official
ali necessary information relative to the expenditures therefor.
•
11.
The City Agrees
1. To deliver and plane in oharge of the Company the
present street railway system in the.Oity of Miami, together with
the extensions now in oourse of construction, including tracks,
properly bonded, roiling stooks, special work, overhead line
construction, and all other equipment, apparatus and supplieB owned
or held by the City for use in connection with said street railway
system.
2. To replace any portion of the aforementioned property
and equipment when such replacement becomes necessary by reason
of depreciation and/or obsolescence. In the event of differenoe
of opinion between the City and the Company as to the necessity for
any replacement, the matter shall be submitted to arbitration as
herein provided, but if, in the Company's opinion, the condition
of the property, or any part thereof, is such, due to failure to make
such replacement, as to make operation of the same unsafe, the
.Company may, pending the making of suoh replacement, discontinue
operation of the property or equipment in question and property
and equipment dependent for it's operation thereon. If, after
arbitration and finding that a replacement should be made, the City
shall fail to make such replacement forthwith, the Company may
make such replacement for the account and at the expense of the
City.
3. To ',rovide and equip the necessary car barns and other
facilities, (except as provided in Paragraph 2 of Section 1 here-
of), necessary for use in conneotion with the storage and repair of
it's cars and other equipment.
4. To permit the Company to construct on City property
adjacent to the City car barn additional car barn facilities for
the housing ana repairing of cars owned and used by Company in its
interurban and Miami Beach service. It being understood that such
additional car barn facilities shall not occupy said City property
in excess of an area of 40,000 square feet.
5. That upon the termination of this agreement, the City
shall take over and purchase, if the Company shall so desire, the
then existing substation, inoluding lands, buildings and equipment,
and the then existing shop equipment, as hereinatove referred to,
at a price to be mutually agreed upon, subject to arbitration,
and the Company shall have the right to remove the car barn facili-
ties furnished by it as herein provided unless the City wishes
to purchase same at it's then fair value as determined by apprais-
ors jointly selected.
6. That if upon termination of this agreement it shall
undertake the operation of said railway system Company shall be
given the opportunity to submit a proposition for the furnishing
of power for such operation and shall have the preference upon
an equal basis of cost as against the operation of City's own power
plant or the purchase by the City of power from other sources.
It is mutually agreed:
1. This agreement is for a term of 30 years
after July lst, 1924, subject, however, tocancellati
30th, 1934, anu/or upon June 30th, 1944, upon twelve
written notice of either party to the other, of its
from and
on on June
months prior
intention
to so oanoel and terminate this agreement.
2. The present Five (50 oent sash fare for a dingle
oontinuous journey by the shortest practicable route between any
two points within the prevent oity limits on the lines operated
hereunder, together with the present transfer arrangements thereon,
shall be maintained until December 31st, 1925; and thereafter,
unless and until, either party having first given written notice
to the other within Thirty (30) days after the close of the
previous calendar year, such fare is increased and/or transfer
conditions changed by mutual agreement, subject to arbitration.
3. At the end of the year 1929, and at the end of each
Five (5) year period thereafter, dating therefrom, the amount
of money to be annually returned to the city from the gross earnings
of the street railway system, shall be subject to adjustment by
agreement between the parties hereto, subject to arbitration,
provided, however, that if at any time, the rate of fare is ad-
justed as hereinbefore provided, that at such time either party
hereto may require that as a partof such adjustment the sums of
money to be returned annually to the city from the gross earnings
of the street railway system shall also be subject To adjustment
at the time and in the manner, namely by agreement subject to
arbitration, provided for in connection with the adjustment of the
rate of fare to be charged.
4. Whenever arbitration is resorted to under this agree-
ment each party shall thereupon appoint two qualified representa-
tives, and the four so selected shall select the fifth arbitrator,
and a decision or a majority of such board of arbitration shall
be final and binding upon both parties. In the event that the four
arbitrators appointed by the parties hereto fail within ten days
of their appointment to select a fifth arbitrator, then such fifth
arbitrator shall be appointed by the Judge of the United States
District Court for the district in which the City is situated.
5. The company is the owner of a certain franchise (copy
of which is attached hereto and marked Exhibit A) extending to
August, 1944, covering the right to operate and maintain and inter-
urban street railway system within the City of Miami, Florida,
between the points and over the streets therein designated and
fixing the rate of fare that is to be charged therefor, as well
as a certain contract ( copy of which is attached hereto and
Marked Exhibit B) and sated April 4, 1919, to use certain track-
age within the City of Miami for the operation thereover of cars
ana that nothing in this agreement contained shall be considered
in anywise to affect any of the rights ana privileges pf the
Company, its successors and assigns, under the terms of said
franchise known as the City of Miami Ordinance No. 295, or under
Baia contract of April 4, 1919; provided, however, that all sums
due or hereafter payable under said contract of April 4, 1919,
for such right ana use (except for any perioa of time after the
expiration or termination hereof) shall be considered as merged
into and covered by tie payments provided for in Paragraph 6 of
Part 1 ana Paragraph 3 of Part 111 hereof.
6. This agreement shall be subject at. all times to the
general regulatory powers granted by law to any state railroad
or public utility commission having jurisdiction.
IN 4ITNESS :iIMiEOF the parties hereto have hereunto
"SUPPORTIVEDOCUMENTS OVA
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ATTEST:
Secretary
Witnesses as to The Miami
Beach Railway Company
EXHIBIT ".A"
AN ORDINANCE GRANTING TO MIAMI BEACH
ELECTRIC COMPANY, A CORuPORATION ORGANI Z D
AND EXISTING UNDER THE LAWS OF THE STATE
OF FLORIDA, HEREINAFTER CALLED THE GRANTEE
THE RIGHT TO OPERATE AND MAINTAIN AN INTER:
URBAN STREET RAILWAY SYSTEM WITHIN THE CITY
OF MIAMI, FLORIDA, � BETWEEN THE POINTS AND
OVER THE ST. STREETS TS HEREINAFTER R DESIGNATED,
AND FI2ING THE MT. 0F FARE THAT IS TO BE
CHARGED BY SAID COMPANY, AND PRESCRIBING
OTHER RULES AND REGULATIONS GOVERNING THE
CQNDUCT, OURATIQN AND MAINTENANCE OF SAID
COMPANY.
DE IT ORDAINED BY THE CITY COUNCIL oF T1TE CITY OF MIAMI, FLORIDA.
Section 1. That the Miami. Death Electric Company, 4
"SUPPORT
DOCUMENT,:
corporation, its suooeseors and assigns, hereinafter termed the
Grantee, are hereby granted the right, privilege and franchise
to equip, operate and maintain a street or interurban railway
system over the electric lines of the street railway already built,
or that any hereafter be constructed by the Miami Traction Company,
extending from the point where Avenue "C" intersects Twelfth
Street in the City of Miami, Florida, and extending over ana along
the railway track of the Miami Traotion Company, and along and
through Avenue "C" and Riokmer Street and such other public
streets as may intervene between said Riokmer Street and the
Western extremity of the Causeway now in process of construction
over Biscayne Bay, and over so much of said causeway as is now
situated in the corporate limits of the City of Miami, Florida.
The Grantee herein is also fully authorized and empower-
ed to enter into a contract with the Miami Traction Company for
the oonstruotion of a suitable railway track from the point where
Avenue "C" intersects Twelfth Street in the City of Miami, Florida,
eastward to the point where the center line of the street which
runs through Block 120 North and Block 127 North of the City of
Miami, Florida, extending from immediately in front of the Royal
Palm Hotel to Twelfth Street, and running in front of the Presby-
terian Church, shall intersect the center line of Twelfth Street.
The Grantee herein shall also be fully authorized and em-
powered to enter into a contract with the Miami Traction Company
for the construction of a street railway track extending from the
point where Avenue "B" in the City of ?Miami, Florida, intersects
Twelfth Street in the City of Miami, Florida, Northward to the
point where Avenue "B" is intersected by Tenth Street; and to also
construct, install ana equip an electric railway track extending
from the point where Tenth Street intersects Avenue "B" in the
City of Miami, Florida, Westward to Avenue "C" and connect with
the electric railway line owned by the Miami Traction Company
upon Avenue "C".
The Grantee herein is.also fully authorized and empowered
to contract with the Miami Traction Company for the installation
of a "Y" at the intersection of Avenue "B" ana Twelfth Street in
the City of Miami, Florida, so that cars may turn from Avenue
"B" Eastward towards the Bay or Westward toward Avenue "C".
The Grantee herein is also fully authorized and empowered
to enter into a contract with the Miami Traction Company for the
erection, construction ana equipment of an electric railway line
to extend from the present lines owned and operated by the Miami
Traction Company Eastward down Rickmer Street to the Western
extremity of the Causeway now in process of erection across Bis-
cayne Bay.
In the event the Miami Traction Company shall have no
franchise covertly: tnat portion of Twelfth Street which extends
from Avenue "C" to the Avenue which intersects Blocks I2u ana 127
North aii,J extends from in front of the Royal Pal,f1 Hotel through
the blocks aforesaid in front of the Presbyterian Church to the
center of Twelfth Street; ana in the event that said Miami
Traction Company shall have no franchise which authorizes and
empowers it to build, equip and construct an electric railway line
aown Avenue "B" from Twelfth Street to Tenth Street ana from the
point where Avenue ".B" intersects Tenth Street Westward to Avenue
"C", and in the event that the Miami Traction Company shall have
no franchise which authorized it to construct and equip an electric
railway line extending from Avenue "C" down Riokmer Street
to the causeway, then under such circumstances, the Grantee
herein is hereby granted full power and lawful authority to
construct an electric railway line which shall extend as
aforesaid from the present terminus of the Miami Traotion
Company's line on Twelfth Street East of Avenue "C" Eastward
along Twelfth Street to the point where it will be intersected
by the center line of the street which runs North and South
through Blocks 120 and 127 North as aforesaid; and the Grantee
herein is also fully authorized and empowered to build and
construct an electric railway line extending Northward from
the point where Avenue "B" intersects Twelfth Street down
Avenue "B" to Tenth Street; and also to construct and equip
an electric railway line extending from the point where Avenue
"B" intersects Tenth Street Westward to Avenue "C"; and also
to construct ana equip, in the event the Miami Traction Company
is not authorized to construct and equip same, a "Y" at the
point where Avenue "B" intersects Twelfth Street, which said
"Y" shall consist of the line already provided for, running
East ana West along Twelfth Street, with a line extending there-
from into Avenue "B", running from the East side and also from
the West side of Avenue "B", as aforesaid, so that cars may pass
from Avenue "B" Eastward upon Twelfth Street or Westward upon
Twelfth Street. In the event the Miami Traction Company is not
authorized under its franchise to construct an electric railway
line from Avenue "C" along Riokmer Street to the Western end of
the causeway, then under such circumstances, the Grantee herein
is fully authorized and empowered to construct an electric rail-
way line extending from Avenue "C" along Rickmer Street to the
West end of the causeway. The Grantee herein is also hereby
fully authorized ana empowered, in the event the Miami Traction
Company has no franchise over Riokmer Street from Avenue "B" to
the causeway, to construct and equip an electric railway line
extenaing from the Western end of the causeway along Riokmer
Street to Avenue "B" and to connect with the line of the Miami
Traction Company at said place.
Section 2. - In the event that the Miami Beach Eleotrio
Company shall build any trackage under the terms of this franchise,
in any portion of the City of Miami, Florida, herein and hereby
especially designated, then under such circumstances the Miami
Beach Electric Company shall comply with all the terms, conditions,
limitations, requirements and restrictions imposed upon the
Miami Traction Company in the erection, construction, installation
and equipment of railway trackage in the City of Miami, Florida,
including all obligations imposed upon the Miami Traction Company
to repave any ana all streets that may be torn up between the tracks
ana on eituer side thereof and including the character track of
railway line to be installed, and every other requirement and
condition imposed upon the Miami Traction Company in the construc-
tion of the lines.
Section 3. - This franchise shall not become effective
until tne Grantee herein shall have made satisfactory arrangements
with the Miami Traction Company to operate its cars over the
railway lines owned by the Miami Traction Company, or until said
Miami 3each Electric Company shall have established a legal right
to operate over the railway lines of the Miami Traction Company
in accordance with tne provisions of the franchise heretofore
granted by the City of Miami, Florida, to the Miami Traction
Company.
Section 4. - The Grantee herein is also fully authorized
a:l_. empowered to enter into a contract with the Miami Traction
Company to erect poles for the ourppse of carrying the eleotria
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:.JCUIvIENTS
r'PORT
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wire that will be used for the purpose of donveying the eleotri-
oity whioh is to propel the oars owned by the Grantee herein
along the following streets, to -wit:
Along Avenue "C" from Rickmer Street South to
Twelfth Street;
Along Twelfth Street Eastward to the point where
the center of Twelfth Street is intersected by the
center of the street which runs North and South through Blocks
120 and 127 North of the City of Miami, Florida, in front of the
Presbyterian Church, as aforesaid;
Beginning again at the intersection of Avenue "B" and
Twelfth Street and running North to the point where Tenth Street
intersects Avenue "B"; thence along Tenth Street to Avenue "C".
Beginning again at the point where Rickmer Street inter-
sects Avenue "C" in the City of Miami, Florida, and extending
Eastward along Rickmer Street to the causeway now in process of
construction as aforesaid.
Section 5. In the event the Miami Traction Company is
not granted the right under its franchise to erect poles for the
purpose of carrying the trolley wires as aforesaid along any
one of the streets aforesaid, then under such circumstances the
grantee herein is hereby granted full power and lawful authority
to install poles for such purpose along any one of the streets
within the limitation above designated; but in such event the
Grantee shall, in erecting said poles, comply with all the terms
and conditions, restrictions and limitations contained in the
franchise granted to the Miami Traction Company.
Section 6. In the event that the Grantee herein shall,
in its own behalf, or in the name of the Miami Traction Company,
erect any poles along Twelfth Street, said poles shall be of
steel or iron and tubular in shape, and shall be of such construc-
tion that ornamental lights may be attached thereto by the City
of Miami, Florida; provided, however, that in the event the City
of Miami or any person acting by, through or under authority from
the City of Miami, shall attach ornamental lights to such poles
or to any poles on Avenue "C" erected by the Grantee or the Miami
Traction Company, then in such event the City of Miami or any
person acting by, through or under authority from the City of Miami
shall nay one-half of the cost of erecting said poles to the Grantee
herein or to the Miami Traction Company, as the case may be, it
being the intent of this provision that the Company erecting said
poles shall be reimbursed to the extent of 503 of the cost thereof
and 50jo of the cost of maintenance thereafter, in the event said
poles shall be used for the purpose of affixing ornamental lights
for the purpose of illuminating the streets of the City of Miami,
(steel poles shall be erected upon Avenues"B" and "C" and upon
10th Street in the City of Miami should the Grantee herein install
an overhead trolley system.)
Section 7. The Grantee herein shall have the right to
park its cars upon that portionof the railway line to be hereafter
constructed upon Twelfth Street East of Avenue "B" provided, how-
ever, that no car shall remain parked at any one time upon said
spur track for a period longer than ten minutes. The motive power
to be used in propelling the cars to be used and operated by the
Grantee herein over the lines of railway covered by this franchise
within the City limits of the City of Miami, Florida, shall be
other than steam or animal power.
Section 8. Tne Grantee herein, except as herein provided
I''SUPPORTIVE
Fr.
shall have no right to build or construct additional trackage
within the corporate limits of the City of Miami, Florida, or
to make excavations or alterations in any of the streets or
highways embraced within the corporate limits of the City of
Miami, Florida. Nothing herein contained, however, shall
prevent the Grantee herein from making such arrangements as it
may see proper with the Miami Traction Company to install such
additional switches as may be necessary upon any street except-
ing Twelfth Street upon which the Miami Traction Company
may now hold franchise.
The Grantee herein is also fully authorized and empower-
ed, in the event the Miami Traction Company has no franchise
over hickmer Street between Avenue "B" and the Western end of the
causeway now in process of construction across Biscayne Bay to
install in its own right switches along Rickmer Street between
Avenue "B" and the Western end of said causeway; but in such
event said switches shall be constructed in accordance with all
the regulations, requirements, restrictions and limitations
imposed upon the Miami Traction Company in the installation of
switches by said Company.
Section S. In the event gasoline motors are used in
the operation of the Grantee's cars or trains over the railway
as aforesaia, the motors or engines propelling said cars or
trains shall at all times be kept thoroughly muffled and all
necessary noise and disturbance avoided in the operation of said
cars.
Section 10. The Grantee herein obligates and binds
itself to operate an interurban railway system between Twelfth
Street in the City of Miami, Florida, over the lines above
designated, to and over the causeway crossing Biscayne Bay and
extending asfar eastward as Miami Avenue. It furtheriore agrees
and obligates itself to use cars equally as good or better than
those now operated by the Miami Traction Company; to operate
same :with sufficient frequency to accomodate the traveling
public; and to comply with the franchise heretofore granted to
it by tne City Council of Miami Beach, Florida, and with the
contract between the Grantee herein and the Board of County
Commissioners of Dade County, Florida, said cars under no circum-
stances to run at a greater interval than one every hour between
5 A. M. and 10 P. M.
Section 11. The Grantee herein is hereby given the
right to use trailers for the purpose of increasing its carrying
capacity, and is also fully authorizea to operate oars for the
carrying of freight from the City of Miami, Florida, to the town
of Miami Beach, at such times and under such circumstances as
not to interfere with the passenger schedule; provided, however,
cars for the hauling of freight shall not be transported for
the purpose oz being loaded or unloaded further south than Sixth
Street in the City of Miami, Florida.
Section 12. The Grantee herein, in accepting this
franchise and as a condition thereof, obligates and binds itself
to transport passengers from any point within the City of Miami,
Florida, upon Twelfth Street, reached by its lines or from any
point between Twelfth Street and the Western end of the causeway,
or from any point upon said causeway to any point in the Town
of Miami Beach for a rate of fare not to exceed 10 cents per
passenger, provided, however, that children under five years of
age shall be carried free.
Section lb. The Grrznte91, ierein, as a part of the
otr
condition of this franchise and a consideration upon wbioh the
same is granted, shall transport passengers from any point in
the town of Miami Beach to any point in the City of Miami,
Florida, reached by its railway line as aforesaid and within the
territory designated in this franchise, for a rate of fare not
exceeding 10 Cents per paesenger, provided, however, that children
under five years of age shall be oarried free.
Section 14. The Grantee herein shall not do a looal
business, that is, it shall not carry passengers for hire between
any point upon Twelfth Street and the Western terminus of said
causeway, but may pick up passengers at any point between Twelfth
Street and the western end of said oauseway for transportation
across the causeway, or to any point upon said causeway outside
of the shore limits of the City of Miami, Florida.
Section 15. Police officers, while in the discharge of
their duties, shall have the right to ride upon any oar operated
by the Grantee herein without paying any compensation therefor.
Section 16. The Grantee shall provide stops for the
purpose of taking on or discharging passengers at reasonable
and proper intervals and shall provide at least five stopping
points upon said causeway for the purpose of receiving and dis-
chargingpassengers.
Section 17. The Grantee herein, in operating its cars
over the line of the Miami Traction Company and over any lines
that it may construct in its own behalf, shall be bound by all
the rules, regulations, restrictions, reuirements, and conditions
set forth, specified and required in the franchise granted to the
Miami Trantion Company, save and except as to the fare which may
be charged by the Grantee for the transportion of passengers, and
save and except any commis:ions, remunerations, division of pro-
fits or otherwise which may be required of the Miami Traction
Company, wherein and whereby the City ot Miami, Florida, is to
receive any proportion of the earnintis of said Miami Traction
Company.
Section 1S. The life of this franchise shall be co-
existent wit} the life of fr.iichiFe jranted to the Miami
Trantion Company in accordance with the ordinance heretofore
e.acted by the City of Miami, Florida, an a the franchise herein
and hereby granted shall terminate at the expiration of the time
limit Cixed in the franchise heretofore granted to the Miami
Traction Company.
Section 19. In the event the City of Miami shall here-
after build a railway line across Biscayne Bay along or over the
causeway, then in such event, upon the completion of said railway,
the rif7ht of the iarn1 Beach Electric Company to haul freight
over its line s all terminate.
Section 20. The Miami Beach Electric Company shall,
within 90 days from the date that this ordinance shall become
effective, as a valid ordinance if the City of Miami, furnish a
!Toad an(,. suficient bond in the sum ol Ten Thousand Dollars
(10,000.00) conditioned upon the Company's carrying out all ob-
ligations imposed upon it in accordance with the terms and condi-
tions of the franchise herein and hereby granted, and further
conditioned to indemnify and hold harmless the City of Miami,
Florida, free of claims and judgments for injuries to persons
and property occasioned or arising out of the operation of that
part of its street railway lying within the city limits of the
City of Miami, Florida.
Section 21. The Grantee herein and its assigns in the
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event the Miami Traction Company should desire to use any new
traok or tracks, "Ps" or Switches Which may be built by the
Grantee herein, located within the City of Miami, Florida, and
West of the Western end of the terminus of said causeway, agree
that the said Miami Traction Company shall have such right upon
paying to the Grantee herein named a reasonable charge for the
use of the track or tracks, "T's" or switches, which said reason-
able charge shall be agreed upon between the Grantee herein, its
successors and assigns and the Miami Traction Company, its
successors and assigns, and in case of the failure or inability
to so agree, all points in dispute shall be submitted to arbitra-
tion, the Grantee to select one arbiter, the Miami Traction Co.
to select another, and the two so selected to chose a third, who
shall act as umpire, and said board of arbitration, so selected
as aforesaid, after giving both parties an opportunity to be
heard, shall make an award determining the issues in dispute,
which said award shall be final and binding upon both parties,
and shall be made a rule of court in accordance with the statutes
of the State of Florida. The arbiters so chosen shall be wholly
impartial and aisinterested and in sofar as is practicable, be
men conversant with the subjeot matter, and shall before pro-
oeeding with their duties, take an oath to fairly and impartially
adjudge the differences between the Grantee herein and the said
Miami Traction Company, and shall have authority to make any
rule with reference thereto which may be suitable and shall have
to right to determine all questions in dispute.
Section 22. As a condition precedent to this franohise
becoming effective, the City of Miami reserves the right and
the Miami Beach Electric Company hereby grants to the City of
Miami the right to buy all that portion of the electric railway
line which may be constructed by the Grantee herein or owned by
the Miami Beach Electric Company during the life of this fran-
chise within the corporate limits of the City of Miami, Florida,
together with all its interest in the property of the Company
situated within said City, and all their interest in the rights
herein and hereby granted to own or operate a trolley or railway
system in Miami, Florida; the right herein and hereby reserved
to become effective upon the expiration of this franchise in
accordance with Section 1016 of the Compiled Laws of the State
of Florida.
Section 23. This ordinance shall be submitted to a vote
of the qualified voters of the City of Miami, Florida, ana the
rights herein and hereby granted shall become in full force and
effect as soon as same shall have been approved by a majority
vote of tie citizens of Miami, Florida.
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PASSED tom; ADOPTED this the 3ra day of July, 1919.
(Signed) John ►Y.Claussen
President Pro Tem City Council.
. 3. :loore.
City Clerk.
Approved by me this 7th day of July, 1919
(Signed) J. T. Blackman.
Acting Mayor.
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. EXHIBIT "B".
TO Carl G. Fisher, C. R. Cummins, Arthur C. Newby, .'
MoDuffee, and George R. Kline:
WHEREAS, the undersigned Miami Traction Company,:
owns and operates a street railway in the City of Miami,
Florida; and
WHEREAS, you are now forming a corporation tobe
known as Miami Beach Eleotric Company, for the purpose of build-
ing and operating a street railway in the City of Miami Beach-.
Florida;
NOW, therefore, we hereby offer:
1st. To extend our tracks in the City of Miami,
Florida, from some point as now constructed near the West end
of the causeway, to the West end of the causeway crossing the
Bay Biscayne, ana to connect the same with the street railway
to be built by the County Commissioners over said causeway.
Said work to be finished on or before January 1st, 1920.
2nd. We hereby offer to permtt your company, free of
charge, to use our tracks for through passengers from said cause-
way to the corner of 12th Street and Avenue C and return, for
the period of three years beginning on the date you shall have
your railway line at Miami Beach fully constructed dnd in opera-
tion.
P;OVIDED, however, you will grant us an option
to purchase your street car line and all street railway equipment
and franchise in Miami Beach within three years from the comple-
tion and beginning of the operation of your line, at actual
cost plus 6 per cent. interest per annum on the amount thereof
to the date of the exercise of said option.
PROVIDED, further, that you will agree if we shall
fail to exercise said option within said three year period, to
pay us, during the term of our franchise in the City of Miami,
Florida, beginning at the end of said three year term, the sum
of $1800.00 per annum for the use of our tracks from the Nest
end of said causeway to the corner of Avenue C and 12th Street,
or to such other point as may be mutually agreed upon.
AJD : LVIDED, further, that all expense in connec-
tion with the equipment of our tracks with overhead trolley
equipment from the West End of saia oridge to l2th Street necessary
to make the use of our tracks available for the use of your cars
shall be borne by you.
_�'.OVIDL:D, that if we shall exercise said option
or within Baia t+.ree years shall equip our own lines with over-
head trolley system, we shall repay the cost of said overhead
electric equipment, together with 6 per oent. interest per annum.
Im IS AGREED between parties that the Miami Traction
11['Drti�-�f ''"k•
uL ";i
Oot[p*fl7, during said tree year period or until Safi ipt
Shall be exercised, or thereafter if an annual rental iB;::
:b r iyo ►, shall oompletely maintain the .t ek. used byyou4
said West end of the causeway to the corner of l2th Street
and Avenue 0 at its own expense.
It is further understood and agreed by and between
the artiee -that, if:we do not exercise. sal, d - opts on; bar: the-> end.:. ,.of the said three year period, you nhall have` the opttot t o
.purohase our street oar system and all equipment in the. Cit3r of
Miami, within thirty days after the end of said three yeerrperiod
at a valuation to be fixed by arbitration.
If this offer is accepted by you we agree to assign
to you our present franchise with the County Commissioners of
Dade Count i to operate oars over the causeway, ,witho'ut'reoourss
;Y This offer is open for acceptance only''ntitil 5 0 cloak;
in the afternoon of this 4th day of April, 1919.�,y
1924.
ATTEST:
MIAMI TRACTION COWAN!,
By (Sgd) B. B. Tatum
MIAMI BEACH ELECTRIC COMPANY
By"(Sgd) Carl G..Pisher.-
C. R. Cummins.
PASSED A'TD ADOPTED this 15th day of July, A. D.
ayor.
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