Ordinance 116 AN ORDIRYIXE GnA1TI1'4,G TO '";!ISL G. -WISIHIFIR
Arthur IL Newby
J. H. McDuftee George x1c. Kline -
THF,Lhi. SUI LESSORS 9 MEIRSt LEGAI PIPRESEVTkVIVES Al-Tr .ASST GIMI
( including espreci,slly a corporation now ir, pr®cess of formation
villa .ch is being organized by Vj,e (above grantees ) THF,, .1ZI GLMT
TO OUSTRUCT, OPERATE AND `IAINTAIF A STREET RAILWAY OR,, OVER �QTD
ALONV STIREETS, AV" TUES JUNE HiGIT
014 THE 101ITf OF 7.11AIVat BEACH,
AND, REG IUM_Fri IRG THE OCUSTRUCTIOU, OPER.`TIQ,11 AUD 1,1A"jrLFT1!24Aar 0E T E0',, .
13E IT WDAINED BY I-PIM, 7 SAID "I TY OF
174I.W1 BEACH, FLOI,ID A
13eotion to That Carl G. _JsUerl
x B _Lt,,ur e. je H . McDuffee
Ige R. Kline
tilicir suC,-cessors, he.! Ls , legal r(;-presentatives an s)s 1 g n s n 0.liad-
irp. especially n. corporrt *
'Or, i-101Ar ill process of form tip which
said corporation is being OrgarAzed by the above mmea pr,,antees )
hereinafter termed the grantees, are hereby gr��,r.tela- rL
the right
-privilege and 1-ranCh.ise to construct, equip,p uioperate and maintain1 11
a. railivay of startdard gauge on, over and along- such streets
avenues and highwaya; of the Cit. of LU,,ml Beach, in the Stnto of
-611orida., vkiluh said sLreetq, avenues ax-Ed highways are as follo%,ms
to--ii t 40
Alt ar. Rovd f i.on, the Nor th line o1c 17!if to Street bS`o,uth-
easterly -�o the South line of Fir,,,,t Street- Irst Street from ton
re A] -
Road East and Eas, erly to East linje of mi&,mi Avenue Miami
-irst '01ree t1lorly and JIL�orth to
t r�x the,
North line ol" 1,471neteent.h. Street; 14inotee'nth Street to the .act
line of 7heridan ilven*ue - Shoridan 1"$-venue -frorci 11irieteenth 'Street to
IP
Ulorth 11rje of Boulevard uorti). of Canal; thence Scatll�-iesterl, along
Boulevard to —est boundary OIL Alton 1'oad prod4(,-'ed North; thence
S 0 herlj Alton Alond to So-ath side of Fifth Street,
Section 2,* Thut Lhe motive jpowor u:ed in j")ropell-
inL, cars over the liws of raill,,;ay covered by this fr,--inchise
v.,4thin -the limit.-. of the City of i'lijami Be ch, and any i-at.-are
extension of tho I - -
,ii arij use of stra.---'As hereunder within
scaid limitst shall bo other than stean- or animal pow,-.-.r. ; except
he ov e the t steam oow6r, horses v4,Lrid may be used -i n
"L c o i i s t r'uc t i o n n,nd bu i 1 d i n6 of -my p o rt i cin of S,a i d ra 1. hrr a y
IS-ection 3. 1.11hat said jai.l%ray shall wn 'ist of a
ei%le track o" sta-_ndaird gange, or d cable track: if approved by
the UiV Couna-11. 'T'here slial] be sach branches , switc1h.-cs 4h c
tiu-nouts as my be agred upon and located un(1,3r the direction
of the City Council of tl-)-e. City of 4'.Llami .713elzlch, from time to
tim.e Plaws, -''or all bridn,es proposed to be built by grantees
mu; be a oproved y szaik, Olt7 Council; '!hat 1,4trace sai d
S/
rF,,i:Lvray sl a 'J"31 q 9 .4-1
the, �� of each stroot i over v.hich
this franchise sha-11 operate ufll(-)Bs otherwise au-ho rized by
the City C 4 t7-
Council of tlie. of r Ao i7i Boa ch,
If el po'V�r-r i- -USOd jyj 4
Section 4. ll he opell-
ing of cars, in kstuah form as to Yic)c,'--ssitata. t1ro-110y 'wires rund
current transr"ission service-
09) thero shall br) 1)roviClIed trolley --and
all raecE ssa,ry end co'Z_LVon..-' nt ifixtI.Lres and agpurtanaxicoo needful
in the construction and operation of sokch a 1i*na of railv�ay
by the grantees, and saidg-,rantoo-S shall the rig _,,ht to con-
si-ract for thewposo af' transn,i-ttiri6 i3ov;_3 fcl.- th.) prop 1-
'p-L ) U u
Sion of its cars, ov.nrhea(4 tro'.1-JI-ey sy�tem,, -.,uzpanOted on posto,
placed alo1aj:,,, said ctreots, avan,1161,s, Lit' higlTrays as, the city
Come i]'. shall direct, the wrie two be E;ubjec-c. hm'7' everp t'o a._11
r--strictione, limitations 5aW rogu.-Lat-ions ger -i-nE:j'_tcr contiained '.
40
and so.ch filwther reasonab-le rat,,ulat-iore and restrictioirie, ,.:as r�r_y
l w .
-
be imposed oy the Gity Oouncil cf the City o--"P aA. 311 Bea ch f row
t ime to t izi a; or o vi d i that <,he L-le the d of b and in C-; of t a
OJOCLIV-ric lines carrying retiwn current sh&11 be so safe b.-uarded
t1kat it vAll not obstruct any existinib; city or -i"uturo city
1,*. ter supply, or contamin-a-Le the -,,-.-ater;
(b) that a"a-I v;i r a z suspendd, f r art tr o 3. e,y p c s t s
;h&,11 not T-e less tip n e .hv,,en feet above t! uurj:a Cf any
streets, avEnuee, or hiai-w-ayst a W. - there sha'31.1 be p-rovided sig ah
guard %,ireu ae, may be nacessary and izoper to prevert Ijro,`:en
leads It cc rrying c a b'I es or :'Lromrn f u."Ll-11, nom. to the streets,
ic) t.'Lut tl-z b,%--t ia, :--!da of pa-Intel
metal# Ur 0011011°eu(Alv and E11a'.1.1 be bo pl,--waii as -*U-o cax-LE.e thie
lead: pos6ilkj*18 wi* -'U--h IuIle groperty riEhtst tingible
O"'L, intan6lbla ol? the �ro!O]Ay (xnex,s s-ach streets occr-pied
'by the grwitoes herain; and �-Aienevea- a or C-arbinj is
afut into, torn ixf. or rem6ved . tha sari; be :capiaced by
the grantees hu--o-oltin, s su,-h lieipleacin6 sI 1l be dc),--z -`L.-L a
skillPal aW manuxrlf i.,)o ak; to -f-it nently c3 yid clo-oely
I a 71 d C-Aroune, I,-h,3 blaa;,.c, (;4
A b. ; id tro'-Iloy pos-',I,..s, , and to tI-P-, satis-
.Va(:tiorl of ..L e Strae-� CoraMi.ti.
�,h City Zngina;r.
to } lrll agroo, that 'he said
-;,-L U G
t he 4-
:fie achy inay use Uie polas of tae grantees for the
instal-latie-a unPI inaintan-wqc,-N. as its Aro alarm System police
alarm. sy..,3tem, Ond if Motive power is us-31 o-n said
street ray way t14uat E�r4-;-Ln-teas wil.1 also f-arrdoh ej,.:ctrikc
to change the storage bat-t'-eria,-z of such ala- rai s-ystem free of
ail eharg
e.
(e) that all ti-o"Llay posts F--,hali be, placed on such
liar or in the stre-e-t, or streets,, ovcx 1,nihich this
ii-L-richisa operwtC169 as be inelicated or joroscribed 1,.-y the
C i ty C o w3z;"I
M it -`Ls iVrthe r provided l�,at on all streets :grad
avarLues over -which tl-la �&id gAranteoc are allc-vre�-, to Opara-�fe
.L c- -
tl4i- said raihi'ay under ViIjB teri,-z of thiNs,
Ld
south of oha t is cornmon-ly known as V-,,o Carna.77 IP--v-C-:!.ct I the re, shall
be - nd is hereby re & strip
CA :C e t
in Adth, running down tho ce,,--iter of said sAreats arid. avenaec
a parlmay in the center of invhleh siAd parkvuay strip ,, the said
tracks of the said grantees shall be laid , and whereas the
Ci V of "iami Beach now owns valir-ble paving on said streets
and averinest and vvhereas in event this frarichise is granted-d to
the said grantees,, the said. paving All be abandoned for street
purpoeeb au coparrverted into paruses, -IL-1-10:mforelp it- is provided
that the sal eqantea aht, !! 6rade, Pr:Vej, al11 0-11 all of said
streato u , avenues over which 16-31110 said frzm,.-,-h_ise operaives
lyine- so-ath of the said Carney Tract In like Liannar as the same
said pavin�, to bo corstr,,ac *V0.','-, by the said Srantees
is now paved , C>
on si-wh part of said streats and a-venues- as shill be d.L.'ected
by the City Counci-I of Lilami Eiaach, and shall be laid to the
saw width wid thickness ai_t conatract&d of the swine I1-_,2.IL;erial
as the old Paving hereinbefore mentiumtdl anci s1h&ll i-a all
r,ospects 'be as good in .9vory particulat as the old paving,, to
the satisfaction of t1he City �;ouncil of "Liami Beach, with -the
ap.Proval of th,::) City Fm6ineor of Miami Beach, a.y.id Provided
fuxther thulu none o-Y" t1he old pavin6, I'lereiriLcefore referred to .,
shall be disturbOr jy.Lteffeed , dug up, _L irled with. by Said Lrayitees
until the new pavine, L,hali be complated t parmlittI36 so
to do by the City "'o-amil i.- J'_ Miami Ueach, 441-r
Provided fug tior that at a}r-Y time a:3'ter the e� Piration
of five years f_coi-o, the date of Ih6 11ecti0-In rL-ti-f-yir this fran_
chise the City �ounail reservaki the A�;Ji"(; to abandon the pm?k-
-ibe ' e Bar,-te for street gutr-
way heraii efm-i3i reserved,, a4I to u�,--
a th
pos s 11 a rijmc ovid ed far t!)e r if a-t any IU-ii�i c,4 as t(-,,:c t he s a let five
years the sald "ity Gourouil E' Call loci de to utilize szA('i
parkmay st-ri-p JE'or street purp000z , that all of t1ae to ms and
Gond itiozis of this franchise Q;,its? res pact to t- e -on-tting in cf
U 1-1 ,
41k
paving o n streets by the s,ai d gr Fm t a,3,z- s Iaa J-1 b . b i i id ii upon
sis g-ranteas with r,'-As L-
respect to said StrIp hrr3in reserved as a
park-way.
Provided fizxth_, r that during t e time ca id strip is
maintained as a par kv;ayj it sha- -_Ll t tht., duty of tTie 8;raxiter.71's
a"Lza
herein to keep (,Taded to establish.,grada rith soil
A the stria
betv-,een its rails and for t-Tuo feet each side thereof, except on those
portions of said par,14vay (giros se'. by otlhor streets, or avenues on which
sai d kA-
portions of said portionva ot par.1kway strip so crocsoed by
other s-treets or -_-,venues it be the dntoy of the said grantees to
ria intain sugh paving between itco said trac-h-s zi:ind oil t-zio feet -on each
side thereo-JE" as> are maintainod- 1jY it on ,.',,trCCt -..rossing s where no
parkway is established- that is to s,-4,y,, that 0V-ith respect to those
portiorw of said park,-.-.ay strip az,cussed by other streets cr avenues, the
said grantees shall be governed axil aatrolleul by the Irovisions of
Sections, JE'1�'zht . Vine . Ten and. Elever. o-A" tb i s ol,di nanc e or (rano Ase
Wi) in all cases vvhere tho streets wro s-afficiently wide for
the trolley line to be hereafter .-oiastr-actel,.1' to be r-an down one, side of
the street so as riot to interfere .-;fith the pawk-A portions of said
said street 3&r line along one side of
stroet, and .riThore the laying of
said. street shall be foasible f-lbrAt. pricticable, ther, under such circam-
stan-ces the grantees hers in shall (_!ontruct their line oil one side of
the paved portion of said street wid shon"Id tmy portion oy .9-aid
street so used in oonstricting said. line nlong one si&o o--L the. main
paved portion be destroycd ox iripaired. then tl-x-. grantees shall
sixty-( 60 ) days thereafter cuase saiLa" darnmE.ed portion ostreet
to be repaired and re-constructed so as to place stvme in ,.,s good con-
it* on as the; ramaindcr oi the sai,.,.., portion of saaid 'Street.
Section 5. If easoline motors are used. on the cars
operated ov�.x Vae lines of tl"Ic grafi-itees throughout the ,:,-1ty,, that the
said Irotors or engines shall be maffle.&I at all times and. all wnec-
essary notses. or (iisturbaq,,;er> a-Njoided in the operation of sitch cars.
Soction 6,w That all worll-m end rza ovt.ment4 of said
grantees shall be constructed inter tho st-,Lpervision of _.ormiittcemen on
troets and of an engineer employed by the grailtoos and approved by the
("ity ouncil, The Aty Engineer shal-1 f-nraj*,2Ji 'all necessary �_-iiapo 9 pro-
files and other information nec;o3sary to on&A-ile said grantees to con-
form to the estalAished profilcS for all streets and amennes, and for
all street end- avenae crossings and gutterings,
so,C.tion 7. The "'Ity rese)-.-ves -11-1he right to c7Coss said
lines with agV water or gas mains, drains and sevier -rpipos anE with
telephone , teleere,.ph or electric aires or cables at all times I with as
little, interference as -possible -witb the operation o-±` sai d lines, a.nd
the said ity also reserves the right to gr,,r
t
Ermiss- oy.,, to the tele-
phone, telegraph and electric light -,., crapanies from time -15o tirile to cress
said tr ac' and lines with the necessary -fires and cables; and; the I-L-Aty
also reserves the right ttithe otbonvise regula the nsc of said streets
with regard to the different franchises mentioned Jr
,.c:Juain,,Y h.is (ranch--
t fr h-
iset and. any herea,fter -,ranted and any (attire extension of existing
fra4rchisos or atrq that may be herealter granted. by the
Se,-3 t i on 8 In the construction of said', railwv system,
arface of said pr^ tees I tracks a ha 11
-'ahere grades are e.st,--.i b 1 is h v,65.It
the s
conform to stdd grades, but -v,,here no grades are est,-�blished, the track
of such system shall conform to such grade as may be furnished
by the "_;J.ty, provided thrt in the event said granitees shall fail to make
their tracks conform- to the existirf, grade , or the grade givon by the
City,, tuh,"t _J'L 45s shy=11 be the, .1-o-ty of the said
,rantees to bring such
tracks to such grtjde at its o7y:,in expense and upoin orders of the 'Iit:r
Coun,\..it of the said City of Miaj-ai Beac h, and livi thin t Arty (30) doy, s
of the date of saiJ14 order,
So c ti on 9. It is :_-D.;Lrther p 'l-ovided that -,;.he rever the
' ine of sWiAl -rartoas I traces traverse any stree t 'upon which the pave-
ment Mont is colist.ractedf It sh�ill be the daty of said grantees, ,7.f ter layizg
their "ixacks 9 to restore said paver. cnt vi..Thore injured or destroyed, tnhen
11-P cu, removed, to its previous condition, as nearly as rnay be, except,
however , that such grantees may pave the spare between the track-s and
for two feet on the outsido o.,!, P.P.,ch rail with vitrified brick, creosoted
3 ,
"on n 1 of
block or such other mrateri- 1 al as shah be required. by the i t. .'
the "ity of Miami. Beach; IfIll paving, materials shall be of s t an d nor d
qualitlyy to be approved by the City t:#ouncil of Miami Beach, provided,
ho-awever, and luith the -anderstaTdI4-11 and con(iition th-at -,vuhenever land
i4ierever the said City shall pove sAy street or avenue aforementlioned in
this paragraph -upon ,7,, hirlh svi4, line of railway is ccans trnetc-A-1. it shEa_ lbb
the c� of S' id s nfi,ecs to construct or pay t he cost of -onstruction or
I
paving the space bctwee�n the traclks and two feet oil the outside o -" each
rail as la id , the said, paving to correspond to and be of the h&racter
and muctterlal specified irk the -provision herein sct forth in this section
or as oth.eni,,.rise specificed by the Cioanclll a[ said- City, And provided
further, 'that the grantor herein reserves the rig, A-
t ht ata time hereafter
to designate that p
ext of the street or stroetst avenue cr avenaest over
4hich the traclq of the sf~ ci grantees =-..)r be laid as pu,rin-�ays ,
W
Section 10, That the said grantee is to ri�aj.ntain
the giving herein nqi,)-ired and all oth6,.--." -.)z--)ving required under
the provi sions of t-his r chz 5e in Pro, co.rad ition. a ra rapair
du--r-Lne; the ti'mo the tracks of said grantees ramin in upon
the strects and evnnuas of this OILty, eyee,,,)t tho "'I"').ty
the oma inte-inanco, of s!Ad pa-ve.-rient may rest upon the or
er.17 contractor co nstructinE.,- such pavement under erv-LOYjr,",nt
of the City, prorided. , howemer. th&.t the said grm'Oees shall
construct elong their tracks detachable curbs , or block of
suf.-f,'icient width to enable the laid e-rfmtees to ti e n,) or
it their tr�Ficks or rails without, iii stiirbing a.,-Ly p-avement
of coment or ashaltic charlacter used on any street*
P fil
Section 11, D1 -ti upon the final determination of
the Oj-;;y Colancil to pave an-r street or aver ie upon which tho
of A
ral:&ay may be, it 0rIuqe the Clerk to EJ. '1
notlice o.JL-* is,,-tch detemjition to st-Ad cx,-:41tees , -and said gr .toes
shalli at Its ovin e-.,;DN.ense construct its portion of smch pave-.
--A',-I - the 'Pity Engin-anne and. accorOinp
ant under th4,
to Vni plans and, srx,:-cific-atio-as adopted by the Civ- Uot-cricil;
and it; sbaa l.l. be the daty of said gr,-mteos to car -i2ry forward
their oavivi�, in conjunction with the pro :-xess of the
for the City q&-, in ever] v--,ay to as little as possible hinder
an 6 6 e lay the, Oty in ito, cont rarcts* vt!henever the grmteas
foil or re arse, to comply with any of the obligations under
this Section or Section 9 preceeding, or any other bection of
this franchise relating to tj--ie rnaintertance of paving and repaid,
of day!-j&6os to strEst-As by reason of the u tl-iare.of by the said
r,.-A1vvay, the City shall Izve tv.o AL,,W, in addition to the other
rights and remedies ex.)reh:�sly or by 'tho luw reservedt. to it, to
do or cause to be done the thing; re_�u3.red her,.-,by to be done
by the strI. et rax h. ay com,;mny,, arii the GitIj7- shall have the
riflat to co. Iect from the grmtees , aiIi the
be liablo to the City f or all the cost and ax�jeil-q- e thew eof
inc lud i ne,,- cos t of s-a i t and a t t or ne y' -7j, f le tis.
Sac.tion 12, At all Points where said street rail_
way tracks cross the. trticks of an-,r steam r *Ivray the
av
said. grateesshala stop Its caro
1 'and. 2ha 1-iot proce-1,11a, across
the of, �uch steam railway com-parT lantil the conor-c-bor
or othe-_r employeea of Fa jd &ranteos, from Scid crossii-tgs, shall
Sianal tb.e mo-torl_rant or driver of ow-ach, car th�24, the, tra& is
clew r. I't i s r o vi (it e d bo w ever, tba t f ai lure to c omply wi th
this. clause Oliala, not be construed or (leemed a for-f-eiture of
this f ran ch'A.e e.
8 OP 13,P M;Pt the stid grm tee L, sha 3 s top
OcU l 4
the it cars f or the purpose of t0kinE,, o-,,,,, or di s cbs-;-,rging passen-
k-e r s o,i the V,e v r side of the S trOr)t crossings ;V- a nd all ca ns Sh-a l-1. com, e. to a fay-13 stop be fore, creno,ink; an iiiterse c ting
re i 1wr a y I in e Fii-13. stops sh�.Ii also be rmdew at all such streets
or avanufa crosoing-L where passe rigors do.,c-iret 'to boa-1-c! or alieht
from said cars.
Section 14, All shc-111 be n-ni - ith sucl, frequency
aO to intair, a rea;�%;or:L,,z *b1,,%. schednie which may be -fixed. by
the City uo-alv- ij,(and, in no event ;:3hvill the sdi:3dul-e be less
t1%?n one trip an hour between the hours o"' 6 A, Id, and 11 P,41je
ani: the AxiLlIP-, cdf tf-,its minimnm ii-3the dule shall in no event be
cons tr-aad. as ef._iIeotjy)p, the reaso.n1a:ibleness of other requirements
reepect to the fixing of schedules by Id-.,e City Council
ling in frecinency this minimvjm) t:171d at .a11. times and places
the carQ of tI)e said gr tees shall be ran at a recosona- ble rate
of Spead 's and in !10 ow-%, s-M-4111 any stroet car be run or o0ar-
ated I a t -a greater speoel than t�;entv -f ive milespo r 'hour,
Fa-i 111re on the part of the grantees to comiply vit)-, any order,
resolution or ordinance of the Uity 'ounc-i-I re`�`ulatinF_° or
a1itamptine-,-_. to r-,.j.-6Uiate t'le fre�luency vvitli which cars sha-1 1 be
JI
run or or attempti.,rig to Ci_x any sc,
U h or
or attwipting to f i-.<-- any time at vrhich the first car shal 1
run in IJ,_-e morning and the -last car at ni-ht shall not 1vork
a forfeiture in ,.',hole or in part of this franchise until such
order, re so lu.t iaxr or Ordinance shall have beer, shown to be
reasonable in all i tis requirements by some court or co �is
of competent juris ic:tion, a d. upon the o try o-I an order or
decree of anj c our t of c€ampeter t juri A�d.ic;t1 on, then. the
graritoes shall have six. ( 6) aonths ter .�z1c;h cntrg to corply,
•. th such-- decree before workin�� a, fox,i`eitur�c , a,r�. the Gity
;our-'Aril mays in its 01is creti on, grant s*1:wIL addi tiorxa.l time to
the grantees for cmt laanoe ,L,ith tl-g;- c o-�,rtls docrec as the
neca ssities of the cpse rcfay require.
Section 15. 'Phe entire system of Ixacks, tro ll cys ,
rails , cars and equipment sh-11 be first c:luss Lind suitai le
in design for the service of which it is iritenried, The N=ail
to be used in the construction of said rail:wuy sh�.11 be of
j riot less than sixty ( 6} pounds.1in weight . All c �ws shall
be e :1'ui.pped with saita.ble brakes and lig'-to, and said Cars and
rachinery for operating the same shall at -111 times be provided
with good -and proper apj_-)1Ianc;es for protecting thc; livres and
p arsons of p€ sengers on sa.i�i ro&d, and of ti-ie traveli
public on and across the streets ov car which Paid ro�4ds mai
bo operated.
esti an 16, x,1101 i4�etfiesj find said members of the
-Lire d.epa,rtment, while in the d.isUhar`ge of tiieir Duties, all
in proper -uniform, sh; :ll be free on all cars.
erection 17* The (�Ohar:•ges fox, transportiiT passengers
to be exacted by tho said grantees herein shell not exceed
the sum of five ( b ) c en is each for one ca est inuous p a s ss}ge
over the r cm.tees ' line from points v,,,F t jjiyj the city limits
to any other =point in such c:itj, but snoh limit on the price
shLal_J. not prevent the exa,cti of an ad J, i tiona.l fe e for• the
return Journey, anal the grantee; shall. furnish, tr�arisfer ticiaets
from one road to another OYL e oss streets or cxteasi ons of
its lies, to tyre passengers makiyg one ontinuous, jonnney
fr°om one gJ oint to anot ric-r in the i3 orport-itt e liiAts of the -i ty
of Vra*i ami 19%e a ch in t I-0; SMC gC1aCxz:"1 direoti on free of extre,
chox g e hildreA wrier five yetirs of
_�e, 'Trihen �.,,om-panied
by v,&a"'Lts paying fere , sh:ndl be ovarried free.
It is pro%di;led, .jol.:rever, tlyll-, Ln the event that
the just and- reaoomable g-rices or (_-.ost of -.rna.1rjtcnii_-1,ce , equi-p-
ment anL off, alioof said Et) reet _rfaillmy shiall co
as to cause thAn, grantees herelin to lose money on the ir!vest,
mo it,. mde hore-anier at the rates bereln-10-e-It7ore -arovided, rind it
shell be made -'(",o appear to the Aty 11"*.owa-3J1 and to its satifg-
faction. that such Is tl-he cases t1ren In ,-,ach :vent, the Tsdd
granttees siirail be allowed -to increase their ;-atess to sn'._-h a
sum as wfill roturn t-o the grantees a net ear ni-ng Clot e7_:ccol-
j1C a� per coat. on z_-, reasonable value of the. stock,,
necesaszy equipment Carid tracks or -the sa.,10- Bran tses ; thlr.t
is to say ,, on -10.hc reasonable valae of Vall ca" the mc,-essaxy
and Incidental properties,, both Y-C)al and. -f.�)rsonal, heli ty
theraxru-ees 'under this franc-hiss an! held, used, or mail ntax-I.ned
Mr� the opera tion of its said. strE;V-t not inell-uding, Vile
value of this f ranchisc*
farther, .hat the proviso herein
rel.atiyjg to t1le irica,cc-'se of valbto shall tot become operative
until after the ex-pirattion of five fron- the time of the
election ooi-ifirmim_' Vais Iron chile.
Seotior, 18, Vie i**6 of said rail lway shall ;7t
Ir, ,DCL d- *
all times be entitled to the. track, C.' ,.-lvcrs of all
tr ae L_ 0 r t,jr tri vehicles or, the V s&dLe thereof shall turn
-at c n the z p
oll vehicles o proper stgnal on"' the roach of
agy- car. an! failm-~e on the part of the said drivor, r fter
proper signal
from the motorman'.
or 6river of said stree-,t c�..L . to vacate
said railway trl,-,.ck!, shell subject the said driver of such
vehicle, to arrest and fine not exceeding Fifty Dollars
( X50,00) for each offense; provided , haniever, that fire
erigines and other f ire apparatus of tIe Uity of Miami Beach
sha.11 a t all time s on t he sound ine-,- of th e a larm o f f i re, hav e
the ri --ht-of-way, over and along the said track of the said
street railway, and the cars of the said street raili7- cay shall
be stop ed after the soundinf.,, of the fire alarm and upon the
a,'.)proach of Ilie fire enginle, hose carts or other fire ap..-para-
tns, and shall rem- in standi% -until the same shl.a>11 have passed .
Section 19. The F-,,-rantees herein shall :-:,ro'.r-q!,)tly
pay all taxes and assessments ,, Eenerul and spec i ,,-:)I that may
from time to time be lawfully levied and assesseC., by the City
of 1diam i Bech
Section 40. IT"he said grhoes shall have the rie-ht
to handle freight ears over ito, lines at certain hours of
each day, to be designated, by the City Council from ti-rqe to
time, under such restrictions and regalatioas as the City
Council .)rol)oses for the protection of the best inter-le-sts
the City and ' rel fare of the public,
Sloction tU. The grantees, and thei-r. assigns agree
tI)n t ',,vhenever ally -interurban line -,j,,ith motive Powor other
than steam or anim-ail, shall desire an entrl,-Ince into the City
of i each ,
the grantees will allovu said interurban lines
' ia-mB
the ix-,e of the tracks and street railways of grantees for sack
entrIn,nce for a reasonable eharoe therefor , to be af3-reed 'u,-)on
between tJax said interurban line or lines and grantees, and
in case of their failure to so agree ,, the points-, in dis...)ute
shall be submitted to arbitration, each party to select an
arbitrator and the two so selected shall select an um)ire
and after giving, both parties an opportunity to be heard the
said arbitrators shall w-ke an award that shall be .A.1wl a-rA
binding on both parties, and sLall be a r-ale of any court of
genarcal jurisdiction authori zea to to-ke cogniz-;-.'-',-nce of the,
subject anB en:1--2orce it as such; it beiing understood th,-:-.) t
the City of Miami Beach shall impose on the grantea.s and
owners of said sub-urban lines, -such other restrictione-. and
conditions as may, be necessary and proper in handlings ch
suburban traffic --ithin the said City of 11.-.iami Beach. The
arbitrators shall be wholly impartial and, disinterested , and
shall be practicaIly converszanlu with the special subject,
-
and shall before ;proceeding with their duties take a-i oath
to fairly and impartially adjudge the difference b--t,,,;een the
grantees and tJe said interurban line or Lines, and shall
have authority to P--nke ar.-_,y rule with reffearenc:- thereto itis ich
may be equitable , and shall have the right to determine -the
right route to be pursured by said interurban cars in their
ingress and egress f-,rom the city wi th their suburban traff ic
the particular tracks v,,hich they shall use , and the rental
to be -oaid ther!for for the use of the tracks , trolley or power
to be furnished by said grantees , and to sett-le , determine and
adjust any and all matters resulting from a dispute over this
provision of the grantees' franchise.
Section 22* That the grant_---�e shall commence con-
str-action of said railway in time to complete a line from the
causeway end in5lilami Beach South on Alton Road to First Street
A
and East on First Street to Miami Avenue , so that a complete
4e ek
line shall be finished from th.1liami end of ca- seway to
A
Miami Avenue S4;;e after the
Beach and in the and the signing
of a contract ,kith the Board of County Commissioners of Dade County,
Florida, and a complete belt line as above laid out shall be fin-
iz,,-hed v,,.Tithin one tsar from the date aforesaid .
Section 23, Subject to the conditions and understand-
ing herein expressed , it is understood- that the life of this
franchise shall be from the date of acceptanc-_ of this franchise
and ending thirty ( 30) years from said date of acceptance .
she right is reserved by the City of Liami Beach ,
Florida to -ourchase the street railway which may be constructed
and operated by the grantees at the termination of this franchise
fly e ac h-
at
at a valuation to be fixed by arbitration as provided by law
in Section 10159 Gener{jl Stat uttes of Florida. of 1906).
Section 24, -Any fn1luro, neglect or refasal af the
gran to ess herein to f a:Lfi ll all ani every pr ov s icon. and con-
dition
on-
dition of this franchise f°o rre a s on abl a time a h al l rxrk a
forfeiture of V.e same; provided strikes, the acts of God .nd
other causes beyonu'- the control of the grantee; shall riot be
deemed or construed as a forfeiture.
Section 25, This ordinance shall take effect and be
in full farce from and after its passage, by the �ound 1, approv-
ed by the X ayor , acceept ,nce by grantees, ublicst ion and rat-
ification
a,t-
ification by the voters of the "-",it,y of io.mi Beach, Florida*
at an election hold for that purpose; a aU_ other ordinances
of the City of Miarni Beach inconsistent herewith are hereby
repealed.
PASSE-D" AND ADOPTED this day of
A. D. 1919.
f44P ( _
:attest : '' � President o:r: the �;it y ..oun cil.
' r
City 1 erk..
APPIrIOVED BY VLP this 16F
d fig of
Mayor, y ol Miomi Be ac h,
F for its a*
a
L _
4 1
V
r
t