Ordinance 205 (Rai.ii,iiay 4-4-24)
ORDINANCE.NANCE ITO 2()5
AN ORDINANCE GRANTING TO THE IMIATAII BEACH RAIL7,17-Aff COMPANY) ITS
SUCCESSORS AND ASSIGNS, THE RIGHT) PRIVILEGE OR FRANCHISE
FOR THE PERIOD OF THIRTY YEARS, TO CONSTRUCT, EQUIP,
OPERATE AND IrIAINTAIN., ON5 OVER, ALONG AND ACROSS
CERTAIN SPECIFIED STREETS, AVENUES) ALLEYS,HIGH-
ITTAYS., BRIDGES AND PUBLIC PLACES IN THE CITY
OF 1,FlIAMI BI AC's, FLORIDA, AND ITS SUCCESSORS,
T OTTHER TRANSPORTATION
A STREET RA"_LV7A_Y OR. n
SYSTEM., AND A TMPOSI NG PE.OVISICif S AND
CONDITIOI,,TS RELATING THERETO:--
BE IT ORDAINED BY THIE CITY COUNCIL OF THE CITY OF MAKI BEACH)
FLORIDA-.
Section I : That there is hereby granted to THE 1AIA11,v1I BEACH
RAILWAY COMPANY, a Florida Corporation) i.,Cos successors and assigns,
(herein called the Grantec) , the right, privilege or franchise for
the full period of thirty % I-)
(-0) years from the effective date hereof,
to construct, equip., operate and maintain a street railway (in-
cluding tracks, sidings, switches, turnouts, and overhead trolley
lines and feeders, and all other necessary or desirable appurte-
nances) or other transportation system (including all necessary or
desirable appurtenances) for the purpose of conducting a transporta-
tion business, as herein provided, on, over, along and across the
following streets, avenues, alleys., highways., bridges andpublic
places, and in either or .both direct-ions thereon, in the City Of
Miami Beach, Florida, and its successors., to-Wit :
Fr.onthe eastern terminus 0--c" the tracl-,%-s no,,ri owned by
Dade County at or near the intersection of Fiftil Street and
Alton Road in a general southeasterly direction along Alton
Road to the intersection off Alton Road and First Street *) thence
in an easterly direction along First Street to the intersec-
tion Washington -i a south
tion of First Street and Washington Avenue ; thence ii
u intersection of-
erly direction along Washington Avenue to the
Washington Avenue and Biscayne Avenue ; thence in an easterly
direction along Biscayne A,\I,enue to the intersection of Biscayne
Avenue and Ocean Drive ; thence in a northerly direction along
Ocean Drive to the intersection of Ocean Drive an\,--'L First Street ,
thence in a westerly direction along First Street to the inti,.-.
section of First Street and ti,Tashinr'U-on Avenue;4thence in a
general northerly direction along washington Avenue to the
intersbct4-A.on of Washington Avenue and Nineteenth Street ; thence
" or
in an easterly direction aL g 1\7,ineteenth Street to the inter-
section of Sheridan Avenue and !nineteenth Street; intersectionnortherly (:�irectjon along Sheridan Avenue
of Sheridan Avenue aid Tiiienty-third Street; thence across
Collins Canal and in a. northerly direction along East Golf
z
Tree Drive; and upon or at any time after the constructLon thereof,
Grantee may at its option., and T7ji thout affecting in any way any
of the other: provisions of this f.ra,nchise, cease to operate its
transportation system and remove its tracks and appurtenances from
that part of its system herein described as co,_zmencing at :
"the intersection of Na,shin (Tton avenue and Nineteenth
Street ; thence in an easterly direction along Nineteenth
Street to the intersection of Sheridan Averiue a,ad igirne-
teenth Street ; thence in a northerly direction along
Sheridan Avenue to the inter ec+ion of Sheridan Avenue
and Twenty-third Street ; thence across Collins Canal" to
the intersection of Dade Bovlevard and Fast Golf Drive
(known on the official City Map adopted 1920 as Pine Tree
Drive. )
This grant is made in consideration of themaintenance and
operation of the transportation systeri by the Grantee herein pro-
vided for and for the benefits and conveniences of the inbabit-
ants of said City as a result thereof.
Section II : That as a condition precedent to the ranting
of this franchise, the City shall have the right upon the expira-
tion of this franchise to purchase the property of the Grantee
located within the corporate limits of the City of I.1liami Beach,
Florida, as provided by the Sta-utes of Florida, in effect on the
c'_ate of Grantee' s acceptance hereof, including; Section 1844 of the
Revised General Statutes of Florida of 19M-)e
Section III : That all tracks hereunder shall be laid on
grades established and in locations desi-nated 'qy the City Council,
and the City Council shall.. upon Grantee ' s request furnish Grantee
all maps, profiles and other information necessary to enable said
Gran tee to conform to the established profiles or grades of all
streets, avenues, alleys, high,Hvays, bridges and other public prase s,
occupied or to be occupied, and all poles and towers and other over-
head construction: shall be located or relocated and erected so as
to interfere as little as possible with traffic thereon, and with
reasonable egress from and ingress to a'outtillg property, and such
location or relocation and erection shall be subject to the ap-
proval and. supervision of. the City Council, -whi-ch supervision shall
3.
not be exercised so as unreasonably to interfere t.-Tith the
proper operation of. Gran1jee' s Lines and service, and all con-
struction and main-�enance hereunder shall -be .in accordance with
established practice with respect to such construction and main-
tenance.
ain-
tena,nce.
Section IV; That except as in Section V provided, the City
shall in no way be liable or recponsible for any accident or
damaige that may occur in the construction, operatio'l or main-
te-nance by the Grantee of its transportation system hereur_d.er,
and the acceptance of this fra.;.}chi se shall be deemed an agreement
on the part of said C rantee to indemnify said City and hold it
f ry T and
I ..L V�1.� cost ,
harmless f7rora arid_ a7ai.nst azy Gino. a -l. liability, loss,
da�,.gage or expense which .nay accrue to said City by reason of
the neglect, default or misconduct of the Grantee in the con-
structio��., operation or maintenance of its transportation system
hereunder.
Section 17: That so long ca.s Grantee shall use eicctric
motive po7rer for the operation of its transportation- system,
Grantee a'rees to give the City, without rental cost to it, the
riLht to occupy the poles of Grantee for the purpose of attach-
ino thereto, and -i�aaintaining and operatin thereon, the wires
and fixtures necessary for the operation of its fire alarm and
City sinal l install
police alarm systems, provided -that the
maintain and operate the sa.lie in such manner as i�o t to int er-
fere With t ,e use;, operation and r�aintena��ce by Grantee of
Grantee ' s facilities. In consideration whereo :. the City assumes
full liability and re ponsibility� for its use �.�d occupancy of
Grantee' s -poles and for the construction, dperation and mainte-
nance of said fire alarm and police alarm systems, and agrees to
indeml.ify and save said Grantee harmless f corn and a ainst any
and all liability, loss, cost, damage or expense arising directly
or inci_irectly out of said City ' s use and occupancy of Grantee' s
poles as herein provided.
4.
J.
(Railway 4.-8-24)
Section VI : That whenever, during; tie life of this: Drant,
the City shall undertake any paving., repaving., or other highway
improvements on any sheet, avenue, alley, high-v'iay,, bridge or
other public place, on which Grantee' s tracks are located, then,
upon the making of such improvements by the City., Grantee shall
pay to the City., as Grantee' s cost of such improvement, the sum
of $1 .00 for each project so undertaken., -,,vhich amount shall be
assessed against and paid bir Grantee in the sazme manner and con-
dition as other assessments, levies and payments are made for
such improvements, and the payment by Grantee a-,-.d the receipt by
the City of said sum shall be in full payme-i-'It of and satisfaction
.for all paving, repaving, or highway improvement assessments,,
and levies, that might, otherwise be assessed or levied against
the Grantee for such paving, repaving or other highway improve-
ments. Provided that if the Grantee' s tracks are located within
an area paved or improved, or which area may hereafter be paved.,
re-paved or improved., then vThenever the City shall order, during
the life of this grant., any paving, re-paving or other highway
improvement thereof., -k-,he Grantee, shall, at
its expense upon the
order of the City Council , rake such repairs or replacements as
to ballast, ties or other track facilities., and provide such,
the opinion of said
if any, additional ballast required, as ii-i
City Countil will put said track in such condition as to preclude
the probability of damage to said paving, re-paving or ir�iprove-
ment during the reasonable life thereof., due to deterioration of
Granteets tracks maintained pursuant hereto, and that if such order
of the City Council is not complied with within a reasonable time
and within time to enable said City to pave that portion of the
street occupied by such tracks at the same time it is enabled to
-
pave the remainder of said street, then the City Council may assess
the cost of such paving and a proportionate part of the incidental
owner of such trac'L',s,, including suc'.-I cost
expenses, against the o U
upon any intersection of highways, anything in this section to
C
the contrary notwithstanding.
5.
■
I
ilway qa
4-5-24)
Whenever Grantee -ma;, open, up, remove, excavate or disturb the
surface of any- paving, or :.,y remove or disturb any water pipes,
servers, curbs, gutter's, side-i,ralks, or other improvements of said
City for the purpose of repairing its tracks or road bed, or for
any other purpose whatsoever, then said Grantee shall, as promptly
as possible, and at its own cost and expense, restore such public
improve,zent to as good condition as existed at the time of the
o?efain.g up, removal, excavation, or disturbance of such public im-
provement by Grantee .
Whenever the condition of any bridge owned by the City and
occupied by Grantee shall be such as to necessitate the recon-
st-ruction of such bridge, including such portion as is occupied by
Grantee, then Grantee shal_1 pay to s aid City Grantee ' s proper
proportion, as may be mutually agreed upon, of the cost of such
reconstruction, not to exceed, however, the coc't to Grantee of
coi-.structing its own bridge of the plate girder type, or of such
ogler type as- may be mutually agreed upon, and provided that Grantee
shall for the purpose of this grant, but not otherwise, and under
the reasonable supervision of the City Council, have the right to
construct, operate, maintain and use over waterways, bridges which
may be of the said plate girder type, or of such other type as may
be mutually agreed upon.
Provided, however, nothing herein contained ,hall be construed
to exempt Grantee fro:si lawful assessments fo-r or other hi.uh-
way irziprovements which may be made against real property of Grantee
albuttingg upon any highway within said City.
Section VII: That nothing herein shall prohibit said City from
laying any municipal improvements or utilities under the surface of
the streets over which this franchise is granted. Provided, however,
that the laying of any :such municipal improvements or utilities
;,hall not unreasonably interfere with the Gr.antee3 r operations, and
provided also that said City shall restore Grantees facilities to
as crood condition as existed at the time of the beginning of such
F.
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,c y
work by said City, or its agents, and that said City shall, in
addition thereto, reimburse Grantee for any loss, cost, damage or
expense whatsoever that may result from such work by said City,
or its agents.
Section VIII : That except as hereinafter provided, Grantee
agrees that the fere for o-ne coni-inuous j ourf.Ley b,,;. the shortest
practicable route fro-in any point on Tranteel ,s railrvray to any other
point on Grantee' s railway., both i,-vithin the present City limits
of Miami .Beach, shall be five cents por passenger, and if such
passenger' s destination be on a cross line or connecting line, then,
for each full cash fare so paid, such passenger shall be entitled
to receive, for his own use only, one transfer good only on the
next connecting car; provided however, that CTrantee shall always
be entitled to charge a like fare for any return journey.
That Grantee will carry., free of charge, children under five
years of age tirvhen each such child is accom-nanied by a- separate
passenger vayin- full fare, and Grantee also agrees to carry free
of charge all pol_icemer. and paid members of"' the Fire Department
while in the discharge of their dutios and in proper uniform. That,
provided howevet, if the fares specified herein fail to produce
;sufficient revenues to enable Grantee to earn all of the costs of
service (said costs of service being defined as follows : to-wit :
(a) all reasonable operating expenses, including taxes, rentals,
tolls, insurance, and all maintenance, and (b) to provide for all
necessary and proper reserves, including reserves to pay jud iIlents
or claims in behalf of other persons arising from personal injury
or other damage suits, and necessary incidental expenses in con-
nection therewith, and accrued and accruing depreciation, and (c)
to yield a return equal at least to Eight (S) per cent on the value
of all the facilities used and useful in rendering the service
hereunder, it being understood that such value shall Bever be less
than the original cost of all such facilities, including installa-
tion, organization, development and financing costs, but excluding
any value for or costs of franchises' then and in that event Grantee
7.
(Railway - 4-5-1'-34)
is hereby authorized to mare such adjustment in its -fares and
charges as tirrill enable Grantee to earn sufficient revenues to pay
all of the costs of service as abovy defined.
Section IX: That the raill,�Ta,y shall consist of a single track
of standard gau ge, with switches, turnouts, etc. ,, but Grantee shall ,
at any time,. With the approval of the City Council, have the right
to double track all or any part of its railway.
Section X: That Gran-tee shall have the right to transport,
express, mail and freight, and to charge for such transportation.
The right to transport freight and. fr.eiEht cars, and the wl,*. cr
and time of the transportation thereof. , shall be at all times
subject to the reasonable restrictions and regulations of the
City Council.
ection XI : That Grantee shall stop its cars on th�near
side of every alternate street or avenue crossing when passengers
desire to board or alight from said cars. Grantee shall place
signs at such points where passengers are to be received and dis-
charged. All cars shall come to a, full stop before crossing an
intersecting. railroad line. Grantee shall have at all times during
the life of this brant the right to operate cars by and with one
employee. Except as modi-fied from time to tiane by agreement be-
tvreen the City Council andGrantee, cars shall be operated over each
line now or hereafter constructed by said Grantene with such fre-
quency as to maintain a schedule of not less than one trip per
hour between the hours of six A.M1. and eloven P,111.
Section XII : That changes in the means and methods of trans-
portation and substitution for those at any time existing here-
under may be macre at any time and from time to time, in whole or
in part, but only with the approval and on the authority of the
City Council, provided, however, that at no time shall steam or
animal po7,,ier be v.sed as motive pot}1er for the operation of Grantee' s
transportation system hereunder.
8.
T
(Railway - 4-5-24)
Section XIII : That , subject to Grantee providing adequate
transportation service, all other_ competing agencies for public
transportation, operating within the City of Miami Beach, shall be
subject to the same lawful regulations as to hours of service,
schedules, fares, routes, transfers, a,y1d. free service, as herein
imposed or as may hereafter be imposed upon Grantee by the said
City by ordinance or otherwise.
Section XIV: That failure on the part of Grantee to comply
with any of the provisions of this franchise, or with any lawful
order affecting in any i.ray the operations of the Grantee ciereunder,
shall not work a. forfeiture of this f..ra,nchise until such order,
1
resolution or ordinance shall have been shown to have been reason-
' able in all its requirements by some court or courts of competent
juri.sdi.ction> or if appealed, by some appellate court or courts, or
I ' until it shall have been. found by some court or courts of compe-
tent jurisdiction, or if appealed, by so ,:e appellate court or court., �
that said Grantee has failed. to comply with the provisions of this
franchise, and upon the entry of an order or decree of any court of
competent jurisdiction, or if appealed, upon the entry of the order
or decree by 9-ach appella tt couNti o:� -cmrts, .glen the Grantee shall
have six months after such entry to comply with such decree before
working a forfeiture, and the City Council may at its discretion
grant such additional ti;n;, to the Grantee for compliance with the
i Court' s decree as necossitics in the case roquirc.
Section XV: That the City agrocs to pass all necessary and
suitable ordinances both for the protection of the rights and propel-
ty of said Grantee and to enable said Grantee to enforce any of said
Grantee' s rcasonablo rules and regulations for the management ,
operation, control and conduct of G-r_artco' s business hereundcr, and
to pass any ordinance or ordinances that may be necessary or suit- i
able in order to fully confirm to said 'rantCe tho right herein or
hereby grantod or i.ntendod so to be, or to carry out any of the
provisions herein contained.
9.
4
(Railway -- 4-5-24)
Section XVI : That the Grantee is hereby given the right and
authority to make assignments of this franchise and rightsthere-
under.. A copy of any such assignment shall thereupon be deposited
in the office of the City Clerk of Yliami Beach, Florida.
Section XVII: That this ordinance shall take effect as soon
as it shall have boon duly adopted as required by law and accepted
as required herein.
Sodtion XVIII : That the Grantee shall file its written ac-
ceptance tance of this franchise with the City Clerk of the City of Miami
Beach within thirty (30) days after it shall have been duly adopted..
Section XIX: That simultaneously with Gra,nteols acceptance of
this franchise, said Grantee shall surrender to said City of Miami
Beach, all of its right, title and interest in and to that certain
franchise; adopted by said City Council April 15, 1919, and granted
to Carl G. Fishcr, C.R.Curnmins, Arthur C. NcwIey, J.H.McDiffce and '
George R. Kline, their successors, heirs, legal representatives aneL
assigns, and known as Ordinance No.1221 and the said City of Miami
Beach shall thereupon accept said surrender upon its tender to said.
City, and immodi at ely thorcon said f.ra.nchi sc, known as Ordinance
No. 122, shall be null and void.
Section XX: That all ordinances, and parts of ordinances, in
conflict herewith (particularly that certain ordinance known as
No. 122) be and the sarlu are hereby repealed.
Passed and adopted this Oth day of April, A.D. 1924.
president of ity Council.
ATTEST :
APPROVED this Cf �day of April,
City Clork. A.D. 1924.
Mayor.
Passed First and Second Readings, March2811924.
passed Third Reading, April 91 1924.
410
Po st od 5 1 2
10.
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