Ordinance 122 x
AN ORDIBAN'CE GRATITTIM TO CARL G. FISHER, 0. R. CUIUJIFS,
ARTHUR C. NBWBY, J. H. McDUFFEE, GEORGE R. KLIISE, THEIR
SUCCESSORS, HEIRS , LEGAL REPRESE1TT.0NES AND ASSIGNS,
( including especially a corporation now in process of
formation, which is being organized by the above named
grantees ) THE RIGHT TO COT STRUCT, OPERATE AND IvIAIFTAIN
A STREET RAI ITIAY ON, OVER _QME ALOW THE STREETS, AVENUES,
AND HIGH j^IAYS CF THE CITY OF MIAI!II BEACH, AIT RE,GULI.,TING �
TIDE C CST STRUCTI OST , OPERAT I OI AND 1A I1,TF�q ANCE THEREOF.
BE IT CEDAINED BY THE C IIIY C OU14C IL CP THE SAID CITY OF hII. II BEACH, FLORIDA:
Se cti on 1.
That Carl G. Fisher , C. R. Cummins , Arthur C. Newby, J. H.
McDuffee ana George ii. Kline , their successox•6, heirs, legal represent-
atives ana as signs, ( includin6 especially a coxp cr ation noir in process
o= formation, which saic-L corporation is being o rgani zea by the above
nanea grantees ) hereinafter termed tht grantees, are hereby gxanted
the right, privilege ana Iranchise to construct , equip, operate and
maintain a railway of stand.a,ra gauge on, over and along, such streets,
avenues ana highways of the City of Miami Beach, in the State of Flare i da,
which said avenues , streets and highways are as follows , to-v�it ; �
Alton Eca, d from the North line of �ifth Street Southeasterly
to the So'mth line of First Street; .wir st Street from Alton Road East
and Easterly to East line of Miami Avenue ; Miami Avenue from the
South line oi Hirst Street Northerly ana Forth to the forth lime of
Nineteenth Street; Nineteenth Street to the East line of Sheridan
Avenue; Sheridan Avenue from Rineteenth Street to North line of-
Boulevard
fBoulevard North of Canal; thence Southwesterly along Boulevard to
Nest boundary of Alton RoacL produced North; thence Southerly along
Alton Road to South side of Fifth Street.
Also, commencing at the intersection of Miami Avenue and
First Street and. extending East to the mast line of •
thence Northerly along to North line of Second-
Street-
econyStreet; thence 'Westerly along Second. Street to Nest side of Miami
Avenue ;
of__- tr-e er t.
Section 2.
That the motive power used in propelling cars over the lines
of railway covered by ti-iis franchise within the limits of the City of
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Mimr i Beach, anti any future extension 01: the privilege ana use of
streets hereunder within said limits, shall be other than steam or
animal power; except , however ,, that steam power, horses and mules
maty be used in the construction ana building of any portion of said
rail way.
6e ct ion 3. `
That said rail ay shall consist of a single track of stand-
ard gauge or double track when aes irea., i= approved by the Gi try
Council. 'There shall be such branches , switches ana turnouts as may
be agreed upon and locatea under the direction oi: the City Council of
the City of mi' ami beach from time to time. Plans for all bridges
propce ed to be built by grantees must be approved by the Baia City
Council; that the track o f said railway shall run down the side of
each street at such places as may be desigaa.ted by the Gi ty Gounci 1
over which this franchise shall operate , unless otherwise autharrized
by the city uouncil of the city of 10.iami Deach,
Section 4.
' Int electric power is used in the propelling oT cars in such T;
form as to m cessitate trolley wires and current transmission service »
(a) ThCt there shall be provided trolley wires and all
ne ce s s dry and c ory e ni en t f.i.xtu re s an a appur t en an ce s re e dT ul in the co n-
struction and operation of such a line of railway by the grantees, and
said grarxtees shall have the right to construct , for the purpose of
transmitt ing power Jb r the propulsionn of its cars, overhead trolley
system, suspended on posts placed along said streets , avenues and
highways as the city Council shall direct, the same to be subject,
however , to all restrictions , limitations and regulations hereinafter
contained, and such further reasonable regulatiorjs ana restrictions
as may be imposed by the Gity council of the City of Miami beach from
time to time ; providir,, , that the method ct bonding of the electric
lines carrying return current shall be so safeguarded that it will
not obstruct any existing city or future city water supply or con-
taminate the water;
(b) That all wires suspended from trolley pce is shall not
be less than eighteen reet above the surface oz any streets, avenues
or highways , ana there snall be provided such guard wires as may be
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necessary and proper to gr event broken leads, carrying cables or vt res
from t a.11ing to the streets;
( c ) That the trolley posts shall be md,de of painted metal,
or concrete , ana snap be so placed as to cause the least possible
interteren ce with the property rights , tangible or intangible,, of the
property oim ers along such streets occupied by the grantees herein;
and whenever a sidewalk or curbing is cut into, torn 'up or removed,
the sane shall be replaced by the grantees herein. and such replacing
shall be done in a skillful and workmanlike mariner , so as to fit
neatly and closely in and around the base o f said trolley posts and to
the satisfaction or the Street committeeman or vity .engineer;
(d) That the grantees herein agree that the said (.)i try 01
Idit mi peach may use the poles of the grantees for the installation and
rm.intenance of its fire alarm system and police alarm system. ane if
electric motive power is used on s ai d. street railway that grantees VA 11
also furnish electric power to charge the storage batteries oz such
alarm system, free of all charges;
(e ) That all trolley posts shall be placed on such line or
lines in the street or streets over which this franchise operates, as
may be indicated or prescribed by the city Counci 1;
( f) in all cases where the streets are sufti c ie ntly wide for
the trolley to be hereafter constructed to be run down one side o= the
street so as not to interfere with the paved portions of sa.ict street ,
am where the Ja. yi ng o z said street car 1 i ne 5 1 o nc one Ei d e of said
street shall be feasible and practicable , then under such ci 3:vumstances
the grantees herein shrill construct their line on one s iae of the paved
portion of sai u street , and should any portion of said street be used
in construction of said line along one side of the main paved portion,
be destroyed or impaired , then the grantees shall within sixty ( 60)
days thereafter cause said damaged portion of said street to be repair -
ed ana re-constructed so as to place same in as goon condition as the
remainder of said portion of said street.
Section 5.
If gasoline motors are used on the cars operated over the
lines of the grantees throughout the city, thCt the said motors or
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engines shall be muffled at all times , and all unnecessary noises or
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disturbances avoided in the operation of such cars.
Section 6.
That all works and improvements o f said grantees shall be
constructed unaer the supervision of Committeeman on streets, and of �
an engineer employed by the grantees and approved by the city wound 1.
The City bngineer shall furnish a ll necessary maps , profiles, and other
information necessary to enable said grantees to coliform to the est-
ablished profiles of all streets and avenues, ana. for all street and
avenue crossings anu .utter i nEs.
Section 7.
The City reserves the right to cross said lines with any
water or gas mains, drains and sever pipes , and with telephone, tel-
egraph or electric wires or cables at all times, vdth as little inter-
ference as possible with the operation of said lines, and the said
city also reserves the right to grant permission to the telephone ,
telegraph and electric light companies from time to time to cross
said tracks and lines with the necessary wires and cables; and the
City also reserves the right to oche ivi se regulate the use of said
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streets with regard to the different franchies mentioned, including
this franchise , :and any hereafter granted, and any firther extension
of existing franchise or any that may be hereafter granted by the City.
Section 8o
In the construction of said r ai lvray system, where grades are
estabiishe d, the surface of said grantees ' tracks shall conform to said
grades , but where no grades are established, the track of such railway
system shall conform to such grades as may be furnished by the city,
provided that in the event said grantees shall fail to make their
tracks c onf o rm t o the exist ing grades, or t h e g rade iv en by the city
that it shall be the duty of sai .i grantees to bring such tracks to
such grade at its own expense, and upon order of the ui ty Council of
said City of Miami peach, within thirty ( 30 ) days from the date of
said order.
Section 9 ,
It is further Ixov ided that whenever the line of said grantees
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f' tracks traverse any street upon which the pavement is constructed,
g it shall be the duty of said grantees, after laying their tracks , to
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restore said pa7ement v�tere injured or destroyed , taken up or removed,
to its previous condition as nearly as may be , except, however, that
such grantees may pave the space between the tracks Lind for two feet iWO
on the outside of each rail with vitrified brick, creosoted block or
such other material as shall be required by the City Council of the
City of Miami .beach; all paving rx terials shall be of standard
quality, to be approved by the i:ity council of idia.mi reach, provided,
however , and with the uni er standing and condition that wherever and
whenever the said City shall pave any street or avenue !_-,forementioned
in this paragraph upon which saia line of ra.ily ay is constructed, it
shall be the duty of said grantees to corE truct or pay the cost of
construction or pcving the space between the tracks am two feet on
the outside ote ach rail as laid, the said paving to correspond to
and be of the character and material specified in the provision here-
in set forth in this section or as othe nvi s e specified by the City
Council of said Ci ty. a t ear
wc-u
--atr--et or - h tI trae ks of the.
s-ai.&- gra nt a as---my- -a--1 ---as---pa-rkw-ate
6e ction 10,
That the saia grantees are to maintain the paving herein
required and. all other pav iqg required under the provisions of th is
franchise in good condition and repair during the time the tracks of
the said grantees remain in and upon the streets and avenues of this
6 ity, except where the duty o: the maintenance o: said pavement may
rest upon the city or arty contractor constructing said pavement under
employment of the City, provided, however , that the said grantees
shall construct along their tracks detachable curbs, or blocks of
r
sufficient wicatn to enable the said- grantees to take up or repair
their tracks or rails without disturbing arty pavement of cement or
asphaltic character used on any street.
Section 11, _
That upon the final determination of the city Council to pnv. e
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any street or avenue upon which the line of said railway may be, it
shall cause the Clerk to give notice of such determination to said
grantees, anti said grantees shall at their own experee construct
its portion of such pavement under the supervision of the City Vnginpaer
and according to the plans and speciiications adopted by the City
Council- and it shall be the duty of said grantees to carry forward
their paving in conjunction with the progress of the paving for the
City , and in every vmy to as little as possible hinder 8nd delay the
City in its contracts. whenever the grantees fail or refuse to cam-
ply with any of the obligations under this section or section 9 pre-
ceding,, or any other section of this franchise relating to the main-
tenance of, p,,:-.ving ana repair of damages to streets by reason of the
us e thereof by the said railway, the City shall have t he right in addit
ion to the other rights and remedies expressl:; or by law reserved to
it, to cLo or cause to be done the things required hereby to be done by
the street railway company, anft the city shall have the right to
collect from the grantees and the grantees shall be li!:,ble to the
City for all the cost and expenses thereof , including costof suit a nd
attorneys' fees,
Section 12 , 4"
At all points where said street railway tracks cross the
tracks of any steam railvjay company, the said gran tees shall stop
its cars and shall not proceed across the tracks of such steam rail-
way company until the conductor or other employee of said grantees
from said crossing shall signal the motorman or striver of such car thaw
track is clear. It i s provi ded, however . that failure t o comply
vvi ter this clause shall not be construed or deemed a forteiture of this
franchise.
Section 1Z.,
That the said grantees shall stop their cars for the purpose
of taking on or discharginE passengers on the near side of the street
crossings ; and all cars shall cow to a full S top b efore crossing an
cz�
intersecting railway line. !'ull stops shall also be made at every
other street or avenue crossing where passengers o-esire to board or
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alight from said cars. Irbe grantees shall place signs at such places
where passengers are received or discharged.
Section 14.
.= Q,ar s shall be run to arA t rom Yi ami , Florida, and around
the belt line first set forth herein with such frequency as tomain-
tain a reasonable schedule which may be fixed by the city Council (and
in no event shall the schedule be less than one trip an hour between
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the hours of 6 A.M. and 11 Y.17, and the fixing of this minimum
schedule sIa ll in no event be construed as effectire- the reasonable-
ness of other requirements with respect to the fixing of schedules
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by the city Uou.nc it exceeding in frequency this minimum) , and at all
times and places the car s of sai d gran tees shall be run at a reason-
able rate of speed, ani in no event shall any street car be run or
operated at a greater speed than twenty-five miles per hour. Failure
on the part of the grantees to comply with any order , resolution or
ordinance of the ui ty Council regulating or att enpti rg to regulate
the s reque ncy with which cars shall be run, or fixing or attempting
to fix any schedule , or iixi. ng or attempting to fig any time at which
the first car shall run in the morning and the lit car at night, s hal l
not work a for:leiture in whole or in part of this franchise anti 1 such
order, resolution or ordinance shall have been shown to be reasonable
in all its r equ.i remert s by some court or courts of competent j uris-
ai cti on, and upon the entry of an order or decree of any court of
competent jurisai eti on, then the grantees shall have six ( 6 ) months
after such entry to comply with such decree before working a f or-
feiture, and the city council may, in its discretion, grant such
additional time to the grantees for compliance with the court 's decree
as the necessities of the case may require.
Section 15.
The entire system of tracks , trolleys, rails, cars and
equipment shall be first-class and suitable in design for the service
of which it is intended* The rails to be used in the construction of
said railway shall be of not less than sixty ( 60 ) pounds fi&t per
yard in weight. All cars shall be equipped with suitable brakes and
lights and said cars and machinery for operating the same shall at all
times be provided TAth good and proper appliances for protecting the
lives and persons of passengers on s ai cL r oaa , and of the traveling
public on and across the streets over which said road may "be operated.
Section 16.
All policemen ard paid members of the z ire department while
in the discharge ol their duties and in proper uniform, shall be
free on all car s.
►:;e c ti on 17.
The ch arge s for transporting passengers to be exacted by the
said g rantees herein, shall not exceed the sum of five ( 5 ) cents each
for one continuous passage over the grantees ' line from points within
I� the city limits to any other point in such city, but such limit on the
price shdl l not lzevent the exacting of an additional fare for the
return journey, ana. the �antees shall furnish transfer tickets =nom
one roan to another on cross streets or extensions of its line , to the
passengers making one continuous journey from one point to another
in Uhe corporate limits of the Ui ty of Miami peach in the same general
direction, free o= extra charge, children under five years o: age,
when accompanied by adults paying- fare, shall iDe carried free. �.
It is provided, however , that in the event that the just and
reasonable prices or cost of maintenance , equipment and operation of
said street railway shall so increase as to cause the grantees herein
to -Mae money on the investment mace hereunder at the rates herein-
before m&fttlenod provided, and it shall be made to appear to the Uity
council and to its satisfaction that such is the case , then in such
event the sai u ,grantees shall be allowed to increase their rates to
such a sum as will return to the grantees a nfit ear.ninS not exceedirg
six iter cent, on a reasonable value of the; stock, necessary equipment
and tracks of the said grantees ; Lhat is to say, on the reasonable
value of all of the necessary ana incid.en'Ual pj. operties, both real
and personal, hely by the grantees under this franchise and held,
used or maintained in the operation of its said street rai.ly ,ay,
not including the ve,,,lue o ± this franchise.
And provided, further, that the proviso herein relatirC to the
increase of rates shall not become operative until after the expiration
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of five years from the time of the election confirming this franchise.
Section 18.
The wxs of saia railway s hal . at all times be entitled to
the track, and drivers of all vehicles on the trach or by the side
thereof shall turn all vehicles out on the proper signal of the approati
of any car, and failure on the part of the said driver, after proper
signal from the motorman or driver os saia street car , to vacate s ai a
railvvay track:, shall subject the said driver of such vehicle to arrest
and fine not exceeding :6-ifty Dollars ($50 ) for each o Tense ; provid-ed,
however , that fire engines ana otter Lire apparatus of the city of
Miami Beach shall at all times on the sounding of the alarm of fire ,
have the right o± way over and. along the said track of the said street
rail«ay, ana the cess o= the said. street railv�ay shall be stopped
a:rber tree sounding of the =ire alarm anu upon the approach of the fire
engine , hose carts or other tire apparatuu anti shell remain standing
until the same shall have passed..
Section 19,
The grantees herein shall promptly pay all tabes and assess- j
f
ments , geimral and special, that may from time to time be lawfully
levied arm a ssesse a by the 0i ty of Miami Beach.
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Se ction 20.
The said grantees shall have the right to handle freight
cars over its line et certain hours of each day, to be designated by
the City Council from tinge to time , unaer such restricti ons and r eg-
ulations. as the City Co-ancil proposes for the protection of the best
interest of the City ana welfare of the public.
Se eti on 21.
The grantees ana their assigns agree that whenever any
interurban line with motive pover other than steam. or animal, shall
desire to enter into the city o= Miami Beach, the grantees shall allow
said interurban lines the use of the tracks and street railways of the
grantees for such entrance for a reasonable charge therefor , to be
agreeu upon between saia interurban line or iines and .grantees, and
in case of their failure to so agree, the points in dispute shall be
submitted to arbitration, each party to select one arbitrator and the
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two so s ele cte ct shall sele ct an umpire, and, after giv ing bot,-, parti es
oity t o oe he ar a, a,
zhe saia rbiVrators shall make an awaxd
pportun •
that s ha 11 'be t i na l and binning on botn parties, and shall ue a rule
,. al •�u.risai ction autnoriz eci to take cognizance of
of any court o--,-' general ner a
the subject ana enzo
rce it a5 SU-ch; it being understood. that the City
of Mi3.mi .each shall impose on the grantees anc�- o�,Rners of said. sub-
urban 1 in e s,
such other restrictions and conditions as nay be nee-
essar y and proper in
Handling such suburban traffic within the said.
Miami ��e ach. The ar bitx•at ors shall .b e wholly impartial ani.
G i ty of -
ancx
shall be practically conversant with the special
cai s i liter e st e a ,
e pro ceecLing with their duties , take an oath
subject, ana shall befor �
im artially adjuage the di_tterence between. the grantees
p
to fairly and
line or lines, anct shall rave nut pori ty to make
&.,n d the sai a interurban
any -rule with refer
enthereto which �1�Y 'be equitable, and shall have
the right to
determine the right route to be pursued by s ai a inter-
the
rens and egress from the pity wit n their sub-
urban cars in their
urb�::n traf=fic, the particular trac:� which they shall use, �.na the re.r�-
a l to qe p 8i d. t h
eref or for the use of t'ns tracks , trolley or power to
s ana to �t t le , determine add act just all
be furnished. by s ai a grantee ,
vision of the grantees '
matters resulting from a dispute over taxis pro
franchisee
Section 22•
shall commence construction of said railw ay
That the grantees.grantees.grantees.
i n time t o c orrpl e
t e a 1 ine from the causeway end in the City Of Miami
ii so
on ��o ad
Beach, youth on to Fix` st street and fast on First Street
r so th ata complete line s i).ll be finished from the
to Mi ani r-venue ,
. -�- end of the causeway eway t o Miami venue Ninety ( 90�
City of laiami Beach
days atter
the completion of the ca.u.seway, and the sining„of a con-
tract With the -board- of County Coa:missioners of Dade County, Florida,
and a complete belt line, first above designated) shall be finished
within one year :i rom the date ci the ratification of this frarichis e
Section 2:5•
Subject
to the cond_Ltions ana understanain- herein expressed
it is understood
that the life of this Banc hise shall be from the date
axis franchise and enaii'�' thirty ( 30 ) yea?-'s from, said.
e of t-
of acceptanc
date of acceptance. 10
The right is Teserved by the City of Miami Reach, Flori aa,
to purchase the str(-.e t railviray which may be constructed and operated
by the grantees at the termination oi- this franchise at a valuation to
1 _ be fixed by arbi6ration as proviaea by law in. Sec#ion 1015, general
Statutes of the State of t,lori da., of 1906.
Section 24,
Any failure, neglect or recusal of the grantees herein to
fulfill all and, every provision and condition of tICIs franchise for
a reasonable time shall work a iorfei tare of the same; provided
strikes and the acts of Goa ana other causes beyond the control of
the grantees shall not be deemed or construed as a forfeiture.
Section 2b,
This o rdi nance shall take effect and be in full fw ce from
and after its passage by the Uouncil, approved by the Mayor , accepted
by grantees , publication and rat i:Licati on by the voters o± the ui ty of
Miami Reach, I'loriaa., at an election held for that purpose ; and all
other ordinances of the Uity of Miami jea,ch inconsistent hereilr ith are
hereby repealed.,
Passed and a a op tea t h i.s 1 day of
Signed - W.E.NOETON President
I.
Attest
i.T. .�`.�2?ovA Ci tsy Cl qrk . n
C4-/( L�i
Approved this 1:8�- day of M*r- , D, 19 9.
Signed - TH0 J, PA COA T, Mayors
(SEAL)
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