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Resolution 1398 RESOLUTION NO. 1398 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That on July 29th, 1925, this City Council, by Resolu- tion No. 1070, ordered that Dade Boulevard be paved, and where heretofore paved, repaved, to a width of fifty- five feet, from Biscayne Bay to the East line of Lot 7, of the Resubdivision of Lot 1, Block 1, Mid-Golf Subdivi- sion, with a Bituminous Wearing Surface on a Rock Base and Concrete curb and gutter ; as said Boulevard, Biscayne Bay and Subdivision are shown on a Plat recorded in Plat Book No. 6, Page 115; in Plat Book No. 9, Page 143; all of the Public Records of Dade County, Florida. ` And that on June 11th, 1926, by another Resolution, No. 1360, ordered that Alton Road be paved, and where hereto- fore paved, repaved, to a width of seventy feet with a Bituminous Wearing Surface on a Rock Base, and Concrete curb and gutter, from the South line of Lincoln Road to the South line of Collins Canal; as said Road, Street and Canal are shown on plats recorded in Plat Book No. 6, Pages 5 and 30, all of the Public Records of Dade County, Florida. And that on June 11th, 1926, by another Resolution No. 1361, ordered that Park Avenue be paved, and where heretofore paved, repaved, to a width of sixty feet with a Bituminous Wearing Surface on a Rock Base, from the North line of 22nd Street to the South line of 23rd Street; as said Avenue and Streets are shown on a Plat recorded in Plat Book No. 5, Page 7, of the Public Records of Dade County, Florida; and as said Avenue and Streets are named and designated in Ordi- nance No. 232. And that on June 11th, 1926, by another Resolution No. 1359, ordered that Twenty-third Street be paved, and where here- tofore paved, repaved, to a width of fifty-nine feet with a Bituminous Wearing Surface on a Rock Base and Concrete curb and gutter, from the South side of Collins Canal to the West line of Collins Avenue ; as said Street, Canal and Ave- nue are shown on a plat recorded in Plat Book No. 5, Page 7, of the Public Records of Dade County, Florida; and as said Twenty-third Street is named and designated in Ordinance No. 232. And that on June 11th, 1926 by another Resolution No. 1358, ordered that Dade Boulevard be paved, and where heretofore paved, repaved, to a width of fifty-five feet with a Bitumi- nous Wearing Surface on a Rock Base and Concrete curb and gutter, from the East line of Lot 7, of Resubdivision of Lot 1, Block 1, Mid-Golf Subdivision, produced Southerly to a line normal to the South line of Dade Boulevard at a point of tangency of the radial curve having a radius of one hundred feet, at the Southeast corner of the intersec- tion of Twenty-third Street and Dade Boulevard; as said Boulevard, Street and Subdivision are shown on plats record- ed in Plat Book No. 9, Page 143; and in Plat Book No . 21, Page 31; all of the Public Records of Dade County, Florida; ` and as said Twenty-third Street is named and designated in Ordinance No. 232; and in and by said Resolutions the City Council designated said improvements as H-86, H-92, H-93, g gigs H-91 and H-90, respectively, and set forth its intention to proceed with such improvements under Section 29 of the City Charter of said City. SECTION 2. That the Railway track of the Miami Beach Railway Company is now maintained and operated along said Dade Bo alevard, Alton Road, Park Avenue and Twenty- third Street, at the places where said Boulevard, Road, Avenue and Street are to be paved, repaved or improved as aforesaid, pursuant to the provisions of Ordinance No. 205 , of this City Council, adopted April 9th, 1924. SECTION 3. That pursuant to the provisions of Section 5, of said Ordinance No. 2J.5, said Miami Beach Railway Company be, and it is, hereby ordered to make the repairs or replacements PS to ballast, ties, rails and the raising or lower ing of the said railway track as, in the opinion hereinafter set forth of this City Council, will put said tract in such con- dition as to preclude the probability of damage to said paving, repaving or improvement heretofore ordered during the reasonable life thereof due to deterioration of said Railway Company' s track main- tained pursuant to said Ordinance No. 205, and that if this order is not complied with within a reason- able time and within time to enable said City to pave that portion of said Dade Boulevard, Alton Road, Park Avenue and Twenty-third Street occupied by such track, at the same time it is enabled to pave the remainder of said streets, the said City Council will assess the cost of such paving and a proportionate part of the incidental expenses against such Railway Company including such cost upon any intersection of highway in accordance with the provisions of Section 29, of the City Charter of said City. SECTION 4. That in the opinion of said City Council it will be neces- sary in order to preclude the probability of damage of said paving or repaving, or improvement, during the natural life thereof, due to deterioration of said track, that the following repairs or replacements as to the ballast, ties, rails and the grade of said track be made, to-wit: That said track be constructed of seven inch grooved- girder rails properly secured to 6" X 8" X 8' creosoted ties, the latter to be spaced not more than eighteen inches on centers at rail joints and not more than forty inches on centers at rail centers. That brace tie plates be installed between the rails and ties of said track at a maximum spacing of six feet. That catch basins of a design approved by the City En- gineer be installed under said track at all sumps in the grade line thereof. • r That creosoted combined trolley and feeder line poles be installed where poles are required and that said pole be of sufficient height to provide proper supports for street lights to be suspended therefrom over the center lines of said Boulevard, Road, Avenue and Street. That said track be lined and surfaced to the lines and grades established by the City Engineer on a bed of crushed stone eight inches in depth after thorough com- paction. That crushed stone be thoroughly tamped either by hand or machine tampers under and around each tie and the base of each rail, traffic being meanwhile maintained on said track. That said tamping be continued until each and all of said rails and ties are firmly and solid- ly settled and bedded into their predetermined position and free from vibration or movement of any kind. That said track be gone over and re-tamped as is required until the above condition is obtained to the satisfac- tion of the City Engineer. That all rock for the above purposes lying below the plane of the centers of the ties be furnished and com- pacted in place by the said Railway Company. That all rock lying between the center of the ties and the base of the rail be furnished by the paving Contractor but that the same be compacted in place by the said Rail- way Company. That all rock and other pavin~ materials lying between the base and the top of the rail be fur- nished and compacted in place by the paving Contractor, except that the said Railway Company will be required to tamp suitable filler material under the rail heads on each side of each rail of each track until this space is filled to the satisfaction of the City Engineer. Any defects which may develop at any time in said track construction or in said pavement because of such defects in said track construction shall be promptly remedied at the expense of the said Railway Company. SECTION 5. That said City will begin said improvement of said Dade Boulevard, Alton Road, Park Avenue and Twenty-third Street on or about July 15th, 1926, and that said Rail- way Company is hereby ordered to pave, repair and make the replacements within that portion of said Dade Boule- vard, Alton Road, Park Avenue and Twenty-third Street occupied by said track, beginning not later than July 1st, 1926, and continuing said construction with such force or forces of men and equipment as may be required in order to keep such construction well in advance and entirely oat of the way of the Contractor paving the street, otherwise said portion occupied by said track will be improved as aforesaid by said City and the cost and incidental expenses in accord with the Charter pro- visions of said City assessed against said Railway Com- pany. om- pany. PASSED AND ADOPTED this 11th day of June, A 9- 6. ATTEST: Presi ant of Cit` CouncillPro-tel ) City Clerk wr • a S . s • O H r 1_1 Fa Ht-- H0 O 0 • G7 CO