Rs 112 June 22, 1875 Agreement Between The Swiss Federal Council And The City Council Of The City Of Bern On The Benefits Of The City Of Berne For The Federal Seat

Original Language Title: RS 112 Convention du 22 juin 1875 entre le Conseil fédéral suisse et le Conseil municipal de la ville de Berne concernant les prestations de la ville de Berne pour le siège fédéral

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112 Swiss convention between the federal Council and the Council of the city of Berne, on benefits of the city of Bern for federal headquarters concluded on June 22, 1875, ratified by the municipal of the city of Bern Commune on June 28, 1875, approved by the Federal Assembly on 2 July 1875, entry into force on 2 July 1875 between the federal Council of the Swiss Confederation and the Council of the city of Bern It was concluded, subject to ratification, the following convention to settle the dispute existing about the scope of the federal decree of November 27, 1848, art. 1. the Berne municipal commune gives for free to the Swiss Confederation, in any property, the following items: a. the building of the federal Palace, district red of the city of Bern, referred to as no. 229, as well as facilities and furniture that are closed, all owned currently the Berne municipal commune... b. The inner courtyard measuring about twenty-five thousand square feet of space, which lies between the lateral wings of the Bundeshaus, North of the main body of the building. The divested surface extends a line drawn as an extension of the Northern façades of the side wings. The fountain which is located in this Court remains the property of the municipal commune, who must maintain it in good condition and may, without the authorization of the federal Council, make any changes to its current construction to the statues which adorn it. The municipal commune provide, as in the past, to the provision of the water that feeds this fountain.
The Confederation, in servitude, is committed to maintaining the fountain on his property. The fountain, as well as its surroundings, will be available to the public for domestic uses.
(c) a plot of the Vannazhalde, of the capacity of about seven thousand two hundred eighty square feet, on which the Confederation has established a greenhouse. A plan of the divested plot is attached to the Convention.La Swiss Confederation is committed, however, to the case where a street would be established along the Vannazhalde, to lend for free at the municipal commune, to the establishment of this street, the portion of this parcel painted in yellow on the attached plan.
In this case, the federal Council will have the right, in the interest of the conservation of the greenhouse, to require the construction of a retaining wall, which the costs shall be borne in equal shares by the Confederation and the municipal commune.

The 2 sentence is moot as a result of the lapse of the art. 6 art. 2. the municipal town of Bern will pay a sum of 500,000 francs in addition to the Swiss Confederation, in terms which will be fixed by mutual agreement between the federal Council and the municipal Council. However, the last of these terms can have a deadline later than the end of the year 1877.

Art. 3. in the event that the Swiss Confederation, wanting to build a new building for its administrations, would like to acquire a portion of the site located between the extension of Federal Street and the new promenade of the little rampart, belonging to the municipal Commune, this one breaks out ready to yield to the Confederation, at a price of 10 francs per square foot, the required location , in the scope which will be claimed. This location will be taken at the eastern end of the above property, belonging to the municipal commune, or, if the efforts of the Municipal Council were unable to dismiss the objections of third parties against the construction in this place, at the western end of this property. In both cases, the assignment will include the entire depth of the location, hundred and twenty feet tall. However, the municipal commune will be required to give this plot if the federal Council to address demand to City Council within the period of three months from the entry into force of the convention.
By the construction of the new administration at the above place building, the Confederation assumes, regarding the establishment of sidewalks and ditches along streets bordering the property that will be transferred to him, the same obligations that are imposed by article 5 of the convention of 29 January 1872 between the State and the town of Bern, to the buyers of plots located in the territory of the North of the small slope.

Art. 4. the municipal commune of Berne is obliged, in addition, set, on his property to the Vannazhalde, no vessel exceeding the current height of the terrace of the federal Palace in the ridge.
In addition, it undertakes to maintain the above terrace, between the federal Palace and the Vannazhalde as a public walk.
Where the Swiss Confederation would make use of the faculty, which is granted by article 3, to claim the transfer of a plot of land of the former small bulwark, the municipal commune is also committed to Confederation, to establish and maintain as a public walk the part remaining of the little rampart, located south of the administration building built again.

Art. 5 If a formal decision by the competent authorities, the building of the federal Palace came to stop serving at headquarters of the Confederation, the items designated in article first under letters a, b and c will return, in the State where they will be so in the municipal town of Bern, and the obligations undertaken by the latter under the first two paragraphs of article 4 will cease their effect.
In this same case, the Swiss Confederation undertakes to repay the sum of 500,000 francs provided for in article 2 to the municipal commune of Berne.

Art. 7 Disp 6buttons. Trans. without object.

Art. 8. for the execution of the obligations assumed by the municipal commune of Berne under this agreement, the Swiss Confederation said that the municipality has met the commitments which it had been imposed by federal decrees of 27 and 28 November 1848, and it gives off completely and definitively the municipal commune of Berne from liability and subsequent claim for benefits to provide for the federal seat.

[RO I 47 48] [RS 112.1 c. 2] art. 9. the present convention comes into force after having been validly ratified by both parties.
The Swiss federal Council and the City Council of the city of Bern are responsible for its implementation. In particular, all of the provisions that relate to real rights will receive the mandatory form entitled according to the laws of the canton of Berne.

RO 1 559 564; RS 1 137 [RO I 47.] [RS 112.1 c. 2] 11 State. July 2006

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