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RS 112 Convention of 22 June 1875 between the Swiss Federal Council and the City Council of the City of Bern concerning the benefits of the city of Bern 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

Convention between the Swiss Federal Council and the City Council of the City of Bern, concerning the benefits of the city of Bern for the Federal seat

Conclue, June 22, 1875

Ratified by the Municipal Commune of the City of Bern June 28, 1875

Approved by the Federal Assembly on July 2, 1875

Entered into force July 2, 1875


Between

Federal Council of the Swiss Confederation

And

The City Council of the City of Bern,

It has been concluded, subject to ratification, the following agreement to settle the existing dispute concerning the scope of the Federal Order of 27 November 1848 1 ,

Art. 1

The municipality of Berne transfers free of charge to the Swiss Confederation, in any property, the following objects:

A.
The Federal Palace Building, The red quarter of the city of Bern, designated under No. 229, as well as the Installations And the Furniture Which are currently in the municipality of the municipality of Bern ... 1 .
B.
The Inner courtyard, Approximately measuring Twenty-five thousand square feet Surface, which lies between the lateral wings of the Federal Palace, north of the main body of the building. The ceded area extends to a line drawn as an extension of the north side of the lateral wings.
The fountain in this courtyard remains the property of the municipality, which must maintain it in good condition and will not be able, without the permission of the Federal Council, to make any changes to its current construction, nor to the statues That adorn it. The municipality will be able, as in the past, to supply the water that feeds this fountain.
The Confederation undertook, in the case of servitude, to keep the fountain on its property. The fountain, as well as its surroundings, will be accessible to the public for domestic purposes.
C.
A parcel of the Vannazhalde, About the capacity of approximately Seven thousand two hundred and eighty square feet, On which the Confederation established a greenhouse. A plan of the assigned parcel is attached to the Convention.
The Swiss Confederation, however, undertakes, in the case of a street established along the Vannazhalde, to return free of charge to the municipality, for the purpose of establishing this street, the portion of that parcel painted yellow on The attached plan.
In this case, the Federal Council shall have the right, in the interests of the conservation of the greenhouse, to require the construction of a retaining wall, the costs of which shall be borne equally by the Confederation and by the municipality.

1 The 2 E Sentence is not applicable as a result of the caducity of art. 6.

Art. 2

The municipality of Bern will also pay the Swiss Confederation a sum of 500,000 francs, Terms that will be determined by mutual agreement between the Federal Council and the City Council. However, the last of these terms could not have a more distant deadline than the end of 1877.

Art. 3

1 In the event that the Swiss Confederation, wanting to build a new building for its administrations, would like to acquire a part of the location between the extension of the Federal Street and the new promenade of Petit Rempart, belonging to the The Municipal Commune, which declares itself ready to give in to the Confederation, at the cost of 10 francs The square foot, the necessary location, in the scope that will be claimed. This location will be taken at the eastern end of the above mentioned property belonging to the municipal municipality, or, if the efforts of the Communal Council failed to rule out the opposition of third parties against construction in this respect. Location, at the western end of this property. In both cases, the assignment will involve the full depth of the site, measuring one hundred and twenty feet. However, the municipality will only be required to transfer that parcel if the Federal Council addresses the request to the Municipal Council within three months of the entry into force of this Convention.

2 With the construction of the new administration building in place above, the Confederation assumes, with respect to the establishment of sidewalks and rigoles along the streets that border the property that will be assigned to it, the same obligations Which are imposed, by Article 5 of the Convention of 29 January 1872 between the State and the municipality of Bern, to purchasers of parcels located on the territory of the north slope of the Petit Rempart.

Art. 4

1 In addition, the municipality of Bern is obliged not to establish, on its property of the Vannazhalde, any building whose premises exceed the present height of the terrace of the Federal Palace.

2 It also undertakes to maintain as public parkway the above-mentioned terrace between the Federal Palace and the Vannazhalde.

3 In the event that the Swiss Confederation makes use of the option granted to it by Article 3, to claim the transfer of a parcel of land from the former Petit Rempart, the municipality also undertakes, vis-vis the Confederation, To establish and maintain as public parkway the remaining portion of the Petit Rempart, located to the south of the new administration building.

Art. 5

1 If, following a formal decision by the competent authorities, the building of the Federal Palace was to cease to serve at the headquarters of the Confederation, the objects referred to in Article 1 under the letters A , B And C Return, as they then will be, to the Municipal Commune of Bern, and the obligations entered into by the latter under the first two paragraphs of Article 4 will cease to have effect.

2 In the same case, the Swiss Confederation is obliged to reimburse the municipality of Bern for the sum of 500 000 francs provided for in Article 2.

Art. 6 And 7 1

1 Trans Disp. Not applicable.

Art. 8

With the fulfilment of the obligations assumed by the municipality of Berne under this Convention, the Swiss Confederation declares that the municipality has fulfilled the undertakings imposed on it by the Federal Orders of the 27 and 28 November 1848 1 , and it completely and definitively releases the municipality of Bern from any obligation and subsequent claim for benefits to be provided for the federal seat.


1 [RO I 47 48. RS 112.1 Ch. 2]

Art.

1 This Convention shall enter into force after it has been validly ratified by both parties.

2 The Swiss Federal Council and the City Council of the City of Bern are responsible for its execution. In particular, all stipulations that relate to real rights will be legally binding in law according to the laws of the canton of Bern.



RO 1 559 564; RS 1 137


1 [RO I 47. RS 112.1 Ch. 2]


State 11. July 2006