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RS 742.32 Federal Act of 10 July 1912 for the development of the network of Federal Railways on Geneva territory

Original Language Title: RS 742.32 Loi fédérale du 10 juillet 1912 portant développement du réseau des Chemins de fer fédéraux sur territoire genevois

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742.32

Federal Act for the Development of the Federal Railway Network on Geneva Territory

10 July 1912

The Swiss Federal Assembly,

Having regard to the Federal Council message of June 3, 1912 1 ,

Decree:

Sole Article

The Federal Council is hereby authorised to ratify the Convention of 7 May 1912 between the Swiss Confederation and the Canton of Geneva concerning:

A.
The acquisition of the Geneva-Cornavin station and the Geneva railway at La Plaine (national border);
B.
The establishment and operation of a connecting line between the Cornavin station and the railway station;
C.
The surrender, to the Federal Railways, of the railway of the Eaux-Vives at the national border, near Annemasse.

Annex

Convention between the Swiss Confederation and the Canton of Geneva

Concerning

A.
The acquisition of the Geneva-Cornavin station and the Geneva railway at La Plaine (national border);
B.
The establishment and operation of a connecting line between the Cornavin station and the Eaux-Vives station and
C.
The surrender, to the Federal Railways, of the railway of the Eaux-Vives at the national border near Annemasse.

Between

The Swiss Federal Council,

Represented by Mr. Forging, President of Confederation, and Gentlemen Perrier And Motta, Federal advisors,

Acting on behalf of the Swiss Confederation on the one hand,

And

The State Council of the Canton of Geneva,

Represented by Mr. Fazy, President of the Council of State, and Gentlemen Maunee And Charbonnet, State Councillors,

Acting on behalf of the Canton of Geneva, on the other hand, agreed as follows:

Art. 1

On 31 December 1912, the Canton of Geneva acquired from the railway company from Paris to Lyon and the Mediterranean, in Paris, the Geneva-Cornavin station and the Geneva line at the national border near La Plaine, under the conditions stipulated in The Convention between the Canton of Geneva and the aforementioned company.

Art. 2

The Federal Railways will assume all the obligations and rights arising for the Canton of Geneva, vis-à-vis the Railway Company of Paris in Lyon and the Mediterranean, of the Convention referred to in Article 1. Under this Agreement, the Federal Railways will become owners, the Er January 1913, from the station of Geneva-Cornavin and the Geneva line to the national border near La Plaine with all their accessories and they will carry on the operation from the same day.

Art. 3

1 Federal Railways shall construct on the basis of a preliminary draft, attached to this Agreement to form an integral part thereof, a normal railway (connecting line) departing from the Geneva-La Plaine line near the cemetery of Châtelaine, crossing the Rhone and the Arve, and ending at the Eaux-Vives station. The final construction plan shall be established by the Federal Railways after prior notice of the State Council of the Canton of Geneva; it shall be approved by the Federal Council.

2 The access roads to the stations and halts of the new line will be built by the State of Geneva and at its expense.

Art. 4

The construction of the connecting line will begin on 1 Er January 1918, at the latest. If the final studies, the procedure for approval of plans under federal legislation and the acquisition of land could be carried out before that date, the construction of the line could be further advanced.

Art. 5

1 The Federal Railways will bear the expense of establishing the connecting line, to which the Confederation and the Canton of Geneva will contribute, by means of a grant of funds, each for a third party. This settlement expense amounts to 24 million francs according to the Federal Railways. Reenter the cost of the study, the acquisition of land and construction interests set at 4 per cent a year and calculated in the usual manner.

2 Grants will be paid at the end of each construction year on the basis of supporting documents from the Federal Railways. The latter, the Federal Fund and the Canton of Geneva will participate equally in the surplus of the total expenditure or the savings made on the above quotation.

Art. 6

The Township of Geneva shall, on behalf of and with the cooperation of the Federal Railways, proceed with the acquisition, by way of purchase or expropriation, of the lands necessary for the establishment of the connecting line and shall pay to the beneficiaries the amounts Fixed. These various payments, as well as simple interest, to be calculated in accordance with s. 5, shall be charged each year on the third party due by the canton of Geneva with the content of that article.

Art. 7

The canton of Geneva will cede to the Confederation, in all property and without any other compensation, the line of the Eaux-Vives at the national border near Annemasse, with its dependencies, the whole in good condition of maintenance and free of all charges. Federal Railways will become owners of this line by this Agreement. The entry into possession will take place on the day of opening to the operation of the connecting line.

Art. 8

From the day above, the extended connecting line to the national border near Annemasse will be an integral part of the federal railway network, which will operate and maintain it.

Art.

Any disputes that may arise with respect to this Agreement shall be determined by the Federal Tribunal unless they fall within the jurisdiction of the Federal Council or the Federal Chambers under the federal legislation on Railways, present or future.

Art. 10

This Convention shall not effect its effects until after the entry into force of the following two Conventions:

1.
The Convention between the Canton of Geneva and the Railway Company of Paris in Lyon and the Mediterranean, referred to in Article 1 above;
2.
The Convention between the administration of the Federal Railways and the Railway Company of Paris in Lyon and the Mediterranean for the movement of trains on the Geneva line at La Plaine and for their admission to the railway station Geneva-Cornavin.
Art. 11

The legal ratifications of the Confederation and the Canton of Geneva are reserved. If these ratifications do not take place on both sides until 25 December of the current year, this Convention would be null and void.

Thus done in Berne, in two doubles, on May 7, 1912.


Coming into force pursuant to approval by the Federal Council 3


RS 7 214


1 FF 1912 III 660
2 ACF of Dec. 1912 (RO 28 808)
3 ACF of Dec. 1912 (RO 28 809)


State 11. July 2006