Convention of June 22, 1875, between the Swiss Federal Council and the Municipal Council of the city of Bern concerning the contributions of the city of Bern for the federal seat (federal)
Table of Provisions (8)
Statutory Text (8 Articles)
The municipal commune of Bern transfers, free of charge, to the Swiss Confederation, full ownership of the following items: a. The building of the Federal Palace, located in the red district of the city of Bern, identified under no. 229, along with the facilities and furniture contained therein, all currently belonging to the municipal commune of Bern ... . b. The inner courtyard, measuring approximately twenty-five thousand square feet in area, located between the side wings of the Federal Palace, to the north of the main body of the building. The transferred area extends up to a line drawn in extension of the northern facades of the side wings. The fountain located in this courtyard remains the property of the municipal commune, which is responsible for maintaining it in good condition and may not, without the authorization of the Federal Council, alter its current structure, nor the statues that adorn it. The municipal commune will continue, as in the past, to provide the water supply for this fountain. The Confederation agrees, in terms of easement, to maintain the fountain on its property. The fountain, along with its surroundings, shall be accessible to the public for domestic uses. c. A parcel of the Vannazhalde, containing approximately seven thousand two hundred eighty square feet, on which the Confederation has established a greenhouse. A plan of the transferred parcel is attached to the Convention. However, the Swiss Confederation commits, in the event that a street is established along the Vannazhalde, to gratuitously reconvey to the municipal commune, for the establishment of this street, the portion of this parcel marked in yellow on the attached plan. In such a case, the Federal Council shall have the right, in the interest of preserving the greenhouse, to require the construction of a retaining wall, the costs of which shall be equally borne by the Confederation and the municipal commune.
The municipal commune of Bern shall further pay to the Swiss Confederation a sum of 500,000 francs, under terms that will be determined by mutual agreement between the Federal Council and the Municipal Council. However, the last of these payments must not have a due date later than the end of the year 1877.
In the event that the Swiss Confederation wishes to build a new building for its administrations and desires to acquire a part of the site located between the extension of Federal Street and the new promenade of Petit Rempart, belonging to the Municipal Commune, the latter declares itself ready to cede to the Confederation, at the price of 10 francs per square foot, the necessary site, to the extent that will be required. This site will be taken from the eastern end of the aforementioned property, belonging to the municipal commune, or, if the efforts of the communal council fail to overcome the objections of third parties against construction at this location, at the western end of this property. In either case, the cession will include the entire depth of the site, measuring one hundred twenty feet. However, the municipal commune will only be obliged to cede this parcel if the Federal Council makes the request to the Municipal Council within three months from the entry into force of the present convention.
With the construction of the new administrative building at the aforementioned location, the Confederation assumes, with respect to the establishment of sidewalks and channels along the streets bordering the property which will be ceded to it, the same obligations imposed by Art. 5 of the convention of January 29, 1872, concluded between the State and the commune of Bern, upon the buyers of parcels located on the territory of the northern slope of Petit Rempart.
The municipality of Bern is further obligated not to construct any building on its property at the Vannazhalde exceeding the current height of the terrace of the Federal Palace.
It also commits to maintaining the aforementioned terrace, situated between the Federal Palace and the Vannazhalde, as a public promenade.
In the event that the Swiss Confederation exercises the right granted to it by Article 3 to demand the cession of a parcel of land from the former Petit Rempart, the municipality also commits, with regard to the Confederation, to establish and maintain the remaining part of the Petit Rempart, located south of the newly constructed administrative building, as a public promenade.
If, as a result of a formal decision by the competent authorities, the Federal Palace building were to cease serving the central administration of the Confederation, the objects designated in Article 1 under letters a, b, and c shall return, in the condition in which they are then found, to the Municipal Commune of Bern, and the obligations contracted by the latter under the first two paragraphs of Art. 4 shall cease to have effect.
In this same case, the Swiss Confederation is obliged to reimburse the Municipal Commune of Bern the sum of 500,000 francs provided for in Art. 2.
In consideration of the execution of the obligations undertaken by the municipal commune of Bern pursuant to this convention, the Swiss Confederation declares that the commune has fulfilled the commitments imposed on it by the federal decrees of November 27 and 28, 1848, and it fully and definitively releases the municipal commune of Bern from any further obligations and claims for contributions to be provided for the federal seat.
This Convention shall enter into force after having been duly ratified by both Parties.
The Swiss Federal Council and the Municipal Council of the City of Bern are charged with its execution. In particular, all stipulations relating to rights in rem shall be given binding legal form in accordance with the laws of the Canton of Bern.