The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-04-29
NEW RAIL ROAD FROM
PENSACOLA TO ANDALUSIA

from the acceptance of this ordinance.
A failure to comply with any OF the
requirements OF this section shall
operate as forfeiture of all grants,
rights and privileges granted under
this franchise. II any street or wharf
not now covered by water shall not be
occupied for railroad purposes under
the privileges herein conferred within
two Cd years from the passage Of
this ordinance, the privileges herein
granted shall cease also as 70 any
sucn street or wharf, if the railroad
shall discontinue the use thereof, for
| twelve {12) consecutive months, after
having made use of such street or
wharf, in the manner provided by this
ordinance and any privileges herein
conferred which shall not be availed
of within two (2) years from the pas
sage of this ordinance by the grantees,
their associates and assigns, shall
cease to exist.
Section 6. Nothing in this ordinance
shall be construed to permit the con-
lstructioa of aay tracks or other strue-
lures upon any land held by valid lease
or other title by persons other than
said grantees, their associates and as
signs from the city until the termina-
ton of such leases or other title or
the same has been acquired by said
a grantees, their associates or assigns
by purchase or otherwise.
Section z. The City Of Pensacola
granting the rights, privileges and
franchises herein mentioned shall be
held only as granting such as it has
the power to grant and not as war
; -anting the same or subjecting Itself
to any damage or liability whatever
that may occur by reason of grantine
the same, and the said grantees. thei:
associates and assigns release the City
J Of Pensacola from any liability FOL
any damages to them whatever oc
casioned or arising by reason of tnt
adoption of this ordinance or by rea
/, son Of the exercise or enjoyment o.
any rights, privileges and franchise!
which are hereby granted and they
, shall indemnify the City OF Pensacola
! Of and from any and all liability e
which they may be subjected.
Section s. The tracks of the sal,
: railroad in all the streets above men
i toned shall be laid and maintaine'
upon the grade designated thereto
J, lby the city authorities, except tina
4 where no grade therefor shall nav
been established by the city authors
ties, prior to the construction of sal
road bed. said grantees, their ASST
ciates and assigns, shah have the RICH
to conform as nearly as practicable {
u the natural grade of the land; but Il
a nd r
shall be madeAo conform to the grad
| from time to time thereafter establish
ed therefor by the city authorities an
} upon all the streets heretofore meI
e toned said tracks shall be laid an
l maintained SO as to admit of the FIRE
7 and easy passage of vehicles. alon
Z and across any and every part OF sal
e streets. 2
n Section 9. That the said grantee
Il their associates and assigns, Sha
7, keep and maintain the streets b,
u tween its tracks and for eighteen (1S
J. inches on either side thereof, in til
,, same condition as the city shall kee
Il or require to be kept the same streei
y, adjacent to the parts occupied
q said tracks and shall construct an
II maintain all necessary intersectin
II streets crossings over their said roa
" bed and tracks, and whenever the cit
Dc or abutting property owners on an
re OF said streets shall improve, grade {
N pave any street or part of street upo
4 which said grantees, their associate
or assigns, shall construct their sal
n tracks, or any part thereof, the sal
lie grantees. their associates and assign
- shall at the same time or upon motto
n given by the proper city authorize
te improve. grade or pave the space b
tween their rails and tracks and Fl
lg