The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-23


the same has been acquired By said
gIantees, their associates or assigns
| by purchase or otherwise.
Section Z. The City of Pensacola
granting the rights, privileges and
| franchises herein mentioned shall ba
held only as granting such as il 6aS
the power to grant and not as war.
-anting the same or s16jecting itselg
TO any damage or liability whatava-
that may occur by reason Of graptino
the same, and the said grantees. Their
associates and assigns, by acceDffno
1.-THE franchise granted by this ordi,
nance shall thereby bind them.
selves to release the Civ %
Pensacola from any liability for
any damages to them whatever o..
Ecasioned or arising by reason of ia
adoption Of this ordinance OF by rea-
son of the exercise or enjoyment OF
any rights, privileges and franchises
which are hereby granted and thew
shall thereby bind themselves r.
indemnif v the City of Pensaeols
OF and from any and all liability "a
which 1t may be subjected thereby.
Section s. Tns tracks Of the sail
railroad in all the streets above men.
toned shall be laid and maintained
upon the grade designated therefor
| BY the city authorities, except that
where no grade therefor shall nave
been established by the city author.
ties, prior to the construction Of SAID
road bed,- said grantees, Their ASH
ciateS and assigns, shall have Jle righr
to conform as nearly as practicable 70
the natural grade OF the land; but n
all cases the railroad bed and tracks
shall be made 10 conform to tie grade
from time to time thereafter establish
ed therefor by the city authorities and
upon all the streets heretofore men
toned said tracks shall be laid AMI
maintained so as to admit of the free
and easy passage Of vehicles along
and across any and ever part of said
streets.
Section g. That the said grantees,
their associates and assigns. shan
keep and maintain the streets be-
tween its tracks and for eighteen C1S)
inches on either side thereof, in the
same condition as the city shall keep
or require to be kept the same streets
adjacent to the parts occupied by
said tracks and shall construct AMI
maintain all necessary intersectlng
street crossings over their said road
bed and tracks, and whenever the city
or AUDITING property owners On any
OF said streets shall improve, grade or
pave any street or part OF street upon
which said grantees, their associates
or assigns, shall construct their sail
tracks, or any part thereof, the said
grantees, their associates and assigns.
shall at the same time or upon notice
given by the proper city authorities,
improve. grade or pave the space be-
tween the rails and tracks and for
eighteen 1S) inches on each side
thereof, in the same. manner and with
the same material as is used in improV-
ing, grading or paving the remainder
of the said street, adjacent 10 the said
rails and tracks, and shall maintain
the same in good order and condition
to the satisfaction OF the proper city
authorities in accordance with the
terms Of the charter or ordinance u
the city of Pensacola. Provided, how
ever. if the character of paving used
by the city is unsuited TO a railroad
track then the construction and main
tenaIce of said right-ofway in sOms
other material 70 be approved by the
Board of Public Works shall be sufh-
cient compliance with this ordinance.
Section 10. The rights, franchises
or privileges herein granted may be
awaited Of by the grantees and their
associates, and the grantees, their as
soeiates and assigns shall nave the
right to assign the same to a corpora
ton hereafter to be organized for
the purpose of building and operating
said railroad from Pensacola. Fla,
TO Andalusia, Ala: the grantees
and their associates cannot sell or
ALLEVIATE such rights, franchises OF
privileges for speculative profits, but
upon the completion OF said railroad.
said rights, franchises and privileges
shall remain forever the property Of
said corporation and its assigns ami
deed shall be executed by the city
to said corporation Or its assigns OF
the grant covered by section three.
Section IL. Ali laws CT parts o:
{ laws nov existing on the records nj
the city of Pensacola in conflict with
any Of The foregoing rights, privileges
powers and franchises herein COLI
veyed and granted to the said F. c.
Brent, c. N CcVington, J. A Chafin
/ C. W. Lamar and J. c. Avery, or theii
assigns. are hereby declared repealed
Provided that this section shall not BE-
construed to affect any previous and
now existing grant of any right Of
privilege to any other person or cor
| poration.
Section r. The grantees and thei'
associates or assigns shall be allowed
ten (10) days FROM thepassageo OF this or
dinance within which TO file a writer
acceptance Of the same In the ofici
of the clerk of the city Of Pensacola
Florida If said acceptance is not filei
with the said city clerk of PensacOia
as above provided within ten (10) day;
from the passage of this ordinance
or If at any time after the said accep.
ance shall have been filed, the SAID
grantees, their associates OF assign:
snail fail to comply with or perform
any Of the terms or conditions, whicl
by this ordinance they are requi-
ed to comply with or perform
then all the grants, rights and pTivls
eyes granted under this franchise shall
terminate and the said grantees, their