The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-01
CITY COUNCIL IN {g
SPECIAL SESSION


ed by the United States government,
and between Barcelona Street on the
East and Devflliers Street On the
West. for the purpose Of the construc'
ton of piers and warehouses, and the
running OF tracks thereon, and also
the riehf to build wharves on Reus
Street. and lay tracks thereon, as
required BY The business of the SAID
road. The grant here5y made. and
the rights hereby conferred are sub
ject to the nroyisions OF The Act OF
the Legislature granting said space TO
the City OF Pensacola.
There is also granted hereby to the
said grantees. its successors and as
signs. fer depot and terminal Durpo-
ses. al the land owned by the City
west OF and bordering on Spring
Street. and lying between Garden and
Romano Streets, and the said grantee.
its Successors and assigns, shall have
the right to convey to the Pensacola,
Alabama and Western Railroad Com
pany, a corporation of Florida, its sue.
ceSsors and assigns, 3 one-half inter
est in the lard granted by this Sec
ton, and in the use thereof for such
depot and terminal purposes. or TO ar
range with the Pensacola, Alabama &
Western Railroad Company, its sue
cesSoTs or assigns, for the joint use
of any depot and terminal facilities
erected thereon by the grantee, its
or assigns, upon terms to
be agreed upon by the said grantees,
its successor or assigns. and said
Pensacola, Alabama & Western Rail
road Company, it's successors or as
signs.
Section g. The night is reserved to
the City to grant the privilege to other
railroads TO cross any track laid on
the streets hereby granted and to pass
and enforce such reasonable regula-
tons and requirements as TO the man
ner of operating the railroad upon any
of the streets or wharves and the To-
cation and number Except as hereia
provided) of tracks therein
as 1t may deem necessary and proper.
Section 4. Work on the main line
Of said railroad between Pensacola
and Andalusia shall be commenced be-
fore March /, 1906. Failure to comply
with this provision of this Section
shall operate as a forfeiture of all
the grants, rights ana privileges
granted hereunder. The work on the
spur tracks and wharf tracks shall
DO completed from time to time as
the necessities of business require.
The entire road shall be completed
from Pensacola to Andalusia, Ala
bama, on or before September 1, 1907,
and a failure to complete the same
within the said time shall operate as
/ forfeiture of all the rights and grants
and privileges granted under this
franchise. If any street not now
under wafer orathe land on Spring
Street granted for depot and terminal
purposes shall not be occupied for the
purpose authorized heFein by the
grantee, its successors or assigns.
lnder the privileges herein conferred.
before the first day of September,
L909, all privileges herein granted
'Eall cease as to any ouch street or
aid depot and terminal property AMI
aid privileges shall cease also as t0 |
my such street, wharf or other prop
,rty If the grantee, its successors or
lssigns shall discontinue the use there-
If for twelve consecutive months,
Ifter having made use Of said street.
wharf or other property in the man.
Ter provided by this ordinance.
Section 5. Nothing in this ordinancei
hall be construed TO permit the con-
truction of any tracks or other
tructures upon any land held under
NY valid lease or other title by any I
'erson or persons other than the said
,rantee. its successors or assigns,
rom the City until the termination
t such lease or other title or the same
hall have been acquired by the said
rantee, its successors or assigns. BY
or otherwise.
Section 6. That the City of Pensa-
ola in granting the rights, privileges
nd franchises herein mentioned shall
e held only to grant such as II has
be power to grant, and not as war
antfng the same or suhiecting ITSELF
D any damage or liability whatever
hat may occur by reason of granting
be same, and the sai6 grantee, its
uccessors and assigns by accepting
be franchise granted by this ordi-
ance, shall thereby bind themselves
} release the City of Pensacola from
ny liability for any damages to them
-hateyer occasioned or arising by rea-
On of the adoption of this ordinance or
reason of the exercise or enjoyment
any rights, privileges and franchises
-hich are hereby granted, and they
hall thereby bind themselves to in
emnify the City of Pensacola against
ny and all liability to which it NAV
e subjected thereby.
Section z. The tracks of the said /
abroad in all the streets above men
oned shall be laid ard maintained
pom the grade designated therefor bv
re City authorities, except that where
. Grade therefor shall have been Is.
Iblished by the City authorities prior
the construction OF the said road.
ed, said grantee, its successors anu
'signs shall have the right to con
'rm as nearly as practicable to the
stural grade of the land. but in ali
Ases tie railroad bed ard tracks shall !
I made To conform to tie grade from
me 10 time thereafte. established ,
Ierefor by the City authorities. and .
pom all the streets heretofore men,
0ned, said tracks shall be laid and ,
ainfained SO as to admit of the free
10 easy passage of vehicles along .