The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-29
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person or persons other than the said
grantee, its successors or assigns,
from the City until the termination
of such lease or other title or the same
shall have been acquired by the said
grantee, its successors or assigns, by
purchase or otherwise.
Section g. That the City of Pensa-
cola in granting the rights, privileges
and franchises herein mentioned shall
be held only to grant such as it has
the power to grant, and not as war
ranting the same or subiecting itsels
to any damage or liability whatever
that may occur by reason of granting
the same, and the sale grantee, its
SUCCESSORS and assigns by accepting
the franchise granted by this ordf-
nance, shall thereby bind themselves
to release the City of Pensacola from
any liability for any damages to them
whatever occasioned or arising by rea-
son. of the adoption of this ordinance or
by reason of the exercise or enjoyment
of any rights, privileges and franchises
which are hereby granted. and they
shall thereby bind themselves to in
demnify the City Of Pensacola against
any and all liability to which it may
be subjected thereby.
Section z. The tracks of the said
Railroad in ell 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 have been es-
tablished by the City authorities prior
10 the construction of the said road
| bed, said grantee, its successors and
assigns shall have the right to con-
form as nearly as practicable to the
natural grade of the land, but in all
cases tAeiTailroad bed arc tracks shall
ot made to conform to the grade from
time TO time thereafter established
therefor by the City authorities, and
upon all the streets heretofore men,
toned, said tracks shall be laid and
maintained so as to admit of the free
and easy passage of vehicles along
and across AMI on every part of said
streets.
Section 8. That the said grantee, its
successors and assigns, shall keep and
maintain the streets between its tracks.
and for eighteen (1S) 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, AMI
shall construct and maintain all neces-
sary intersection street crossings over
their said roadbed and tracks, and
whenever the city or abutting property
owners on any of the said streets shall
improve, grade or pave any street or
- r-A, -snf. =
tee, It's Successors or assigns, shall
construct their said tracks. or any
part thereof, the said grantee, its sue
cessors and assigns, shall. at the same
time, or upon notice gwen by the
proper City authorities improve, grade
or pave the space between their rails
and tracks and for eighteen (1S) In.
ches on each side thereof In the same
manner and with the same material
as is used in improving, grading or
| paving the remainder of said street
adjacent to the said rails and tracks,
and shall maintain the same In good
order and condition to the satisfaction
Of the proper City authorities in &C
cordance with the terms OF the char
ter or ordinances of the City of Pen.
sacola.
Section 9. All transfers aeretoEors
or hereafter made to the said Pensa-
cola and Northeastern Railroad Com.
pany by +. c. Brent, G. N. Eovington,
J. A. C5aftn, G. W. Lamar and J. G..
Avery, Of any grants. rights, privil-
eyes, powers, franchises or property
heretofore granted by any ordinance
OF the City of Pensacola 10 them, their
associates or assigns, shall be, and
are hereby approved ani confirmed.
Section 10. That the Mayor and City
Clerk are hereby authorized and di-
rected to convey 10 the grantee, its
successors and assigns, all the right,
title and interest of the City of Pensa.
cola in and to all lots in the Water
Front of said City embraced in the
| grant covered by this ordinance upon