The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-15

liability Tor any daudSSS "
whatever occasioned or arising "
reason of the adoption oil this orul-
nance or by reason of the exercise OF
enjoyment of any rights, privileges
and franchises which are hereby
granted. and they shall thereby bino
to indemnify the City OF
against any and all llaDIlty
to which it may be subjected thereOy:t
Section 7. The tracks OF the salu
Railroad in all the streets above men
toned shall be laid and malntahleu
upon the grade designated therefor D!
the City Authorities, except Ihdt
where no grade therefor snail nave
been established by the City AuIhorF
tiles prior to the construction OF lht
said road-bed said grantee, lts success
sor and assigns, shall nave the IlSn'
TO conform as nearly as practicable 10
the natural grade of the lana, put IN
all cases the railroad bed and tracks
shall be made to conform to the grade
from time to time thereafter estaD-
lished therefor by the City Authorizes
and upon all the streets heretofore
mentioned, said tracks shall be lald
and maintained so as to admit OF the
free and easy passage OF NehlcieS
along and across and on every part OF
said streets.
Section s. That the said grantee, its
successors ana assigns, shall Keep anu
maintain the streets between lIs
tracks. and for eighteen (1S) ncnes
OF either side thereof, in the same
condition as the City shall keep or
require to be kept the same streets au,
iacent to the parts occupied by salo
| tracks and shall construct and main
! tain all necessary intersectlng street
/ crossings over their said road-bed ana
! tracks. and whenever the City or adult
! ting property owners on any or the
| said streets shall improve, grade o.
pave any street or part of street, upon
which said grantee, its successor anu
/ assigns, shall construct their salu
tracks, or any part thereof, the SAID
4 grantee, its successors and assigns
I shall at the same time, or upon notice
4 given by the proper City Authorities,
4 improve, grade or pave the space pc
tween their rails and tracks and LOT
eighteen QS) inches on each SIDE
i thereof in the same manner and WIN
the same material as is used In I'M
proving, grading or paving the re
mainder of said street, adjacent TO the
} said rails and tracks, and shall main
: tain the same in good order and con
/ clifton to the satisfaction of the proper
5 CITY, Authorities in accordance WIFI
: the terms of the charter or ordinances
: OF the City of Pensacola.
7 Section 8. All transfers heretofore o.
? hereafter made to the said Pensacola
q Alabama & Western Railroad Compan.
4 by H. L. Covington, A. Greenhut,,W. J
:. Forbes, A. NJ. Avery. II. H. Boyer, W
e A. DAlemberte. Morris Bear and Johl
tic Avery, of any grants, rights, priv
o leges. powers, franchises or properr
: Iheretofore granted by any ordinanc
i Of the City of Pensacola to them, thel
T. associates and assigns, shall be an
r are hereby approved and confirmed.
l. Section TO- That the Mayor an
s. City Clerk are hereby authorized an
a directed to convey TO the grantee, II
a successors and assigns, all the righ
o title and interest of the City of Pei
IS sacola in and to all lots in the waite
} front of the said City embraced in tn
a grant covered by this ordinance upo
y the payment by the said grantee, II
)r successors and assigns, on or befoT
y March first 0st) 1906, Of the sum
y One Thousand ($L000.00) Dollars. Tn
n said deed shall contain a cOnditiO
lie that the title of said water front sha
er revert to the City of Pensacola If tn
ID main line of the said road shall M
lie be built from Memphis to Pensaco
ID within Four ca years from Marc
II, first (1st) 1906.
A II nd no r
I'd Of ordinances granting to any perso
RS persons or corporations any of II
e. (fOregoing rights, privileges, power
~ franchises or property shall be ar
es they are hereby repealed.
ny Section II. The grantee, its succe
LII sor and assigns, shall be above
or twenty 900 days from the passing
NJ this ordinance within which to file
OF written acceptance OF same in Il
his Office of the Clerk of the City of Pc
ct, sacola. If said acceptance is not fil'
n with the said City Clerk within sa
time all the grants, rights, and pri'
20 leges granted by this ordinance shi
m terminate and the said grantee,
20. successors and assigns, shall cease
nv have any further interest or RICH
pr therein.
lid Section Is. Nothing herein shall
ne construed as the assertion, or clai
Of by the City of Pensacola, of title,
ne claim. to any part of the proper
lii mentioned and described, or REFER
Inv to, in the decree Of the Circuit Coz
OF Escambia County, Florida. sign
49, by Hon. Francis B. Garter, Judge,
%. the 31st day of July, 1905, in the eau
81, pending in SAIL Court wherein Jam
an S. Heron is the complainant and t
lao City of Pensacola and E. d. Beg
NJ Boykin Jones and c. NJ. Coston, v
10 ter Front Commissioners, are defer
"a ants, or as the assertion of claim
.le title, or claim b, the City of Pensa
't la. to any part of the property M
inc toned and described or referred to,
- the decree of the Circuit Court
Escambia County, FLORIDA. signed
n Hon. Francis B. Carter, Judge, on
31st day of July, 1905, in the car
pending in said Court wherein Jan
Mccullough. J. J. Sullivan and M.
Ouina are the compliments and