The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-16

Section 9. That the said grantees;
their associates and assigns, snao
keep and maintain the streets
tween its tracks and for eighteen liel
inches on either side thereof IN INC
same condition as the city snail Keep
or require TO be kept the same streses
adjacent to the parts occupied Dy
said tracks and shall. construct an
maintain all necessary interseetins
street crossings over their said roau
bed and tracks, and whenever the CT!
or AUDITING property owners on any
OF said streets shall improve, grade OF
pave any street or part Of street upon
which said grantees, their associates
or assigns, shall constructs their said
tracks. or any part thereof, the sail
grantees, their associates and assigns,
shall at the same time or upon NOTICE
given by the proper city authoripeS'
improve. grade or pave the space De
tween the rails and tracks and 1or
eignteen (1S) inches on each sac
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 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 accordance with the
terms of the charter or ordinance of
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
tenance of said right-of-way In some
otner material TO be approved by the
. Board of Public Works shall be SUM-
cient compliance with this ordinance.
! Section 10. The rights, franchises
or privileges herein granted may be
availed of by the grantees and their
associates, and the grantees, their as
/, sociates and assigns shall nave the
right to assign the same to 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 and
a deed shall be executed by the city
to said corporation or its assigns or
the grant covered by section three
! Section IL Ali laws or parts or
laws now existing on the records OF
the city of Pensacola in conflict with
any of the foregoing rights. privileges,
powers and franchises herein COLI
i veyed and granted to the said F. C.
Brent, c. NJ Ccvington, ]. A ChafHn,
'iC. W. Lamar and ]. C. Avery, or their
assigns, are hereby declared repealed.
Provided that this section shall not be
construed to affect any previous and
now existing grant of any right or
privilege to any other person or cor
poration.
Section Il. The grantees and their
associates or assigns shall be allowed
ten (10) days from hepassage OF thisor
dinance within which to file written
acceptance of the same in the Office
of the clerk Of the city of Pensacola,
Florida. II said acceptance is not filed
with the said city clerk Of Pensacola
as above provided within ten (10) days
from the passage OF this ordinance,
: or if at any time after the said accept
ance shall have been filed, the said
grantees. their associates or assigns
Snail fall to comply with or perform
any of the terms or conditions, which
by this ordinance they are requir
ed to comply with or perform
then all the grants, rights and privt-
eyes granted under this franchise shall
terminate and the said grantees, their
associates and assigns shall cease To
have any further interest or rights
Hereunder
Section Ii. Nothing herein shall DC
construed as the assertion or claim BY
the city OF Pensacola Of title or claim
to any part Of the property, mention
ed and described in the injunction
granted by the Hon. Chas. B. Parkhill
Judge of the Circuit Court of Escambis
County, Florida On January 9Th, 1905
in the cause pending in said cour
wherein James McCullagh, j. j. Sui
livan and NJ. A. Quina are complain
ants and the City Of Pensacola Is de
PENDANT.
: Passed May. 9Th. 1905.
Approved May 9Th. 1905
IT F. WELL LES