The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-09
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shall discontinue the use thereof, for
twelve fif1 consecutive months, after
having made use of such street or
wharf, in the manner provided by this
ordinance and any privileges herein
conferred which shall not be ayailed
of within two Cd years fFem the pas
sage OF this ordinance by the grantees.
their associates and assigns, shah
cease to exist.
Section 8. Nothing In this ordinance
shall BE- construed 10 permit fhe coz
sfruet i0a CT aay tracks or other strue-
lures uHon any land held by valid tesss
or other title By persons othe- THAI
said grantees, tneiI associates and as
signs From. the city until the, Iermips-
ton of sacl Lease or other title OF
the same has been acquired by said
grantees. their associates or assigns
BY purchase or otherwise.
Section 7, TIE City Of Pensacola
granting the rights, privileges and
franchises herein mentioned shah lje
held only as granting such as It has
the power TO grant and not as war
Tanting The same or subjeeting itsoif
to sHy damage or liability whatever
that may occar by reason OF granting
the same, and the said grantees, their
Associates and assigns, by accepting
this granehiss granted by this orii-
nance shall thereby bind them
selves to release the City OF
Pensacola from any liability Tor
any damages to them whatever or
,casioned or arising by reason of fa7
adoption of this ordinances or By Fea,
son of the exercise or epjoyment OF
any rights, privileges and franchises
which are hereby granted and they
SHAH thereby bind themselves 10
iaaemnif y the City of Pensacola
of and from any and all liability 10
which it may be Subjected thereby.
Section 8. The tracks of the SAID
railroad in ali the streets above men-
tianed shall BE- laid and maintained
upon the grade designated therefor
by the city authorities, except that
where no grade therefor shall have
been established by the city author;
Ties, prior to the construction of said
road bed. said grantees, their asso-
ciates and assigns, shall have tae right
to conform as nearly as practicable to
VIC ARL4A a EAo4C vi Tic AdA4l O4l IL
all cases the railroad bed and tracks
shall be made 70 conform to the grade
fFon time to time thereafter establish
ed therefor by the city authorities and
upon ali the streets heretofore men,
toned said tracks shall be laid 'snd
maintained SO as 70 admit OF the fFee
and easy passage of vehicles along
and across any and every part of said
streets.
Section 3. That the said grantees
their associates and assigns. shat
keep and maintain the streets be
tween its tracks and for eighteen fiS)
inches on either side fnereof, IN the
! same condition as the city shall keef
OF require 10 be kept the same streets
:, adjacent to the parts occupied b
tsaid tracks and shall construct an
!; maintain 81 necessary iHtefseetias
j. street crossings over their said toal
bed and tracks. and whenever the citl
or ahutting property owners on ana
! OF said streets shall Improve, grade Of
pave any street or part OF street HpoI
!, which said grantees, their associate.
, or assigns, shall construct their sail
tracks. or any part thereof, the SAIL
grantees. their associates and assigns
shah at the same time or upon Retics
! given by the proper city authorities
:, imRrefe, grade or pave the space he
tween, the rails and tracks and 70
; eighteen f1Sl inches on each sid
thereof, in the same manner and viii
. the same material as is used in improY
ing, grading or paving the FsmaindeI
, OF the said street, adjacent to the sal
= rails and tracks, and shall maintai:
{ the same In good order and condition
|, TO the satisfaction Of the proper cit.
authorities In accordance with tn.
terms OF the charter or ordinance D
|. the city Of Pensacola Provided, how
> ever, il the character of paving use.
: by the city Is uasuitea to a raiifoal
: track then the construction and main
= teasHee Of said Fight.efwsy in SOM
) etaef material to be approved By tn
| Board OF Public Works shall be suff
! Client compliance with this ardinaaes
p Section 10. The rights. franchise
, or privileges herein granted may b,
, availed OF by the grantees and thei
: associates, and the grantees, their as
| sociates and assigns shall have sth
J right to assign the same TO a corpora
: tea hereafter to be organized 70
/ tbs purpose OF building and operating
; said Failfaad from Pensacola. Fla
: to Andalusls, Ala: the gFantee
| and their associates cannot sell o
! ALLEVIATE such rights, franchises @
! Privileges for speculative profits. bu
: upon the com pletion OF said RAILROAD
} said rights, franchises ana privilege
} shall remain forever the property Q
! said corporation and its assigns an
J Q deed shall be executed by the eit
} to said corporation or its assigns O
the grant covered hy section three.
Sactioa IL All laws or parts G
, laws Rey existing "a the records @
: the city Of Pensacola in conflict vii
j any Of The foregoing Figats ,, privileges
J powers .apd franchises herein cor
: yeTed and granted to the said F, {
|. Brent, c. NJ Covington, J. A. chaffir
] G. w. Lamar. and ]. C. AFerF. or thei
, assigns, are hereby declared repealed
! Provided that this sectian shall lot b
teonstrue5 q afieet any previous sn
, now existing grant of any right .
privilege 70 any other person or CO..
/. psratiea
) Section IL. The grantees and thei
} associates OF assigns shall be Above
ten dfl days freEa shepassageefth this o
4 zffnauce xtfhf, uhioh - a1a -y-;.s.