The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-09-05


Railroad IN all 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
4 been established BY the City Auth0ri-
( tiles prior to the construction Of the
said road-bed said grantee. its success
sOr and assigns, shall nave the right
/ to conform as nearly as practicable %
the natural grade of the land but IN
all cases the railroad bed and tracks
! shall be made 20 conform to the grade
from time to time thereafter estab-
Hshed therefor by the City Authorities
and upon all the streets heretofore
mentioned, said tracks shall be laid
/ and maintained so as to admit of the
+ fee and easy passage of vehicles
along al across and on every part Of
said streets.
I Section S. That the said grantee. its
successors ana assigns, shall keep and
maintain the streets between its
I tracks. and for eighteen (1S) inches q
or either side thereof. In the same
condition as the City shall keep or
require to be kept the same streets al.
jacent to the parts occupied BY said
tracks and shall construct and main
tain all necessary intersecting street
crossings over their said r0ad-bed and
tracks, and whenever the City or abut-
ting property owners on any Of the
said streets shall improve, grade o.
pave any street or part of street, upon
which said grantee, it's successor ana
assigns, shall construct their said
tracks, or any part thereof, the saidi
grantee. its successors and assigns,
shall at the same time, or upon notice
given by the proper City Authorities.
improve, grade or pave the space be-
tween their rails and tracks and for
eighteen (1S) inches on each side
thereof in the same manner and with
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 cen
clifton 20 the satisfaction of the proper
City Authorities in accordance with
the terms Of the charter OF ordinances
of the City of Pensacola.
Section 9. All transfers heretofore %
hereafter made to the said Pensacola
Alabama & Western Railroad Company
by H. J.. Covingtou, A. Greenhut.W. j.
Forbes, A. NJ. Avery, H. II. Boyer. w.
A. DAlemberte. Norris Bear and john
G Avery. Of any grants. rights, privi-
leges, powers, franchises OF property
heretofore granted by any ordinance
Of the City of Pensacola TO them, their
associates and assigns, shall be and
are hereby approved and confirmed.
Section 10. That the Mayor and
City Clerk are hereby authorized and
directed to convey 20 the grantee, It's
successors and assigns, all the right.
title and interest of the City Of PEN
sacOla in and to all lots IN the water
front Of the said City embraced in the
grant covered by this ordinance upon
the payment b. the said grantee, It's
successors and assigns, on or before
March first (1sD 1906. Of the sum OF
One Thousand 81 ,00O.00) Dollars. Tho
said deed shall contain a condition
that the title of said water front shall
revert to the City Of Pensacola II the
main line of the said road shall not
be built from Memphis to Pensacola
within -Four (D years from March
first (fst) 1906.
Section H. All ordinances and parts
Of ordinances granting to any person.
persons or corporations any Of the
franchises or property shall be and
they are hereby repealed
Section u. The grantee, its success.
sOr and assigns, shall be allowed
twenty 900 days from the passing OF
this ordinance within which to file
written acceptance Of same in the
Office of the Clerk of the City Of PEN
sacOla If said acceptance Is not filed
with the said City Clerk within saidl
time all the grants, rights, and privl-
leges granted By this ordinance shall
terminate and the said grantee. it's
successors and assigns, shall cease to
have any further interest or rights
therein.
Section 10. Nothing herein shall be
construed as the assertion, or claim,
by the City OF Pensacola, Of title. or
claim, 20 any part Of the property
mentioned and described, or referred
to, in the decree of the Circuit Court
Of Escambia County, Florida. signed
by Hon. Francis B. Carter. Judge. on
the 31st day Of July, 1905, in the cause
pending In sail Court wherein James
s Heron Is the complainant and the
City of Pensacola and +. ID. Beggs,
BOykin Jones and G. NJ. COstOn, Wa
Ger Front Commissioners. are defend
ants, or as the assertion Of claim Of
title, or claim BY the City Of PeRsaco-
Ia to any part Of the property men.
toned and described or referred to. I'm
the decree Of the Circuit Court u
Fscambia County, Florida. signed By
Hon. Francis > Carter, Judge. on the
91st day of July. 1905. in the cause
pending in said Court wherein james
Mccullough. J. J. Sullivan and N. A..
Quina are The compliments and rhel
City Of Pensacola is the defendant.
Passed August 9TH, 1905.
Approved August 10th, 1905.
CHAS. H. BLISS,
Attest: Mayor Of Pensacola.
3. S. BERNARD. Clerk.