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

OH and over Sdch portion OF GaroSh
Street between Olivia and Donaldson
streets as win be necessary to con-
struct curve which viii admit Of
reaching a certain public alley extend
ing through Blocks ffty-five (55),
ffty-six (56), ffty-seyen (5T AMI
fifty-eight (5S) of the Maxent Tract.
said curve TO be constructed on and
over certain lots In Blocks fifty-seven
(57) and ifty-eight (5S) of the Maxent
Tract; and there is also hereby
granted TO them for passenger depot
and terminal purposes all that tne
city owns west of and bordering on
Spring street and lying between Gar
den and Romano streets.
There Is also granted to the gran
tees. their associates and assigns, the
right 10 build along Garden street,
from Olivia street westward for such
dist ance as may be necessary TO make
the tracks required to construct ~
in connection with the tracks running
eastward from Olivia street to Spring
street, herein before mentioned, suel
''Y'' is to reach from the point where
D street crosses Garden street on the
southerls side, to Olivia street at In
tendencia street, and on the northerly
side of Olivia street to Gregory.
There is also granted to the gran
tees, their associates and assigns, the
right to extend south on the east half
beyond said ~" on Olivia street, a
sufficient distance necessary to make
the head required for said ''Y- u
Said ''Y' to be for the joint
use of the grantees. their associates
and the other road designated by the
city upon the terms and conditions
fixed as hereinbefore provided. ProyiG
ed, however, that before tae said "
shall be built a plat thereof showing
the location OF all tracks. and the man
ner of construction shall be made by
! said grantees, their associates and as
signs, and submitted to and approved
by the City Council.
Section 8. That there is hereby
granted to said grantees, their asso-
ciates and assigns all the right, title
and interest Of the said city of Pen
sacola, in and to the space between
the shore line on the north and the
! pier headline established by the Uni
! ted States government and between
i Barcelona street on the east and De
Viilier street on the west for the pur.
pose of constructing thereon piers and
warehouses, and the laying Of tracks
thereon, and also the right to build
wnarves on Reus street. and lay
tracks thereon, as required by the
business OF the said road. The
grant hereby made and the rights
hereby conferred are subject to th=
provision Of the Act Of the Legislature
granting said space to the city u
Pensacola.
Section 4. The right is reserved e
the city to grant the privilege to other
railroads to cross any track laid on
the streets hereby granted and to pass
and enforce such reasonable regula
| lions and requirements as to the man
ner OF operating the railroad upor
any of the streets or wharves and the
! location of tracks as it may deem
necessary and proper.
| Section. 5. Work on the main line
! shall be commenced within six e.
| months from the passage of this ordi
nance, and work on the spur track:
and wharf shall be completed from
!! time to time as the necessities o
| business require and the road shall
/ be built from Pensacola to Andalusia
!; Alabama, within eighteen (1S) month:
i from the acceptance of this ordinance
i A failure to comply with any of the
requirements of this section shall
I operate as a forfeiture of all grants
! rights and privileges granted unde
this franchise. If any street or whaT
not now covered by water shall not b.
occupied for railroad purposes unde,
] the privileges herein conferred within
two (2) years from the passage o
this ordinance, the privileges herein
granted shall cease also as to an,
sucn street or wharf. if the railroad
shall discontinue the use thereof, foI
twelve (12) consecutive months. afte
having made use of such street o
wharf, in the manner provided by thi'
ordinance and any privileges hereiI
conferred which shall not be availeG
of within two (2) years from the pas
sage of this ordinance by the grantees
their associates and assigns, shall
cease to exist.
Section s. Nothing in this ordinanc,
| NC " pCAA tAS OOti
struction of any tracks or other struc
lures upon any land held by valid leasr
OF other title by persons other tina;
said grantees, their associates and as
signs from the city until the termins
ton of such lease or other title o
the same has been acquired by sail
grantees, their associates or assign
by purchase or otherwise.
Section z. The City CT Pensacola
i granting the rights, privileges ant
franchises herein mentioned shall b.
held only as granting such as it ma
the power to grant and not as wal
! -anting The same or subjecting itsel
to any damage or liability whateve
that may occur by reason OF grantin
the same, and the said grantees, thei
associates and assigns, by acceptin
the franchise granted by. this ord
nance shall thereby bind then
selves TO release the City O
Pensacola from any liability TO
any damages to them whatever OF
casioned or arising by reason of tn
adoption of this ordinance or by rea
son of the exercise or enjoyment o
any rights. privileges and franchise
which are hereby granted and the
shall thereby bind themselves I
indemnif y the City of Pensacol