The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-04-10

Urc To complete within the time afore-
said the construction Of the said road TO
rlthTE 81 the Two 90 points thus named
8 shall operate as a forfeiture of all The
. rights. grants and privileges granted I'M
ar inns franchise II any street not now
LhucF water small not be occupied for
the purpose authorized herein by the
grantee It's successors or assigns. under
3 tne privileges herein conferred before the
ITSt tlSD day Of September 1913. all
privileges herein granted shall cease as TO
any surh streets. and said privileges shall
other property If the railroad conpany
snail discontinue she use thereof for
/ twelve tl2b consecutive months after hav-
hl$ mad" Us" of said street. wharf or
! otner property in the manner provided in
: Section >. Nothing in this ordinance
Shau b. construed To permit the conStruc-
uon OF any track or other structures upon
any land held under any valid lease or
oIhef lltte ny any person or persons other
+ than the said grantee. its Successors or
assigns. from tn" City until the tcrmina-
u"n of such lease or other title OF the
! same ShaI! nave been acquired by the said
grantee. its SUCCESSORS or assigns by
purchase or otherwise.
Section o. That the city Of Pensacola in
granting the rights. privileges and fran
chlses herein mentioned shall be held only
to grant such ~ it has the power To grant
ana not as WdrrauJInG the same or sub
JectlnG itself To any damage or liability
Whatever that may occur by reason Of
granting The same, and the said grantee
us SUCCESSORS ana assigns. by accepting
ihe. franchises granted by this ordinance
shall thereby bind themselves to release
the city of Pensacola from any liability
FOR any damages Ia them Whatever Oc-
caSlOned or arising by reason of the adon-
lion of this oTJfu:ttt.,. on. ~ ,-..,1 ~ IL
exercise nr ":iJuyne of any rights,
D:iN rir@eS and franchises which are here
by granted. and they shall thereby bind
themselves {" ld"mHlfy the City Of PEN
Na'"Id against any and all liability 10
which il may be sub ccted thereby
Section = The tracks Of the said rail-
( road IN all the streets above mentioned
shall be laid and maintained Upon Tie
grade designated therefor by the city aUI-
thorities except that where No grade
therefor shall have been eSia bIiShed bv
tn" ClIE authorities prior to the ConStrIc-
ton Of the said roadbed. said grantee its
Successors and assigns. shall have the
rlRhl 10 conform as nearly a. practicable
TO the natural grade of the land. hut in
all cases the railroad bed and tracks shall
he made TO conform 10 the grade from
time to time thereafter established
therefor by the city authorities and upon
all the streets heretofore mentioned.
said tracks shall be laid and maintained
50 as 10 admit of the free ami easy pass
age Of vehicles along and across and on
every part OF said streets.
Section \ That the said grantee. it's
successors and assigns shall keep and
maintain the streets between its tracks
and for eighteen tlND inches on either side
thereof. i'm the same condition As The CIty
shall keep or require to hc kept the same
streets adjacent To the parts occupied by
said tracks and suaH construct and main
tain all necessary iEteTSecting street
crossings over their said road bed and
property owners on any OF the said
streets snail improve. grade or pave any
street or part of street upon which said
grantee. its Successors or assigns, shall
construct their said tracks or any part
thereof, the said grantee. its SUCCESSORS
and assigns shall at the same time or
upon notice given by the proper City sU-
thOTitieS. improve. grade or pave the
space between their rails and tracks and
for eighteen GN1 inches on each side
thereof in the manner and with the same
material as IL used In improving, grading
or paving the remainder of 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 OTdi-
nances Of the City Of Pensacola
Section ?. Al transfers heretofore or
hereafter made tC the said Pensacola,
Alabama X Western Railroad Company
b. II. l.. COvinSton- A Greenhut. w J.
Forbes. \. NJ Avery. II. H. Boyer. W.
A u AIemberte. Morris Bear and John O.
Avery. of any grants, rights. privileges.
powers. franchises or property heretofore
/ granted by anv ordinance OF the City of
Pensacola to them, their associates and
assigns. shall be and are hereby approved
and confirmed
Section 10. That the condition of the
deed heretofore executed. to-wit; April
2tth. 1906 by the Mayor and City Clerk
! to the said grantee. its Successors and as
signs, to certain lots in the water 'front.' or
the City, is hereby waived by the City
and il is hereby declared, and the
grantee its successors and assigns. VIII
agree To the same by the acceptance Of
this ordinance, that the said grantee, its
successors and assigns hold the title to
Sd id water front lots subject To the con-
dition that the title Of said lots shall re
vert To the CITY if the main line Of the
said road shall not he completed from
Memphis to Pensacola within four ca
years from January J. 1909
Section II. All ordinances and parts Of
ordinances granting to any person. per-
sons or corporations any of the foreEo-
ing rights. privileges. powers, franchises
or property shall be and they are hereby
repeal led
Section u. The grantee. its SUCCESSORS
and assigns. shall De allowed twenty
C2O) days from the passing Of this ordi-
nance within which 10 file a written ac-
CcptanCc of sam" in the office OF tbs
Clerk of the City al Pensacola II said
acceptance is not filed with the said city
Clerk within said time. ali the SraHts,
rights and privileges granted by this or
dinance shall terminate. and the sad
grantee, its successors ami assigns, shall
cease to have any further interests or
rights therein.
Section I3 Nothing herein shall he con-
Strued as the assertion Or claim. by the
city of Pensacola of title. or claim. TO
any part of the property mentioned and
described or referred TO. in the degree OF
tho Circuit Court of F.scambIa County,
Florida. signed by Hon. Francis B. Carter,
Judge. on the 3lSt day OF July, 100 IN
the cause pending in said Court wherein
James =. Heron IL the complainant ana
the City of Pensacola and + ID. BeGSs,
Bovkin Jones and g NJ CCston- Water
/ Front Commissioners. are defendants, or
as the assertion of claim Of title, or claim
bv the CITY OF Pensacola 10 any part Of
the property mentioned and described or
referred 10. in the decree Of the Circuit
Court OF ESCambid County Florida sign
Ell by Hon Francis = carter, Judge On
the 3Ist day of July, 1903, IN the cause
pending in said Court wherein James No
CuIlough, J. J. sullivan and NJ A; Quina
arc the compIanants and the city OF
Pensacola Is the defendant.
Section 4 In addition 10 the other con-
dftiOnS upon which this grant - made, II
is hereby expressly declared and the
e,rautee. its SUCCESSORS and assigns, VIII
a.,rre to tue same 10y the acceptance or
this ordinance that II the Pensacola d
Northeastern Railway Company. its sue
ceSSOrS and assigns. shall not DefpT"
January LIST 1903. secure and satisfy the
CIT Council jhat il has secured suffi"i-
eut money 10 build and equip the entire
railway from Pensacola TO Andalusla,
All, T,asna and that said money Will be
aTDlied to-Such building and equipment
i'm connection with which railway grant
is made by the city, by an ordinance Of
even date herewith 10 the Pensacola q
Northeastern Railway Company It's sue
caSSO-S and assigns. then all tine nights
ana privileges herein and hereby granted