The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-04-10
The Proposed New Railroad
Ordinances Before Council

ing the railroad upon any Of the streets
OF WhdrNeS and the location and number
| Except as herein otherwise provided Of
and proper
! Section & Work on the main line of
said railroad between Pensacola and An
! daluSia shall be commenced before Janu-
/ AIRY LIST. 1908 Failure 10 comply with this
provision OF this section shall operate as
ioLIeltHfe 81 all the grants. rights and
privileges granted hereunder. The work
on the spur tracks and wharf tracks shall
! be completed from time To time as the
necessities Of business REQUIRE The en-
tire road shall he completed from Peusa-
cola TO AnGalusia- Alabama. or before
July LIST. 1910 and a failure to complete
the same within the said time shall ope-
rate as a forfeiture Of al The rights and
grants and privileges granted under this
FRANCHISE. II any street not now under
wafer or the land on Spring street grant
ed 10Y depot and terminal purposes shall
not be occupied for the purposes authOTIZ-
ed herein by the grantee its successors
or assigns. L&rdeT the privileges herein
conferred. before the first day Of July.
cease to any such street. or said depot
and terminal property. and said privileges
shall cease also a. 10 any street. wharf or
other property II the grantee. us success
ors or assigns shall discontinue the use
thereof for twelve consecutive months af-
ter having made Use Of said street,
wharf OF other prupeTt,- in the manner
provided by this ordinance
Section >. Nothing in this ordinance
]
ton OF any tracks OF other structures
upon any land held under any valid lease
or other title by any person or persons.
other than the said grantee its Successors
or assigns. from the city until IL" termI-
nation Of such lease OF other title or the
same shall have been acquired by the said
grantee, its Successors 0E assigns, by pUr-
chase or otherwise.
Section . That tine city of Pensacola
i'm granting the rights. privileges and
franchises herein mentioned shall be held
only to grant such as il has the power To
grant. and not as warrantInS the same or
Subjectin2 itself To any damage or liability
whatever that may occur by reason of
granting the same. and the said grantee.
lis Successors and assigns bv accepting
the franchise granted 10y this ordinance
shall thereby bind themselves to release
the citv Of Pensacola from any liability for
ed or arising by reason OF The adoption OF
this ordinance or by the reason of the
exercise or enjoyment of any rights. PRIV
ilegeS and franchises which are hereby
granted and they shall thereby bind
themselves to indemnify the City of Pen
StCola against any and al liabilities 10
which il may he subjected thereby.
Section / The tracks of the said rail
road i'm all the streets above mentioned
shall be laid and maintained upon the
grade designated therefor by the city au-
thOrities. except that where no grade
therefor shall have been established by the
city authorities prior to the construction
of the said roadbed. said grantee. its sue
CeSSOrS and assigns. shall have the right
to conform as nearly as practicable to the
the railroad bed and tracks shall be made
to conform to the grade from time to time
thereafter established therefor by the city
authorities. and upon all the streets here
tOfOre mentioned, said tracks shall be laid
and maintained as to admit OF the free
and easy passage of vehicles along and
across and on every part Of said streets.
Section & That the said grantee, its
Successors and assigns. shall keep and
maintain the streets between its tracks.
and for eighteen GS) inches on either side
thereof. in the same condition as the city
shall keep or require to he kept the, same
streets ad jaccnt to the parts occupied by
said tracks. and shall construct and main
tain all necessary inteTSeCting street
crossings over their said roadbed and
ira ckS. and whenever the city or abuttlnS
property owners on any of the said streets
shall 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 notlce given pl
the proper city authorities, improve
grade or pave the space between their
rails and tracks and for eighteen CSD
inches on each side thereof in the same
manner and with the same material as Is
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 author
tiles in accordance with the terms OF the
charter or ordinances of the city of Pen
Sacula.
section @ All transfers heretofore or
Northeastern Railroad Company by r. {.
Brent. g NJ COvington. J. a Chaffin. e
w Lamar and =. &. Avery, of any grants.
rights. privileges, powers. franchises or
property heretofore granted ny any ordl-
nance of the city of Pensacola to them.
their associates or assigns, shall be and
are hereby approved and confirmed
Section 10 That the condition of the
deed heretofore executed. tO-Wit. April
34th. 1906. by the mayor and city clerk.
to the said grantee. its Successors and as
signs TO certain lots in the water front Of
the city of Pensacola and to certain prop
ertV in the said city. is hereby waived.
and il is hereby declared. ana the grantee.
its successors and assigns. VIII agree to
the same by the acceptance OF tins ordi-
nance, that the said grantee. Its success
OrS and assigns. hold the title to the said
water front lots and the said property
within the said city, subject To the con
revert 10 tie city if the main line of said
road shall not be completed from Andalu-
STA. Alabama, TO Pensacola. before July
IST. 1911.
section II. All ordinances or parts OF
ordinances granting 10 any person. per
rights, privileges. powers. franchises or
property shall be and they are hereby re-
pealed.
Section L. The grantee. its successors
and assigns. shall be allowed twenty COO
days from the passing Of this ordinance
within which to file n written acceptance
ef same in the office Of the clerk Of the
City Of Pensacola. II said acceptance Is
not filed with the said city clerk within
said time. all the grants. rights and priv
iieCeS granted by this ordinance shall
terminate and the said grantee, its sue
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