The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-05-25
8 : fEed
LEGAL NOTICE.

the said grantees and their assigns snail
Immediately after the cofnpetlon OF sa4o
class daily freight and passenger service
between Andalusia and Pensacola rms
provision shall, however excuse a., aeiaS
proceedings or proceedings % obtain the
right of crossing the LOUISVILLE q Nash.
vile railroad is necessary, and shal not not
time limit stated above, all tracks,
bridges. etc, at all other , points POI tse;rs+r,c+ad
with steel rails on the main line thereol
of not less tina Sc pounds per yard ,,
not be occupied for the purposes author
lied herein by the grantees ana lnelr az as
signs, under the privileges neTeln toai
feTPed before the first day OF aIso as to-
any street, wharf or other property; II
the said grantees and their assigns s dls.a
consecutive months, after having mace
use of said street, wharf or other prop
e3rty, in the manner provided by tils VI
Section 5, Nothing in this ORDINANCE 6i1 nee
shall be. construed as to permit TN. tne
construction of any tracks or otner sI IIeii5
lease, or other title, by any person u
persons other than the said grantees ana
their assigns, from the City until me me ter
mination of such lease, or other tue or
the same shall have been acquired by lne
said grantee, and their assigns by pur-
chase or otherwise.
in granting the rights, privileges ana
| franchises herein mentioned, shall be heId
only to grant such as it has the power 10
grant and not as warranting the same or
subJecting itself to any damage or ia
bility whatever that may occur by reason
of granting the same, and the said grant
ees and their assigns. by accepting the
franchise granted by this ordinance, shall
| thereby bind themselves to release the
City OF Pensacola from any liability Tor
any damages to them whatever occasion
ed or arising by reason of the adoption
OF this ordinance or by reason OF the
exercise or enjoyment of any rights, priv
ilegeS, franchises which are hereby
granted, and they shall bind themselves
to indemnify tn Getty Of Pensa cola
may be subjected thereby.
Section I. The tracks of the said rail-
road in all the streets above, mentioned
grade designated by the city authorities
prior to the construction of the said road
bed, said grantees and their assigns shall
| nave the right to conform as nearly S
practicable to the natural grade of the
| land, but in all cases the railroad bed and
tracks shall be made to conform to the
grade from time to time thereafter es-
| tablished by the city authorities, and
| upon all the streets mentioned said tracks
| SHAH be laid and maintained so as to ad-
init of the free and easy passage of
vehicles along and across said streets.
Section S. That the said grantees and
their assigns shall keep and maintain the
streets between its tracks, and for eight
cen inches on either side thereof, in the
same condition as the city shall keep or
require to be kept the same streets ad-
Jacent to the parts occupied by the said
tracks, and shall construct and maintain
! all necessary intersecting street cross
ings over their said railroad bed and
| tracks, and whenever the city or abutting
property owners Or any part of the said
streets shall improve or grade or pave
any street or part of street, upon which
said grantees and their assigns shall con-
stfuct their said tracks, or any part
thereof, the said grantees and their as
: G tO1E q n hn
notice given by the proper authorities,
/ Improve, grade or pave the space between
the rails and tracks, and for eighteen
| inches on either 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
! rails or tracks, and shall maintain the
same in good order and condition to the
satisfaction of the proper city authorities
ter or ordinances of the City of Pensacola
| Section 9. And whenever said grant
ees, or their assigns, shall make any
excavations exceeding ten .Qo) feet in
| depth, for the grading of the road bed,
| the entertainments shall be protected by
| brick, stone or concrete retaining walls.
and they shall: at or before the. TING the
construction of the main line of railroad
! from Andalusia to Pensacola is COM
: pleted, construct good and substantial
viaducts of brick. stone or iron, or con-
! crete, for the use of vehicles and pedes-
! TRANS, over and across such excava lions
! at the intersections of the following
!
or other such two streets as may be or
dered by the council.
And the said grantees and their assigns
shall construct or maintain their tracks
| with the free and proper use of the
streets across which they are author
| however, shall not be construed to re-
quire the grantees, or their assigns, to
| grade up any street to the level of any
! Section 10. That the said grantees and
| their assigns shall within one year after
the completion of the main line of rail-
road from Andalusia to Pensacola con
| struct and equip modern passenger de-
| pot building upon the site on the west
! side of Spring street in the City of Pen
sacola, Fla. which shall be known as a
union depot. and the council shall have
the right to authorize other railroad
| for the accommodation of their passen-
! ger traffic, for a reasonable compensa-
ton based upon the cost of the construc-
| ton and maintenance of said building
! and upon terms and conditions to be
| agreed upon by said grantees, and such
other companies or in the event of their
bitration and approved by the council
| Section II. That the. mayor and city
clerk are hereby authorized and directed
to convey to the grantees and their as
signs all the right, title and interest OF
! the City of Pensacola in and to all lots in
the water front of the said city embraced
in the grant covered by this ordinance
upon the payment by the said grantees
! and their assigns on or before December
| /. 1910. of the sum of three hundred dol
! lars $4,000 and upon payment by them tC
| the said city on or before the said date OF
/ the sum of two hundred dollars $4,000
and when the council had been furnished
! with satisfactory proof that the actual
construction of the main line of said rail-
road had been commenced, as herein
| before required, to make a deed to then
and their assigns of the property herein
| before described on Spring street between
! Garden and Romano streets The said
deed shall contain conditions that the
title of said property shall revert ba ok
to the City of Pensacola and all the
| grants rights and privileges herein and
hereby granted to said grantees and their
assigns shall Immediately cease and de.
termine forever. if the main line of the
said railroad shall not be built from Pen.
sacola to Andalusia within two years from
| commencement of work as hereinbefore
provided.
Section II. The city reserves the right
to pass and enforce such rea sonable reglI.
lations and requirements as to the man.
ner of operating the railroad upon any
Of the streets or wharves and the I0ca.
ton and number Except as is hereir
prOvided) Of tracks therein as it may
deem necessary and proper, and nothins
herein shall be construed to be in der0.
cation of the citYS right to require sllCI
different, other or further reasona bI,
means of protection to persons and prom
ertv upon the streets along which tn,
said grantees and their assigns are here