The Pensacola journal., 1910-05-04
Classified
Legal Advertisements.

ferred before the first day of December,
| 1913, all privileges shall cease also as to
the said grantees and their assigns shall
discontinue the use thereof for twelve
consecutive months, after having made
use of said street, wharf or other prop
erty in the manner provided by this or
dinance.
Section 5. Nothing in this ordinance
| shall be construed as to permit the
construction of any tracks or other struc-
lures upon any land held under and valid
| lease, or other title, by any person or
persons other than the said grantees t an and
! mination of such lease, or other title, or
the same shall have cquired by the
said grantee, and ,1gns, by pur-
chase or otherwi
Section 6. fly of Pensacola
in granting s, privileges and
| franchises + toned, shall be held
| only to grs it has the power to
grant, and rranting the same or
subJecting 4.svd 70 any damage or la
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 for
| 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 Pensacola
| may be subjected thereby.
Section Z. The tracks of the said rail-
road In all the streets above mentioned
shall be laid and maintained upon the
grade designated by the city authorities
| prior to the construction of the said road
bed, said grantees and their assigns shall
have the right to conform as nearly as
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-
nd
upon all the streets mentioned said tracks
| shall be laid and maintained so as to ad-
init init OF the free and easy passage Of
Section 8. That the said grantees and
their assigns shall keep and maintain the
streets between its tracks, and for eight
| 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
| lngs 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-
struct their said tracks, or any part
thereof, the said grantees and their as
signs shall at the same time, upon
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
| 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
| in accordance with the terms of the char
ter or ordinances Of the City of Pensacola.
Section O.. And whenever said grant
| excavations exceeding ten Q0) feet in
depth. for the grading of the road bed,
the embankments shall be protected by
fny1n 1T.
and they shall, at or before the time 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-
trians, over and across such excava tons
at the intersections of the following
| named streets: Blount and Lloyd streets
or sother such two streets as may be or
dered by the council.
And the said grantees and their assigns
shall construct or maintain their tracks
SO as not to impair, impede or interfere
with the free and proper use of the
lied to be constructed. This provision
| however, shall not be construed to re-
| quire the grantees, or their assigns to
| grade up any street to the level of any
| fill made by them.
| 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 a modern passenger de-
| pot building upon the site on the west
| side of Spring street in the CITY of PEN
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
failIlra T. q n he 1nto !
| 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
upon the payment by the said grantees
and their assigns on or before December
| l, 1910. of the sum OF three hundred dol
lars $4,000 and upon payment by them to
the said city on or before the said date of
the sum of two hundred dollars (s20O)
and when the council had been furnished
construction of the main line of said rail-
road had been commenced, as herein
before required. to make a deed to them
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 back
to the City of Pensacola and all the
grants, rights and privileges herein and
nSTSDy SrNtIleu 10 SdlQ 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 u. The city reserves the right
to pass and enforce such rea sonable regu-
latiOns and requirements as to the man
ner of operating the railroad upon anv
of the streets wharves and the loCa-
ton and number Except as is herein
provided) of tracks therein as it NAV
deem necessary and proper, and nothing
herein shall be construed to be in dero-
cation of the city'S right to require such
different, other or further reasona Bile
means Of protection to persons and prom
erty upon the streets along which the
said grantees and their assigns are here
by authorized to construct and operate
their railroad
Section Is. The grantees and their as
signs shall be allowed twenty days from
the passage of this ordinance within
which to file written acceptance of the
same in the office of the clerk OF the CITY
of Pensacola. If the said acceptance is
said time, all the grants. rights and priv
| ileges granted by this ordinances shall
terminate; and the said grantees and
their assigns shall cease to have anv fur
ther interest or right therein. Neither the
said acceptance nor this franchise shall
be effective unless the said grantee shall
at the time file a bond executed by a
good. responsible surety company. condi-
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