The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-05-11
Ola : sife0
Legal Advertisements.

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 Vand
lease, or other title, by any person or
persons other than the said grantees and
their assigns, from the City until the ter
mlnatIon of such lease or other tltle' or
the same shall have been acquired by the
said grantee. and their assigns, by pur-
chase or otherwise.
Section 6. That the City of Pensacola
in granting the rights. privileges and
franchises Herein mentioned, shall be held
only TO grant such it has the power to
grant, and not as warranting the same or
subJecting itself to any damage or la
blilty whatever that may occur by reason
Of granting the same. and the said grant
e e and their assIgnsi by aGceptns b the
thereby bind themselves to release the
City of Pensa cola 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
granted, and they shall bind themselves
to indemnify tn Getty of Pensacola
against any and all liability to which it
may be subjected thereby.
Section 7. 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-
upon all the streets mentioned said tracks
shall be laid and main tanned so as to ad-
INIT Of the free and easy passage of
vehicles along and across said streets.
Section &. 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-
lacent 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-
struct their said tracks, or any part
thereof, the said grantees and their as
signs shall at the same time, or upon
notice given by the proper authorities,
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
SecJIOn y. ana whenever SAID grant
ees, or their assigns, shall make any
excavations exceeding ten G0D feet in
depth, for the grading of the road bed
the embanlments shall he protected by
brick. stone or concrete retaining walls
and they shall, at or before the time the
construction of the main line Of railroad
from Andalusia to Pensacola is COM
ueted, 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 excavations
at the intersections of the following
named streets: Blount and Lloyd streets,
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
SO as not to impair. impede or interfere
with the free and proper use of the
streets across which they are author
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-
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
companies to enter and use said denot
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
failure to agree. to be determined by ar
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
in the grant covered by this ordinance
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
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 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
hereby granted to said grantees and their
assigns shall Immediately cease and de-
termine forever. if the main lire of the
said railroad shall not be built from Pen
sacOla to Andalusia within two years from
| commencement of work as hereinbefore
| provided
Section 70. The city reserves the right
! to pass and enforce such rea sonabIe reg1l-
| lations and requirements as to the man
ner of operating the railroad upon anv
| of the streets wharveS and the IOca-
| ton and number Except as is herein
| provided) of tracks therein as il NAV
! deem necessary, and proper. and nothing
| herein shall be construed to be in dero1
cation of the citys right to require such
| different, other or further reasona BILE
means of protection TO persons and prom
| ertv 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 he allowed twenty davs 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
not filed with the said clerk within the
| said time. all the grants. rights and priv-
! ilegcs granted by this ordinances shall
! terminate; and the said grantees and
| their assigns shall cease to have anv f1Ir
| Their 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 nv a
good responsible surety company. Condi-
| toned for the payment to the CITY of
| Pensacola OF the sum of of Ten ThOus-
! and $50. 10000 in the event of the fail
ure of the grantees or their assigns to
| complete the construction of the main
| line Of the aforesaid main line of SAID
! railroad from Andalusia. Ala. to PEN
| sacola. in the manner and within The
/ 81 il,D1 IN,