The Pensacola journal., 1910-05-04
CLASSIFIED
Legal Advertisements.
Series No. 2, Ordinance No. 100.
AN ORDINANCE

AN ORDINANCE
Granting to ": X. Hyer, Jr., J. M. Null
signs. the Right of-Way, Over, Along
Of Pensacola, and Certain Rights In and
the Water Front Thereof"
BE II Ordained by the Mayor and City
Souncil OF the City of Pensacola, Fla. !:
Section 1. That there be and is hereby
g6n granted and to 2v;H,;. W K Hyer, Jr T. NJ Mnl-
signs, a right-of-way for railroad tracks,
and the right to own, construct, main
tam, operate and run, by steam or cleo
tricity. locomotives, engines and cars
thereon, over, along, across and through
tne following named streets, to-wit: Be
ginning where a prolongation In n straight
line OF Olivia street would reach the
northern boundary of the city, and thence
S2utnward TO, along and through said
tersection of Olivia street and Chipley
street, along Chipley street and Hannah $
Alley, eastward to Spring street; also
from point on the track on Olivia street,
at or near the intersection of Chase
street, to and across Garden street to a
point on Hannahs Alley, in block fifty
seven or fifty-eight connecting with the
track on said Alley. also from a point on
the track on Olivia street at or near the
intersection of Intendencia street to and
across Romano street to point on Han
nah's Alley in block flfty-seven or block
nfty-eight from the track on Hannah's S
Alley, at point between DeVilliers
Reus street, between Garden street and
lntendencia street, and thence down Reus
street TO the pier headline established by
the United States government
And the right to connect their lines on
| Olivia street with the Pensacola and Per-
dido railroad over and along and across
by the City Council and the grantees and
their assigns. The tracks on Olivia
street shall be constructed either east or
west of the center line of said street as
said grantees shall elect at the time of
the filing of their acceptance of this or
dinance, and the tracks shall be on a
grade not exceeding one per cent and
there shall be fourteen feet between CEN
ters of said track.
railroad is intended to permit double
trac on Olivia street and across Gar
den street to Hannah,s Alley and along
Spring street, and single tracks on all
other streets and to embrace the privi-
lege of running spur tracks into the
grantees and their assigns upon streets
along which they are authorized to con-
struct tracks.
Before the curves from Chase and In
tendencia fstreet and Olivia ktreet to
Hannah's Alley, and the curve from Han
nah,s Alley to Reus street shall be built.
all said tracks, and the manner of con-
struction, shall, be made by the said
grantees and their assigns. and submit
Whenever the construction of the rail-
road upon the streets prescribed In this
ordinance shall necessftate the making
to construct tracks and operate trains
thereon, the said grantees and their, as
construct the said lines, so as to make
the necessary and practicable curves, and
70 that end to cross such streets not
named herein as shall be necessary, pro-
vided that before said curves shall be
same shall be submitted to pa the City cSuns counz
Gil and approved by it.
Section 2. That there is hereby grant
ed to the said grantees. and their assigns,
all the, right, title and interest of the city
line on the north and the pier head line
established by the United States Govern
ment on the south and between BARGE
iona street on the east and DeVilliers
street on the west, for the purpose of the
construction of piers and warehouses,
and the running of tracks thereon, as re-
quired by the business of the said road
And II is hereby granted to the grantees,
and their assigns, the right to the free
and and uno6strueted obs use by vessels using
said grantees, or their assigns. of all the
space now covered by water lying TO the
line of DeVilliers street. The grant
hereby made and the rights hereby con-
ferred are subject to. the provisions Of
the Legislature granting said space to
There is also granted hereby to the
said grantees and their assigns, for depot
by the city west of and bordering on
Spring street, and lying between Garden
and Romano streets.
Section 8. The right Is reserved to the
City to grant the privilege to other rail-
roads to cross any track laid on the
streets hereby granted. but said crossing
shall conform to the grade established
by the said grantees and shall be satis-
factory to said grantees, and the same
shall be- furnished and mainta med by
such railroad or railroads crossing said
track or tracks.
Section 4. Actual work on the main
line of said railroad to be constructed
between Pensacola and Andalusia shall
be commenced within thirty DAYS after
the acceptance OF this ordinance as here
matter provided. and thereafter actively
and continuously, prosecuted in good faith.
Failure to comply with this provision Of
this section shall operate as forfeiture
of all the grants, property right and
railroad shall be constructed by as direct
route from Andalusia, Ala, to Pensa-
able considering the. topography of the
country. The work on the spur tracks
and wharf tracks shall be completed from
business require. The actual work Of
grading the railroad bed to be used by
the said railroad from the northern
point on the west side of Escambia rir-sr
at which it is intended for the said rail-
road to cross said Escambia river. and
also all Of the actual work of building a
subctantial and permanent stoel bridge
across .Esca mbia river, shall be COM
pleted within twelve months from the
date Of the commencement Of the work
as hereinafter provided; this time limit
to be subject only to such unavoidable
delays, including condemnation proceed
ings and proceedings to obtain the right
to cross the l.. & N. railroad in order to
get from the said Escambia river to the
City of Pensacola, as cannot directly o.
indirectly be chargeable TO any fault or
neglect on the part of the grantees herein
or their assigns. This provision shall
however, excuse a delay only at the point
where condemnation proceedings or pro-
ceedings to obtain the right OF crossing
necessary, and shall not excuse any fail
,ure to construct within the tirne limit
stated above, all tracks. bridges. etc, at
all other points. Failure to comply with
this provision Of this section shall operate
as forfeiture of all the grants. property
right and privileges granted hereunder
The entire road from Andalusia To the
depot site on the west side OF Spring
street in the City of Pensa cola, Florida
shall be completed within two years from
the commencement of the work, as here
inbefore provided; this time limit TO be
subject onl yto such unavoidable de-
lays, including condemnation proceed
ings and proceedings to obtain the right
to cross the L. & y. Railroad IN order to
get from the Escambia river to the
City of Pensacola as cannot directly
or indirectly be CharEeable TO any
fault or neglect on the part of the
grantees herein and their assigns; and
a failure to complete the same within
and a failure TO complete the same within