The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-02-05

City to grant the privilege to other Rail-
| roads to cross any track laid on the
Streets hereby granted, and to pass and
enforce such reasonable regulations and
requirements as to the grade, construc-
| ton and maintenance of the tracks and
manner OF operating the railroad upon
location and number. Except as herein
otherwise provided), of tracks thereon as
it may deem necessary and proper
ing the main line Of the said sor road f.
| be constructed between Pensacola and
some point at least 125 miles northerly
! CONNECTING with the Mobile and Rirming-
In sixty 600 days after the acceptance
| OF this ordinance. as hereinafter provided,
and thereafter actively prosecuted in
good faith. Failure to comply with this
provision Of this Section shall operate
as forfeiture Of all the grants. prop
erty, rights and privileges granted here
wharf shall be completed from time to
time. as the necessities Of the business
require: At least ninety tsol miles OF
the said railroad shall be completed with
in eighteen 1s) months from the time
Of commencement of the work as herein
before provided, and at least 125 miles
sad vita tbe Mobe a ae
ham railroad, within three years from
the time Of the commencement of the
work. and failure. to complete such
such 125 miles within the said time, Shall
operate as a forfeiture Of all the prop
erty. rights. grants and privileges hereby
said grantees and their assigns shall. i'm
mediately upon the completion Of the
said ninety miles operate a frst-class
daily freight and passenger service over
The said grantees and their assigns
agree to occupy one-half Of the Streets
not now under water for the purposes
day Of December, 1914, and the other one
half Of the said streets before the LIST
day Of December, 1915, under the privil-
half Of such Streets shall not be SO oe-
cupied by December 1. 1914, all privileges
herein granted shall cease as to any such
Der SO al Streets saa net
so occupied, all privileges herein granted
shall cease as to any such street not so
Gee And said privileges shall cease
erty II the said grantees and their as
signs shall discontinue the use thereof
for twelve (12) consecutive months after
having made use Of said Street, Wharf
or other property in the manner provided
by this ordinance.
Sec. s. Nothing in this ordinance shall
be construed to permit the construction
any land held under any valid lease or
other title, by any person or persons
other o, than the said grantees or their as
ton Of such lease or other title or the
same shall have been acquired by the
said grantees or their assigns by pur-
Sec. &. That the City of Pensacola, in
granting the rights, privileges and fran
chises herein mentioned. shall be held
grant, and not as warranting the same,
or subjecting itself to any damage or liza
bility whatever. that may occur by rea-
grantees and their assigns by accept
ing the franchise granted by this ordi-
nance, shall thereby bind themselves to
nssnis aa os s cy q e a on
ever. occasioned or arising by reason Of
the adoption Of this ordinance. or by rea-
son Of the exercise Or enjoyment Of any
hereby granted. and they shall bind them
selves to indemnify the City OF Pensa-
cola against any and all liability to which
Sec: Z. The tracks of the said road
bed bed IN all Of tn, the streets above men,
ties. except that where no grade therefor
shall have been established by the City
Authorities prior to the construction Of
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
thereafter established therefor. by the
City Authorities. and upon all of the
Streets mentioned, said tracks shall be
the free and easy passage Of all vehicles
along and across said streets.
Sec 8. That the said grantees and
the streets between its tracks and for
eighteen inches on either side thereof, in
the same condition as the City shall keep
adjacent to the e parts occupied by said
tracks. and shall construct and maintain
all necessary interesting street crossings
over their said T9adosd amd tracks And
owners on any part OF the said Streets
shsK improve or grade or pave any street
or part of street upon which said gran
tees and their assigns shall construct
their said tracks or any part thereof, the
said grantees and their assigns shall at
the same time, OF upon notice given by
pave the space beteen the rails and
tracks. and for eighteen inches on either
side thereof. in the same manner and
improving. grading or paving the re-
mainder Of said Street, adjacent to the
rails and tracks and shall maintain the
sas 00o Of the City author e
ties in accordance with the terms OF the
charter OF ordinance Of the City Of Pen
Sec. 9. And the said grantees and
their assigns, shall construct and maintain
their tracks so as not to impair, impede
or interfere with the free and proper use
Of the streets across which they are au-
thorized to be constructed. This provis-
ion. however, shall not be constructed to
require the grantees or their assigns to
grade up any street to the level Of the
fill made by them
Sec 10. That the said Grantees and
their assigns. shall. within one year after
the completion Of at least ninety miles
Of Railroad from Pensacola northeriy,
construct and equip modern passenger
depot building, upon the site on the West
side Of Spring Street In the City Of Pen
sacola, Florida, which shall be known as
a Union Depot, and the Council shall