The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-02-16

LEGAL NOTICE.

their assigns shall Immediately cease and
determine forever. II the main line Of the
said roailroad shall not be built for a
distance Of ct least ninety Geo? miles from
months after commencement Of the work.
or Il the main line OF the said railroad
shall not be built for q distance of at least
miles northerly from Pensacola, connect
ing with the Mobile and Birmingham
Railroad. within three years from the
commencement Of the work as hereinbe-
fore provided. Provided, however, that IL
Spring Street shall have been or il being
paved at the time Of the execution of the
deed therefor as herein provided. the said
they shall pay to the City an additional
sum Of money equal to the amount of the
assessment against said property for said
paving. said an amount to be determined and
And the Mayor and City Clerk are here
by authorized and directed to convey to
the grantees and their assigns, when they
satisfactory proof that the main line Of
the said railroad has been built for a dis
lance Of at least two hundred and ten
fore December LIST 1915: all the right,
title and interest Of the City Of Pensacola
In and to the lots in the Water Front of
the said City. hereinbefore granted, be-
tween the shore line on the North and the
pier-head line established by the United
States Government on the South, and De-
Yilliers street on the east and the Dun.
on coyie street on the west. and to make
Q deed to the grantees and their assigns
fer the said property.
the City and accepted by the grantees.
upon the express condition that at ali
times each and every person, firm or
corporation shall under substantially SINH
equal access to, and use Of the facilities
for shipping and doing business wherein
the tracks. spurs. switches, sidetracks,
lent to such shipping or business. upon
the payment to the said grantees, their
successors or assigns. Of fair and reason
able charges therefor. The said grantees
charges shall be equal and without unjust
discrimination to every and all persons
firms and corporations, and the said
are ns
that the said privileges. franchises and
property granted them hereby and in the
deeds referred to In Section II of this
ordinance shall be used and operated by
them, their successors and assigns. as
carrier and shall be used and operated
only as such common carrier. and not
SEC. il. The City reserves the right
to pass and enforce such reasonable regu-
lations and requirements as to the man
the streets or wharves and the location
and number, Except as is herein provid-
ED, OF tracks therein, as 1t may deem
shall be construed to be i in DERIVATION hae Of
the City's right to require such different,
other and further reasonable means OF
protection o to persons and property upon
and their assigns are hereby authorized
to construct and operate their railroad.
Sec II The grantees and their as
signs shall be allowed forty-five (45) days
from the passage Of this ordinance within
which to file q written acceptance of the
same in the once Of the Clerk Of the city
not flled with the said Clerk within the
eyes granted by this ordinanc.: II term term
mate, and the said grantees al. their as
signs shall cease to have any further in
terest or right therein Neither the said
acceptance nor this franchise shall be eff
fective unless the said acceptance is &C
banker in the City Of Pensacola or New
York, that there has been subscribed and
paid to It, or him. the sum Of one humid
red thousand lsloo. 100000 dollars to be
aforesaid. and the said grantees shall at
tho time file bond executed by a good,
responsible guaranty company. condi-
Pensacola of the sum Of ten thousand
Oslo. 100000 dollars. In the event Of the
failure Of the grantees. or their assigns,
said railroad from Pensacola to a point
not less than one hundred. and twenty five
O25) miles North to connect with the Mo-
bile and Birmingham Railroad, in the
manner and within the time prescribed
In and by Sections and II Of this Ordi-
nance.
Sec. Is. Nothing herein shall be con-
strued az the assertion or claim by the
City OF Pensacola Of title or claim to any
part of the property mentioned or de-
scribed Or referred to in the decree Of the
ida, signed by the Honorable Francis B.
Carter, Judge, on the 31st day Of July,
1905, in the cause pending in said Court
wherein Jas. Mccullough. J. ]. Sullivan
and M. A. Quina are complainants. and
the property mentioned or described or re-
ferred to In the decree of the said Circuit
Court Of Escambia County, Florida,
signed by the said Honorable Francis b.
Carter, Judge. on the 31st day Of July,
wherein James S. Heron is complainant.
and E. D. Beggs, Boykin Jones. c. NJ.
Coston. and the City of Pensacola, are de-
PENDANTS.
Sec. Is. The intent Of this ordinance
is to describe the rights Of way and prop
Hooton & Watson. dated Pensacola, Flor
ida, 1910, which map Is hereto attached
and which forms q part OF this ordinance.
Sec. II. All ordinances or parts Of or
dinances, granting to any person or
persons, or corporations, any of the fore
ci1ises, or property, shall be and they are
hereby repealed.
Passed February Is, 1911.
Approved February 18th. 1911.
FRANK REILLY,
Attest: Mayor Of Pensacola
q. AYMARD.
City Clerk. feb1soa w4w