The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-09
Classified
LEGAL NOTICE.

said roallroad shall not be built for a
distance Of st least ninety (s0) miles from
Pensacola Northerly within eighteen Qs)
or II the main line Of the said railroad
shall not be built for a distance Of at least
one hundred and twenty-five miles O26)
ing with the Mobile and Birmingham
Railroad within three years from the
commencement Of the work as hereinbe-
fore provided. Provided, however. that IL
paved at the time Of the execution Of the
deed therefor as herein provided, the said
grantees shall not receive said deed until
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 amount to be determined and
certified by the Board OF Bond Trustees.
And the Mayor and City Clerk are here
by authorized and directed to convey to
the grantees and their assigns. when they
shall have furnished to the City Council
the said railroad has been built for dis
lance OF at least two hundred and ten
l210) miles Northerly from Pensacola; be-
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-
villiers street on the east and the Dun
woody Aiken Tow Boat Company's wharf
on Coyle street on the west, and to make
deed to the grantees and their assigns
for the said property.
Sec. IL. All grants herein are made by
the City and accepted by the grantees.
upon the express condition that at all
times each and every person. frm or
corporation shall under substantially SINH
lar conditions and circumstances. have
equal access to- and use of the facilities
for shipping and doing business wherein
and or wharves are necessary or conven-
lent to such shipping or business. upon
the payment to the said grantees, their
able Charges therefor. The he said grantees
further expressly agrees that all said
charges shall be equal and without unjust
firms and corporations. and the said
grants are accepted by the grantee with
the express agreement and declaration
that the said privileges, franchises and
deeds referred to in Section IL of this
ordinance shall be used and operated by
them; their successors and assigns, as
the facilities and property OF common
carrier and shall be used and operated
only as such common carrier, and not
as private property.
to pass and enforce such reasonable regu-
lations and requirements as to the man.
ner OF operating the railroad upon any Of
the streets or wharves and the location
and number. Except as is herein provid-
ed. Of tracks therein, as 1t may deem
necessary and proper. and nothing herein
1
the City's right TO require such different,
other and further reasonable means OF
protection to persons and property upon
the streets along which the said grantee
and their assigns are hereby authorized
to construct and operate their railroad.
Sec. IA. The grantees and their as
from the passage of this ordinance within
which to file a written acceptance OF the
same In the ONCE OF the Clerk ~ the City
| OF Pensacola. II the said acceptance IL
not filed with the said Clerk within the
said time, al the grants, rights and privil-
| eyes granted by this ordinance shall term
mate. and the said grantees and their as
signs shah cease to have any further in
terest or right therein Neither the said
acceptance nor this franchise shall be ef-
companied by the certificate OF a bank. or
banker in the City Of Pensacola or New
York, that there has been subscribed and
red red thousand 1sioo. 900. oSS dorlars to be
used In the construction of the railroad
aforesaid and the said grantees shall at
the time file bond executed by good.
toned for the payment to the City Of
Pensacola of the sum of ten thousand
| failure OF the grantees. or their assigns,
| to complete the construction of the afore-
said railroad from Pensacola to a point
not less than one hundred and twenty-five
(125) miles North to connect with the Mo-
bile and Birmingham Railroad, in the
manner and within the time prescribed
in and by Sections 4 and IL OF this ordi-
nance.
Sec. Is. Nothing herein shall be con-
strued as 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
/ Circuit Court of Escambia County, Flor
| ida, signed by the Honorable Francis 3.
| Carter, Judge, on the 31st day OF July,
| 1905, In the cause pending IN said Court
| wherein Jas. Mccullough, ]. J. Sullivan
and NJ. A. Quina are complainants, and
/ the City of Pensacola is defendant; or Of
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,
| 1905, In the case pending In said court
wherein James s. Heron is complainant,
and z. d. Beggs, Boykin Jones, G. NJ
! Coston, and the City Of Pensacola, are de-
Sec Sec. is. The intent of this ordinance
is to describe the rights of way and sprop-
critics as shown on a map published by
Hooton g. Watson. dated Pensacola, Flor
| ida, 1910. which map Is hereto attached
Sec. II. All ordinances or parts of or
dinances, granting to any person or
persons, or corporations, any of the fore
/ going rights, privileges, powers, fran
chises, or property, shall be and they are
hereby repealed.
Passed February Is, 1911.
| Approved February 18th, 1911.
1 FRANK REILLY,
Attest: Mayor Of Pensacola.
| L. G. AYMARD,
| City Clerk. eb16oaw4w