The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-02
fed Classified
LEGAL NOTICE.

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said, shall operate as forfeiture OF al
the property, rights, grants and privileges
hereby granted under this franchise.
The said grantees and their assigns
agree to occupy one-haIf Of the streets
not now under water for the purposes
authorized herefnbefore, before the first
one-half OF the said streets before the
irst day Of December, 1915, under the
privileges herein granted II, however.
one-hah Of such streets shall not be 20
eyes hereby granted shall cease as to any
such streets not 50 occupied. and II by
December 1. 1915, all such streets shall
mot be so occupied, all privileges herein
granted shall cease as TO any such street
not 50 occupied. And said privileges shall
cease also as to any street, wharf or other
assigns shall discontinue the use thereof
for twelve (1z) consecutive months after
having made use Of said street, wharf ct
other property IN the manner provided ~
Sec. 5. Nothing in this ordinance shall
be construed to permit the construction OF
any tracks or other structure upon any
land held under any valid lease or other
the said grantees, or their assigns, from
the City until the termination Of such
lease or other title OF the same shall have
peen acquired by the said grantees or their
assigns by purchase or otherwise.
Sec. 8. That the City Of Pensacola, in
granting the rights. privileges and fran
only to grant such as it has power ITO to
grant, and not as warranting the same, or
sub5ecting itself to any damage or liability
whatever. that may occur by reason Of
granting the same, and the said grantees
and their assigns by accepting the fran
chise granted by this ordinance, shall
thereby bind themselves to release the
City Of Pensacola from any liability for
any damage to them whatever, cccasfoned
or arising by reason of the adoption of
this Ordinance, or by reason of the exer-
else or enjoyment Of any right, privileges,
or franchises, which are hereby granted.
and they shall bind themselves to indem-
Nifty the City of Pensacola against any
and all liability to which 1t may be sub
Jected thereby.
Sec T. The tracks of the said railroad
In all of the streets above mentioned shall
be- laid and maintained upon the grade
designated by the City authorities, ex-
have been established by the City au-
thorittes prior to the construction of the
said roadbed, said grantees and their 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
established therefor, by the City authori-
ties, and upon all Of the streets men
toned. said tracks shall be laid and main
tanned, so as to admit of the free and
across said streets.
Sec. 8. That the said grantees and
their assigns, shall keep and maintain the
street between its tracks and for eighteen
condition as the City shall keep or require
to be kept the same streets adjacent
to the parts occupied by said tracks, and
shall construct and maintain all necessary
tntersecting street crossings over their
said roadbed and tracks. And, whenever
the city or abutttng property owners on
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 construct their said tracks,
or any part thereof the said grantees and
upon notice given by the proper authori-
tieB improve, grade or pave the space
between the rails and tracks, and for
eighteen inches on either side thereof, In
tertal as is used in improving. grading or
paving the remainder Of said street, adj
Jacent to the rails and tracks, and shall
maintain the same In good order and con-
dition to the satisfaction Of the proper
City authorities I'm accordance with the
terms Of the charter or ordinance Of the
City OF Pensacola And wherever any
or the tracks constructed by the said
grantees under this ordinance shall be
constructed along or across any street or
streets, or parts thereof, that are at the
grantees before constructing said tracks
shall pay to the City sums Of money equal
In amount TO the cost Of grading and
paving so much Of said street as shall
inches on each side thereof. said amounts
70 be determined and certified by the
Board OF Bond Trustees, and said gran
teen shall at their own expense relay and
repair the paving in the space between
the rails and for at least eighteen (1s) in
ches on either side thereof, and so much
more thereof as may be damaged or dis
turbed In the prosecution of the work
herein authorized so as to conform to the
established grade. making the needed re-
pairs with like material used IN said paw
storm water inlets and drains and con-
meet 70 the storm water sewer, all to the
satisfaction OF the Board Of Public
Works.
SEC. g. And the said grantees and
their assigns shall construct and maintain
their tracks so as not 20 impair. impede
or interfere with the free and proper use
Of the streets across which they are au-
thorized to be constructed. This provis-
lon, however, shall not be construed to
require the grantees or their assigns to
grade up any, street to the level of the
sec.io That the said grantees and
their assigns shall within one year after
the completion Of at least ninety miles Of
struct and equip a 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
have the right to authorize other rail
road companies to enter over the
tracks OF SAID grantees and use the
said depot for the accommodation of their
passenger traffic, for a reasonable COM
penSation to this grantee, based upon the
cost OF the construction and maintenance
of the said building. and upon it's reason
able value as terminal. and upon the
terms and conditions to be agreed upon
by the said grantees and such Companies.
Or, In the event OF their failure to agree,
TO be determined by arbitration, and ap-
proved by the Council. A failure to con-
struct and occupy such passenger depot
within 30 months after the date of ac-
ceptance of this ordinance, or a failure
for six consecutive months to use such
building as passenger depot, shall work
of and to the said property granted for
such depot purposes.
See. IL. That the Mayor and City
Council are hereby authorized and direct
ed to convey to the grantees, and their
assigns all the right. title and interest of
the City OF Pensacola in and to all the
lots In the. Water Front Of the said City,
embraced In the grant covered by this
ordinance Except the property In the
the east and the Dunwody-Aiken Tow
Boat Company's wharf on Coyie street on
the west), upon the payment by the said
grantees and their assigns to the said
City, on or before December l. 1911 of
three hundred $500. 000) dollars, and when
the grantees and their assigns have fur
ntshed to the City Council satisfactory
proof that the actual construction OF the
main line OF the said railroad shall be
to make deed to them and their assigns
for the said property, And upon the pay
me1t by the grantees and their assigns
10 the said City on or before December