The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-02

LEGAL NOTICE.

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said roailroad shall not be built for a
distance OF at least ninety (90) miles from
PENSACOLA Northeriy within eighteen Qs)
monIhs after commencement Of the work,
OF Il the main line OF the said railroad
snail not be built for distance of at least
one hundred and twenty-five miles C25)
miles northeriy from Pensacola, connect
Ing with the Mobile and Birmingham
haiiroad. within three years from the
commencement Of the work as hereinbe-
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
certified by the Board of Bond Trustees.
q And the Mayor and City Clerk are here
y authorized and directed to convey to
shall have furnished to the City Council
satisfactory proof that the main line Of
the said railroad has been built for a dis
lance lance Of at least two hundred and ten
lzlo) miles Northerly from Pensacola. be-
fore December 1st 1915. all the right
title and interest of the City Of Pensacola
IN and to the lots in the Water Front of
tween the shore line on the North and the
pier-head line established by the United
States Government on the South, and De-
Aiken TOW boat ea com mnn yne w R1n
on CoyIe street on the west. and to make
2 deed to the grantees and their assigns
Sec. ~. All grants herein are made by
the City and accepted by the grantees.
upon the express condition that at ali
e cIss eacn ss and every person nrn or
lar conditions and circumstances have
equal access to, and use of the facilities
Tor shipping and doing business wherein
the tracks, spurs, switches, sidetracks,
and or wharves are necessary or ccnven-
lent to such shipping or business, upon
the payment to the said grantees, their
able charges therefor. The 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
property granted them hereby and in the
deeds referred to in Section IL of this
ordinance shall be used and operated by
them, their successors and assigns, as
carrier and shall b e used and o 9Orted
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
and number, Except as Is herein provid-
ed), OF tracks therein, as II may deem
necessary and proper, and nothing herein
shall be construed to be In derogation of
other and further reasonable means of
protection to persons and property upon
and their assigns are hereby authorized
70 construct and operate their railroad
Sec. II: The grantees and their as
s sreTs t Sna pc allowed tortysnye 6sS1 aays
which TO file q written acceptance of the
same in the ONCE Of the Clerk Of the City
OF Pensacola. If the said acceptance is
said time, all the grants. rights and prfvil-
eyes granted by this ordinance shall term
mate and the said grantees and their as
terest or right therein. Neither the said
acceptance nor this franchise shall be ef-
fective unless the said acceptance is ac-
banker in the city Of Pensacola or New
York, that there has been subscribed and
paid to 1t, or him, the sum Of one humid
used in the construction Of the railroad
aforesaid, and the said grantees shall at
the time file a bond executed by-a good.
responsible guaranty. company, eondi-
toned for the payment to the City of
Pensacola of the sum Of ten thousand
(Sl0. 000.00) dollars. In the event OF the
failure Of the grantees, or their assi~2s,
said railroad from Pensacola to 3 point
not less than one hundred and twenty FIVE
(125) miles North to connect with the Mo-
DIG ana 6lrIn1nKndn hd1lFOaQs IN Ll6
manner and within the time prescribed
in and by Sections 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 B.
Carter, Judge. on the 31st day Of July.
1908, in the cause pending in said Court
wherein Jas. Mccullough, j. ]. Sullivan
and M. A. Quina are compliments, 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,
1908. in the case pending IN said court
wherein James 8. Heron is complainant,
and e D. Beggs, Boysxin Jones, c. NJ.
coston, and the City Of Pensacola, are de-
Sec. is. The intent Of this ordinance
is to describe the rights Of way and prop
critics as shown on a map published by
Hooton & Watson. dated Pensacola, Flor
and which forms 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
going rights, privileges. powers, fran
chises. or property, shall be and they are
hereby repealed.
Passed February Is, 1911.
APPROVED February 14th, 1911.
FRANK REILLY,
Attest: Mayor OF Pensacola.
L. G. AWARD,
I'll A.