The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-11-24
LEGAL NOTICE.
lSeries No. s-Proposed Ordinance No. 4s)
AN ORDINANCE

tssries No. s-Proposed Ordinance No. 40
AN ORDINANCE
TO be entitled: An Ordinance granting 20
the Warren Fish Company, a Corpora
ton, the right TO construct marine ways
IN the water front Of the City Of Pensa-
cola, and to lease to the said corporation
certain lands covered by water In the
water front Of the City Of PehsaccIa.
Whereas, the interest of the commerce
81 81. tns port OF Pensacola demands that
Lnefe De erected at a convenient place i'm
ne Water Front of the City of Pensacola
MaTLhe ways by means whereof the yes
seis OF deep draft usually employed In
navigating the waters OF Pensacola Bay
may be repaired and cleaned, and receive
sueh other work upon them as may from
ume to time require: and, Whereas, no
s slcn ways exist within the City OF PEN
sacoa or IN the County of Escambia,
Be i @. Ordained b. the Board of Alder
men OF the City of Pensacola:
Section /. That, the Warren Fish
Company. corporation. its successors
ana assigns, be and are hereby author
ized to erect, construct and maintain.
City of Pensacola over certain lands
covered by the waters of the Bay of Pen
saeola; and the City Of Pensacola leases
poration, for the purposes of the said ma
rine ways, the construction and the opera
ton thereof the land In the Water Front
on the City Of Pensacola, covered by
term OF twenty-five (25) years.
Sec z. That, for and In consideration
OF the foregoing grant Of authority and
poration, shall erect, maintain and oper-
ate marine ways, upon. over and along
the land covered by the waters of the
Bay OF Pensacola hereinafter designated
Sec. g.. That, said marine ways herein
authorized may be constructed as fol-
lows: Over, upon and along those portions
Of lots nineteen (is) and twenty coo
dock nfty-two (52) according to the
plan of the Water Front of the City of
Pensacola referred to in Section 1 OF An
Act entitled "An Act to Grant the Water
Front OF the City of Pensacola" adopted
Ida in the year 1899, which are now owned
by the City OF Pensacola; and over, upon
and along the land covered by water with
In a certain space beginning at the south
line OF said lots 10 and 20, said space hay
ing the same width as the combined
width Of the said two lots, and extend
uniform width to a point as far as may
be reasonably necessary for the purposes
or the said proposed marine ways, and
so as TO enable the proprietors of such
Always conveniently and safely to receive
and handle vessels which they shall desire
to receive and handle upon said ways;
and the City Of Pensacola leases to the
said Warren Fish Company, its success
ors and assigns. for the term aforesaid
and for the purposes aforesaid, the said
portions Of said lots 10 and 20. and the
said lands covered by water, south there
Sec. T. That said Warren Fish Com
PAW. a ,corporation. its successors and as
signs, snail, in consideration of the erec-
ton OF the said marine ways, have the
privilege of operating marine ways for
the term OF twenty-five <(251 years upon
the land hereing described, paying there
for to the City of Pensacola One Hundred
Dollars per year.
Sec. 8. That at the expiration of the
said term of twenty-five (25) years, the
City of Pensacola shall have the privilege
Of purchasing the said marine ways at
such valuation as may be determined
upon three ca arbitrators, one to be ap-
pointed by the said Warren Fish Com
pany. Its successors and assigns, and one
by the City OF Pensacola, and third to
be ehosen by the two so appointed: should
the City not desire to purchase said ma
rine ways at the expiration of said term,
shall be extended for further term of
ten (10) years.
Sec. g. That, notwithstanding any
thing IN this ordinance to the contrary
are F9aated- upon the following express
ist. That. the said Warren Fish Com
pany shall within two (2) years after the |
date of the adoption of this ordinance,
completely construct and equip said ma
rine railway, and shall thereafter con-
GnuOuSIy MAINTAIN ana operate the same.
End. That the construction. maintenance
and operation of said railway shall not OBJ
struct or prevent, navigation, or free ac-
cess to the streets and wharves on the
streets running north and south in the
part of the Water front south of Hickory
street.
3D. That the Warren Fish Company, its
successors and assigns, shall be liable for
ali damages occa sioned, or arising by rea-
son of the adoption of this ordinance. or
the exercise or enjoyment of any of the
rights or privileges hereby granted; and
shall indemnify the City of any and all
liability to which II may by reason there
Of
4th That in granting the rights and
privileges mentioned herein, the City shall
be held as granting only such as it has
the power to grant, and not as warrant
ing the same, or subjecting itself to any
damage or liability whatever, that may
arise by reason Of the granting OF the
said rights and privileges.
Sec Z That this ordinance shall take
erect only upon the filing by the War
rem Fish Company, within so days after
the date OF adoption hereof, with the City
ComptroHer, its written acceptance OF
this ordinance together with its agree
rnent to abide all the terms, conditions
and stipulations contained herein.
Passed ..........-........... III
Approved .......-......... ISL
7 Attest '.''.'..s;;.:,.'
u NoASSA.
City Clerk. 1t