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

freight and passenger service as afore-
said: shall operate a. . forfeiture Of all
hereby granted under this franchise.
The said grantees and their assigns
sgree 70 occupy one-haf Of the streets
authorized hereinbefore. before the first
day OF December. 1914, and the other
one-hah Of the said streets before the
privileges herein granted. r. however,
one-haK OF such streets shall not be 90
occupied by December 1. 1914, all privil-
eyes hereby granted shall cease as to any
December 1, 1915. all such streets shall
not be 50 occupied, all privileges herein
granted shall cease as to any such street
not so occupied. And said privileges shall
cease also as to any street, wharf or other
property II the said grantees and their
assigns shall discontinue the use thereof
Tor twelve CID consecutive months after
having made use of said street, wharf or
other property IN the manner provided by
this ordinance.
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 or the same shall have
zen acquired ny the said grantees or their
Sec. 6. That the City of Pensacola, in
granting the rights, privileges and fran
chises herein mentioned, shall be held
only TO grant such as 1t has power to
grant, and not as warrant.ng the same. or
sub5eoting 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
ehise granted by this ordinance shall
thereby bind themselves to release the
City OF Pensacola from any liability for
any damage to them whatever, occasioned
or arising by reason Of the adoption of
this Ordinance, or by reason Of the exer-
4GA 49,
or franchises. which are hereby granted,
and they shall bind themselves to indem-
nifty the City OF Pensacola against any
and al liability to which 1t may be sub
Sec. Z. The tracks of the said railroad
in all OF the streets above mentioned shall
designated by the City authorities ex-
cert that where no grade therefor shall
have been established by the City au-
said rossBeS ssd rraPnss erd fhs 81
signs shall have the right to conform as
nearly as practicable TO the natural grade
bed and tracks shall be made to conform
to the grade from time to time thereafter
established therefor, by the City authori-
Hes Hes and IA upon an OF the streets men
tanned, 50 as to admit of the free and
easy passage Of all vehicles along and
across said streets.
their assigns. shall keep and maintain the
street between its tracks and for eighteen
inches on either side thereof. in the same
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
intersecung street crossings over their
said roadbed and tracks. And, whenever
the city or abEcting property owners on
any part OF tbs said streets shall improve
street upon which said grantees and their
assigns shall construct their said tracks,
OF any part thereof. the said grantees and
upon notice given by the proper authori-
ties, improve, grade or pave the space
between the rails and tracks, and for
eighteen inches on either side thereof, IN
the same manner and with the same ma
ter1al as Is used In improving. grading or
paving the remainder Of said street, ad-
Jaeent to the rails and tracks, and shall
maintain the same in good ovder and con-
dition to the satisfaction of the proper
City authorities in accordance with the
City Of Pensacola. And wherever any
OF the tracks constructed by the said
grantees under this ordinance shall be
streets, or parts thereof that are at the
time OF such construction paved, the said
grantees before constructing said tracks
snan pay to me City sums Of money equal
IN amount to the cost of grading and
| paving 50 much Of said street as shall
| lie between the rails and for eighteen (1s)
inches on each side thereof said amounts
!
Board of Bond Trustees, and said gran
| tees 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
t psot1 IN Ins prosecution OF the work
established grade, making the needed re-
pairs with like material used in said paw
Ing. and shall construct the necessary
storm water inlets and drains and con-
meet to the storm water sewer, all to the
Works.
Sec 9. And the said grantees and
their assigns shall construct and maintain
| their tracks 50 as not to impair, impede
or interfere with the free and proper use
OF the streets across which they are au-
| thorized to be constructed. This provis-
ion. however, shall not be construed to
require the grantees or their assigns to
sec.1o. That the said grantees and
their assigns shall within one year after
railroad from Pensacola Northeriy. con-
struct and equip 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
/ Union Depot. and the Council shall
have the right to authorize other rail-
tracks OF said grantees and use the
s7id depot for the accommodation of their
passenger traffic, for reasonable COM
cost OF the construction and maintenance
Of the said building, and upon its 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 APP
proved by the Council. A failure to con-
| struct and occupy such passenger depot
within 80 months after the date of ac-
eeptance of this ordinance or failure
i for six consecutive months to use. such
building as q passenger depot, shall work
! q forfeiture OF the title OF grantee herein
/ of and to the said property granted for
such depot purposes.
Sec. 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
/ Water Front between Devilliers street on
/ the east and the Dunwody-Aik Tow
Boat Company's wharf on Coyle 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 ($30o. o00) dollars, and when
| the grantees and their assigns have fur
nished to the City Council satisfactory
proof that the actual construction Of the
| main line OF the said railroad shall be
commenced as herelnbefore required, and
to make deed to them and their assigns
for the said property. And upon the pay