The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-01-20
LEGAL NOTICE.

and proper use Of the streets across which
they are authorized to be constructed.
strued to require the grantee. its sue
cessors or assigns, to grade up any street
to the level of the FIJI made by them
Section 10. That the said grantee its
successors and assigns, are hereby
granted the right to use any union depot
which may be constructed by any rail-
road company on the West side of Spring
StreeI III the City OF Pensacola under the
ordinance granting the same by the
Mayor and City Council, upon the pay
ment OF reasonable compensation by
whatever railroad company that may be
operating a union depot upon such space,
as is provided by ordinance.
Section IL. That the Mayor and City
Council of the City of Pensacola are
hereby authorized and directed to convey
10 the grantee, Its successors and assigns,
al the right, title and interest Of the
City OF Pensacola in and to all the lots
IN the Water Front of the City embraced
IN the. grant covered by this ordinance
Except the property in the Water Front
by the shore line of the Bay of Pensacola
and on the South West by the property
Of the Pensacola, Mobile and New Orleans
Raiirodd Company, and on the East by
Olivia Street, upon the payment by the
said grantee. Its successors or assigns,
to the City of Pensacola on or before the
list day OF July, a, d., 1912. of the sum
of three hundred dollars, and after the
grantee its successors or assigns, have
furnished to the City Council of Pensacola
satisfactory proof that the actual con-
structlon of the main line of the said road
shall have been commenced as herein
before required. and that ten l10) miles
OF said line has been graded, croSstied
and ironed, and TO make deed to it. its
successors and assigns, for the said
property; and the deed of conveyance
shall contain conditions that the title shall
revert to the City of Pensacola. and that
all the grants, rights. privileges, herein
and hereby granted to the said grantee, its
suceess0rs and assigns, shall cease and
determine forthwith Ii the main line shall
not be completed for a distance of at least
| fifty miles from Pensacola in a Northerly
direction within six months after the
commencement of work. or il the main
line of said road shall not be completed
from Pensacola TO Meridian within two
n1ent of the work. and TO Memphis, Ten
nessee, by December /, 1915. And in the
event said grantee, its successors or as
prescribed for the completion OF said rail-
road from Pensacola 10 Memphis, Ten
nessee, have constructed and in use for
the operation and business Of said rail-
road, four 90 substantial wharyes or piers
extending from the shore of the Bay into
the Water Front to the points and along
the lines described in Section 1 hereof,
al the right. title and interest in and
20 all the space In the Water Front lying
West of the boundary line of the property
Of the Pensacola, Mobile & New Orleans
Railroad Company, herein and hereby
granted, or authorized to be granted or
conveyed, or SO much OF said space as
shall not at said time be actually used
and occupied by any such wharf or pier
and warehouse, or other structures, built
along side and adjoining any such wharf
or pier, and used by said grantee, its
successors and assigns, for the business
OF said railroad, shall cease and determine
forever, and the City shall have the right
to re-entes and take possession thereof
the same as II the grant or conveyance
herein mentioned had never been made,
PROVIDED that the occupation or use OF
any o. the wharyes. peers or warehouses
mentioned herein shall be construed as a
use and occupation by the said Railroad
OF the slips or waters adjacent to such
wharves, piers or warehouses.
The Mayor and City Council are hereby
authorized and directed to convey to the
grantee, Its successors and assigns, after
the said grantee, its successors or assigns.
main line of the said road has been COM
pleted from. Pensacola to Memphis, Ten
nessee, within the time herein provided
all the right, title and interest of the City
OF Pensacola in and to the lots in the
Water Front OF the City of Pensacola
hereinbefore granted between the shore
the Pensacola, Mobile and New Orleans
Railroad Company on the South West and
Olive Street on the East and to make a
deed to the said grantee, its SUCCESSORS
ana assigns, for the said property
Section -. All grants herein are made
by the City and accepted by the grantee
upon the express condition that at all
DCESOxl,
poration shall under substantially sim
liar conditions and circumstances, have
equal access to and use of the facilities
for shipping and doing business wherein
the tracks, spurs. switches. sidetracks or
wharves are necessary or convenient to
such shipping or business, upon the pay
or assigns of fair and reasonable charges
therefor. The said grantee further ex-
pressly agrees that all said charges shall
be equal and without unjust discrimina-
IN n rnA n 49, n
corporations, and the said grants are ac-
cepted 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 II of this ordinance shall be
used and operated by It, it's successors
and assigns, as the facilities and property
of common carrier and shall be used
and operated only as such common car
rfer. and not as private property. 1t is
provided that the provisions of this Sec
ton are not to be construed as to allow
any other railroad company the use of
the tracks of the grantee herein, its
successors or assigns, with any other mo-
tive power. except that furnished by the
grantee. its SUCCESSORS and assigns. The
said grantee. its successors or assigns,
shall. furnish power adequate to meet the
demands of the business.
Section Is. The City reserves the right
TO pass and enforce such reasonable regu-
latlons and requirements as to the man
ner of operating the railroad upon any
and number Except as is herein pro-
vided) of tracks therein, as IL may deem
necessary and proper. and nothing herein
shall be construed to be in derogation OF
the Cjty'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
its successors and assigns, are hereby au-
thorized to construct and operate its rail-
road
Section H. The grantee, fits successors
and assigns, shall be allowed forty-five
days from the passage of this ordinance
within which to file written acceptance
of the same in the Office Of the Clerk of
the City of Pensacola, II said acceptance
is not flied with the said Clerk within the
said time, all the grants. rights and priv
Ieges granted by this ordinance shall
terminate, and the said grantee, its sue
cessors and assigns, shall cease to have
any further interest or right therein.
Neither the said acceptance. nor this
ordinance shall be effective unless the said
acceptance Is accompanied by a bond of
a Guarantee Company authorized to do
business in the State of Florida condi-
toned for the payment to the City OF
Pensacola Of the sum of ten thousand
dollars in the event of the failure of the
grantee, its successors or assigns. to COM
plete the construction of the said road
from Pensacola TO Meridian, Mississippi.
IN the manner and within the time pre-
Scribe7 In any bV Sections 4 and II of