The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-01-27
LEGAL NOTICE.

they are authorised to be constructed
Lnas provision. however. shall not be con-
cessors or aeEigns. TO grade up any street
to the level Of the al made BY them.
Section 10. That che said grantee. its
srsntsd the right to use any union depot depot
which may be constructed by any rail-
road company on the West side of Spring
Street IN the City OF Pensacola under the
Mayor and City Council. upon the pay.
ment OF q reasonable compensation by
the grantee, its successors or assigns, TO
operating q union depot upon such space.
as Is provided by ordinance.
Section II. That the Mayer and City
Council Of the City of Pensacola are
hereby authorized and directed to convey
to the grantee, Its successors and assigns,
all the right, title and interest of the
IN the water Front of the City embraced
in the grant covered by this ordinance
Except the property in the Water Front
as herein granted. bounded on the North
and on the South West by the property
OF the Pensacola, Mobile and New Orleans
Railroad Company, and on the East by
DIVA Street, upon the payment by. the
said grantee, Its successors or assigns.
to the City Of Pensacola on or before the
1st day Of July. A. D., 1912, of the sum
grantee, it's successors or assigns, have
furnished to the City Council of Pensacola
satisfactory proof that the actual con-
skFuctt0n of the main line of the said road
shall have been commenced as herein
before required, and that ten (101 miles
or said line has been graded, crosstied
ana s,,Soi isoned. and to make deed to it. its
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
successors and assigns, shall cease and
determine forthwith II the main line shall
not be completed for 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
years and six months from the commence
ment Of the work, and to Memphis, Ten
neSsee, by December 1, 1875 And in the
event said grantee. its successors or as
signs, shall not, within the time herein
prescribed for the completion of said rail-
nessee,. have constructed, and in use for
the operation and business of said rail-
road, four 10 substantial wharves or piers
extending from the shore OF the Bay into
the lines described in Section l hereof,
ali the right, title and interest in and
Weston the boundary line of the property
Of the Pensacola, Mobile & New Orleans
Railroad Company, herein and hereby
granted, or authorized to be granted or
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-enter and take possession thereof
the same as IL the grant or conveyance
herein mentioned had never been made,
provided that the occupation or use of
az
mentioned herein shall be construed as a
use and occupation by the said Railroad
OF the slips or waters adjacent to such
Waarves, piers or warehouses.
The Mayor and City Council are hereby
authorized and directed to convey to the
grantee, its successors and assigns. after
have furnfhed satisfactory proof that the
main line of the said road has been COM
pletsd 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
sWater Front of the City of Pensacola
on tns and tbs tas sno
the Pensacola Mobile and New Orleans
Railroad Company on the South West and
Diva Street on the East, and to make a
deed TO the said grantee, its successors
and assigns. for the said property.
section IL. All grants herein are made
by the City and accepted by the grantee
upon the express condition that at all
times each and every person, firm or cor
poration shall under substantially sim
Tar conditions and circumstances. have
equal access to and Use of the facilities
tor shipping and doing business wherein
the tracks, spurs. switches, sidetracks or
wharveS are necessary or convenient to
such shipping or business. upon the pay
ment to the said grantee, its successors
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 diserinlina-
ton to every and all persons firms and
corporations, and the said grants are ac-
cepted by the grantee with the express
agreement and deeiara ton 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 1t, its successors
and assigns. as the facilities and property
OF common carrier and shall be used
and operated only as such common car
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-
lations and requirements as to the man.
ner of operating the railroad upon any
Of the streets or wharves and the location |
and number Except as is herein pro- |
videdl of tracks therein, as it may deem
necessary and proper, and nothing herein |
shall be construed to be in derogation of
the City'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, !
fits successors and assigns, are hereby au-
thorized to construct and operate its rail- |
road
Section IL. The grantee, its 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. If said acceptance |
is not Alec with the said Clerk within the
said time, all the grants, rights and priv |
iieges granted by this ordinance shall |
terminate. and the said grantee. its suc-
ce6sors 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
q 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, Mfssissippi |
IN the manner and within the time pre-
scrsbed in any by Sections and II Of |
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