The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-02-27
LEGAL NOTICE.

side thereof. and SO much thereof an may
be damaged or disturbed In the prosecu-
ton of the work herein authorized. 80 as
to conform to the established Grade.
making the needed repairs with like
material uAed in said paving, and shall
construct the necessary storm water in
let's and drains and connect to the storm
water sewer all 70 the satisfaction OF
the Board OF Public Works
Section 5. The work OF constructing
the roadbed and laying tracks permitted
under this ordinance. shall Be % done
more than one street perpendicular to
Wright street shall be obstructsd or TN
peded at any one time, and the work
OF repairing, rcsurfacing and repavtng
the streets, or portions Of streets, dis
turbed by said railroad, shall be done
under the supervision and direction Of the
Board OF Public Works.
Section s. That all the streets herein
mentioned, crossed or occupied by the
tracks Of said railroad company, shall be
guarded by watchmen, or protected by
gates. as the Council may By resolution
determine to be necessary for the public
safety.
Section T. At every point where the
railroad tracks Of said company cross any
street, or avenue, herein mentioned'
which 10 now, or shall be hereafter,
maintain. as the Council may by rNsom-
ton determine, enc arc Hight equal to the
General Electric Series &c AnperSs alter
mating current enclosed arc lamps, con-
Stunning not less than 400 watts at the arc.
Section 8. That the city shah have the
authority to require the grantee, at any
think that the interests OF the public de-
mand It. to construct and maintain .
plank crossing across Its tracks at thu IN
closed by this ordinance. suoh crossing to
be Of such width as in the opinion OF
the Mayor and City Council shah be
crossing Of same by persons ana vehicles.
Section 8. That this ordinance IL passed
upon the express condition, and II shall
be Of no effect unless the SD cd raLlrUsd
after the approval OF this ordinance, COM
mence the construction Of q modern pas
senger depot building on arpent lots 81
same completed within two ca years
Section TO- That as a further consid-
hereby granted, the said railroad com
pany shall at the time Of fling its ac-
esptance Of this ordinance pay 70 the
and Dollars (SE,ooo.ool. and shall make
and deliver to the City OF Pensacola a
deed In fee simple to the west sixty (e0l
feet ION Garden streeO Of lots $50 and
321, Old City.
Section IL That the city of Pensacola
n granting the rights. privileges and
only to grant such as 1t has the power
to grant. and not as warTanting the same
or subjecting itself to any damage or
reason Of granting the same, and the said
grantee, its successors and assigns, by
accepting the franchise granted by this
ordinance, shall thereby bind themselves
TO release the City of Pensacola from
any liability for damages 10 them what
ever occasioned or arising by reason OF
the adoption of this ordinance, or by
reason OF the exercise or enjoyment OF
any rights, privileges or franchises which
are hereby granted. and they shall
thereby bind themselves to defend, hold
harmless and indemnify the City Of Pen
sacola against any and all actions, claims
and liability whatsoever to which Il may
Section Il. The right is reserved 70
the City Of Pensacola to grant the privi-
lege to other railroads to cross any track
laid on the streets hereby granted. ex-
cept the portions of streets which are
hereby closed, and to adopt and enforce
such REASONABLE regulations as the public
safety and convenience may require and
as the Council may prescribe.
Section 10. Notwithstanding anything
elsewhere IN this ordinance to the con-
trary, It is condition Of the continuance
Of each and all the rights and privileges
herein and hereby granted that the said
grantee, it's successors or assigns shall
permit connections with their tracks be-
by any tracks which the City Of Pensacola
may build, or authorize to be built, from
any wharves, docks or warehouses. that
may be hereafter constructed in that
portion of the water front of Pensacola
lying east Of Muscogee wharf and shall
without determination. and for the prices
and charges authorized by law, or as may
be customary and reasonable, carry and
transport freight IN not less than car
load lots to and from points on their
main line and over said connecting tracks
to and from any such safe wharves. docks
or warehouses, within said limits: pro-
vided, however, that all tracks necessary
to connect any track OF the said grantee
or assigns, at the nearest and most prac-
ticable point with any such wharf, dock
or warehose, for the service herein pro-
vided for, shall be connected, constructed
and maintained by the city, or by the
owners Of said wharves, docks, or ware
houses, and without any expense to said
or assigns. shall have the right 10 desig-
nate the track With which, and the point
thereon, and the manner in which such
connection shall be made
Section II. The grantee shall be al
lowed thirty 600 days from the passage
Of this ordinance within which to file in
the ONCE OF the City Clerk its written
| acceptance of the same, and therey ac-
cepting and consenting to each and every
this ordinance. II said acceptance be not
fled with the said City Clerk within the
said time, and the payment provided for
| in Secion 10 be not then made, all the
rights, grants and privileges granted by
this ordinance shall terminate, and the
said grantee, It's successors and assigns.
shall cease to have any further interest
o. right herein.
Passed February /, 1912
Approved February Z, 1919.
FRANK REILLY.
Attest: Mayor.
L. G. AYMARD,
CIV C1ark