The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-02-03
LEGAL NOTICE.


they are authorized to be constructed.
This provision, however, shall not be con-
sfrued to require the grantee its sue
to the Level 81 ths 81 made e By Sp t any
Section TO- That the said grantee. its
successors and assigns, are hereby
which may be constructed by any rail-
road company On the West side of Spring
Street in the City OF Pensacola under the
s1or ssd sS CIV Gous s6 SS the Sy ps sRe
nent Of q reasonable compensation by
the grantee it's successors or assigns. to
wnateEer railroad company that may be
as Is provided By ordinance.
Section IL That the Mayor and City
Council Council Of the City q Pensaeola are
to the grantee, Its successors and assigns,
ell the right. title and interest of the
City Of Pensacola In ard to all the lots
Ia the grant covered ever BY this his ordinance sI
as herein granted. bounded on the North
ana On the South west By the property
Of the Pe1sacol2, Mobile and New Orleans
Railroad Company. and on the East by
Oliya Street, upon the payment by. the
said grantee, jts successors or assigns.
20 the CITY Of Pensacola on or before the
1et day OF July. A. D., 1912. OF the sum
OF three hundred dollars, and after the
furnished to the City Council Of Pensacola
satisfactory proof that the actual con-
ssrncfion Of the main line Of the said road
snail have been commenced as herein
before required. and that ten (1o) miles
o. SAID nns has been graded. crosetied
and ironed, 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
~ Ins gats rlg i. t prviiGlsgss herein
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 q Northeriy
direction within six months after the
comm ncexnent OF work. or II the main
NE q said road shall not be completed
years and six months from the commence
ment Of the work. and TO Memphis. Ten
nesBee. by December 1. 1915. And in the
signs. shall not, within the time herein
prescribed for the completion of said rail-
read from Pensacola to Memphis. Ten
the operation and business Of said rail-
road, four 90 substantial wharves or piers
extending from the shore Of the Bay into
the lines described In Section / hereof.
al the right. title and interest In and
to al the space IN the Water Front lying
OF the Pensacola. Mobile q New Orleans
Railroad Company, herein and hereby
granted. or authorised to be granted or
COuNcyCuy OF SO MUCu OF BalQ space as
shall not at said time be actually used
and occupied by any such wharf or pier
ana warehouse, or other structures, built
along side and adjoining any such wharf
SUCCESSORS and assigns. for the business
OF said railroad. shall cease and determine
forever, and the City shall have the right
70 re-enter and take possession thereof
the same as x the grant or conveyance
herein mentioned had never been made,
provided that the occupation or use of
mentioned herein shall be construed as a
use and occupation BY the said Railroad
OF the slips or waters adjacent to such
whaTves. 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
have fnrnthed satisfactory proof that the
main line Of the said road has been COM
pieted from Pensacola to Memphis, Ten
neSsee, within the time herein provided,
al 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
line on the North and the property of
the Pensacola, Mobile and New Orleans
Railroad Company on the South West and
Oliva Street on the East, and to make a
deed to. the said grantee, It's 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 al
poraticn shall under substantially sim
liar conditions and circumstances, have
equal access to and use OF the facilities
for shipping and doing business wherein
wharves are necessary or convenient to
such shipping or business. upon the pay
ment to the said grantees, its successors
or assigns Of fair and reasonable charges
therefor. The said grantee further ex-
pressly agrees that al said charges shall
be equal and without unjust diserimina-
Ill
corporations. and the said grants are ac-
cepted by the grantee with the express
agreement and declaration that the said
them hereby and in the deeds referred TO
n Section IL Of this ordinance shall be
used and operated by It. fits successors
and assigns, as the facilities and property
Of q common carrier and shall be used
and operated only as such common car
rier. and not as private. property. It is
tion are not to be construed as to allow
sny other railroad company the use of
the tracks OF the grantee herein. it's
tive power. except that furnished by the
grantee. It's successors and assigns. The
said grantee, its successors or assigns,
shall furnish power adequate to meet the
demands Of the business
Section IL. The City reserves the right
TO pass and enforce such reasonable regu-
ner OF operating the railroad upon any
OF the streets or wharves and the location
ana number Except as is herein pro-
vtded1 OF tracks therein. as Il may deem
necessary and proper, and nothing herein
shall be construed to be In derogation Of
the Citys 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 all-
thorized TO construct and operate It's rail-
road.
Section Il. The grantee. its successors
and assigns, shall b allowed forty-f1ve
days from the passage Of this ordinance
within which to file written acceptance
Of the same In the cffice Of the Clerk of
the City Of Pensacola. II said acceptance
Il not AIed with the said Clerk within the
said time, all the grants. rights and priv
Heges granted by this ordinance shall
terminate. and the said grantee, It's sue
cesSors and assigns, shall cease to have
any further interest or right therein
Neither the said acceptance nor this
ordnance shall be effective unless the said
acceptance is accompanied by a bond OF
q Guarantee Company authorized 10 do
business In the State Of Florida coudi~
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 10 COM
piete the construction of the said road
from Pensacola to Meridian, Mississippi.
IN the manner and within the time pre-
scribed IN any by Sections and II of