The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-02-10
LEGAL NOTICE.

hereby conferred are subject to the pro-
Visions OF the Act OF the Legislature
sacols, and to the conditions hereinafter
There is also hereby granted to the said
Che right title and interest OF the City Of
Pensacola in and TO the space between
the shore line on the North and the
New Orleans Railroad Company on the
south West, and Olivia Street on the
East (said space forming triangle with
OF constructing yards. piers. terminal ia
clhtles and warehouses and the running
Of tracks thereon. and for such other
business Of the said Railroad: but this
grant Of the space between the shore line
on the North and Olivia Street on the
East and the Pensacola. Mobile and New
Orleans Railroad Company's property On
the South West. is conditioned upon the
construction by the grantees. its successors
railroad extending from Pensacola to
Memphis in the State OF Tennessee. and
the construction by the grantee, it's sue
the said space within five years from the
approval Of this ordinance TO cost not
less than one hundred Thousand dollars.
The grants of property in the Water
Front hereby made and the rights iii such
property hereby conferred are subject to
the provisions Of the Act of the Isegis-
lature granting such space to the City of
Section 8. The right is reserved TO the
City to grant the privilege TO other rail-
roads to cross any track laid OH the
Streets hereby granted and to pass and
enforce such reasona bic regulations and
requirements as to the grade, construc-
ton and maintenance Of the tracks and
any Of the streets or wnarves, and the
location and number, Except as herein
otherwise provided.) Of tracks thereon as
It may deem necessary and proper.
Section 4. The actual work of con-
strueting the main line OF the said Rail-
road to be constructed from Pensacola
sacola within six months after the ac-
ceptance<of this ordinance as herein pro-
yided. and thereafter actively prosecuted
time herein provided Failure to comply
with the provisions Of this Section shall
operate as forfeiture of all the grants
granted The work on the spur tracks
and wharyes shall be completed from time
to time as the necessities of the business
require. At least fifty miles of the said
Road shall be completed within six
months from the time Of the commence
Enent Of the work as herein provided, and
cola to Meridian. Mississippi. within two
years and six months from the time Of
commencing work. and the said Road
see. by December 1. 1915 The said
grantee, its SUCCESSORS and assigns. shall
Immediately upon the completion OF the
S11lu utty miles operate nrSI class daily
freight and passenger train over said line
to Pensacola, and failure to complete said
fifty miles or to complete the road from
Pensacola to Meridian. Mississippi. and
to Memphis. Tennessee within the re-
spective times or to operate freight and
passenger service as aforesaid shall
rights, grants and privileges hereby
granted in this ordinance The said gran
tee. its successors and assigns. agree to
occupy one-half of the streets not now
under hAHain
granted before the 1st day of Deceulbex.
1918. and the other half of said streets
pn ntR the 5ee nrye es b or
II. however. one-haR of said streets
shall not be occupied by December 1st-
1913 al privileges hereby granted shall
cease as to any such street not so oc-
cupied, and If by December 1st. 1914, all
of such streets shall not be so occupied
an privileges herein. granted shall cease
said privileges shall cease also as to any
such street. wharf or other property II
signs shan discontinue the use thereof for
twelve consecutive months after having
made use. of such street, wharf or other
property in the manner provided for by
this ordinance.
Section s. Nothing in this ordinance
shall be construed to permit the con-
struction of any tracks or other structure
or other title. BY any person or persons
other than the said granIee its successors
or assigns. from the City until the terrni-
nation of such lease or other title or
the same shall have been acquired by the
said grantee, it's successors or assigns
by purchase or otherwise.
Section 6. That the City of Pensacola
in granting al the rights, privileges
and franchises herein mentioned, shall be
held only to grant such as it has the
power to grant and not as waTranting the
same, or subjecting itself to any damage
or liability whatever, that may occur by
reason of granting the same and the said
grantee, its successors and assigns, by ac-
ceptIng the franchise granted by this or
diusItce, shah thereby bind themselves to
release the City OF Pensacola from any
liability for any daraage-to them what.
ever, occs stoned or arising by reason of
the adoption Of this ordinance. or by rea-
son of the exercise or enjoyment of any
right. privilege or franchises, which are
selves to indemnify the City of Pensacola
against any and all liability to which It
may be subjected ther-py.
section I. The tracts of the said rail-
road in all Of the streets above mentioned
shall be laid and maintained upon the
grade designated by the City authorities.
except that where no grade therefor shall
thoritles prior to the construction of the
said roadbed. said grantee. its successors
and assigns, shall have the right to con-
form as near as practicable to the natural
grade of the land. but in all cases the
railroad bed and tracks shall be made
to conform to the grade from time to time
|
authorities, and upon al Of the streets
mentioned. said tracks shall be laid and
maintained. so as to admit of the free
and easy passage Of all vehicles along
and across said streets.
Section s That the said grantee, its
successors ana assigns, shall keep and
maintain the streets between its tracks
and for eighteen inches on either side
thereof in the same condition as the City
shall keep Or require 70 be kept the same
streets adjacent TO the parts occupied BY
sid tracks. and shall construct and main
tain all necessary intersecting street
crossings over their said rcadbed and
tracks. And whenever the City or abut-
ting property owners on any Part of the
said streets shall improve or grade or
pave any street or part of street upon
which said grantee. its successors or
assigns, shall construct it's said tracks, or
any part thereof. the said grantee, its
successors and assigns. shall at the same
time, or upon notice given by the proper
authorities, 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
material as is used in improving. grading
or paving the rena inder of said street.
adjacent to the rails and tracks, and shall
maintain the same IN good order and con-
dition to the satisfaction OF the proper
City authorities in accordance with the
terms OF the Charter or ordinance of
the City of Pensacola. And whenever