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• <br />• <br />~e. Southern Pacific to construct and maintain <br />a chain link fence (not less than 6 feet in height) around <br />the yard and to plant and maintain a visual screen outsYde <br />of <br />of such fence/appropriate shrubbery and trees. Southern <br />Pacific to undertake, in accordance with accepted railroad <br />practices, to provide for all reasonable and proper safety <br />measures in regard to the operation of the yard. The con- <br />templated design now provides, to the greatest extent <br />reasonably possible, for reduction in the sound of the <br />moving cars. <br />f. Southern Pacific to agree to pay to the <br />• City of La Porte a sum equal to all legal fees and asso- <br />ciated expenses actually incurred by the City in the <br />prosecution and filing of the lawsuit. <br />Southern Pacific's attorneys have pointed out, <br />and the City's attorneys agree, that if settlement later <br />proves impossible, another preferred setting can always <br />be secured. Since the Court has already ruled that Southern <br />Pacific does not have available the defense alleging delay <br />by the City in either bringing or prosecuting the suit, <br />Special Counsel states that the City will not be prejudiced <br />by agreeing to pass the present setting. <br /> <br />-4- <br />