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4 - <br />0 <br />• <br />ORDINANCE NO. 1001 <br />AN ORDINANCE APPROVING A STIPULATION OF SETTLEMENT IN CAUSE <br />No. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, <br />164th JUDICIAL DISTRICT STYLED "CITY OF LA PORTE v. SOUTHERN <br />PACIFIC TRANSPORTATION COMPANY, ET AL"; DETERMINING THAT THE <br />PUBLIC CONVENIENCE AND NECESSITY REQUIRE A GRADE SEPARATION <br />AT THE INTERSECTION OF SPENCER HIGHWAY AND SOUTHERN PACIFIC <br />TRANSPORTATION COMPANY'S MAINLINE; TAKING CERTAIN GOVERN- <br />MENTAL ACTION RESULTING IN THE ESTABLISHMENT OF NORTH "L" <br />STREET 200 FEET WIDE ON AN ELEVATED 22.5 FOOT STREET EASE- <br />MENT; VACATING, CLOSING AND ABANDONING A PORTION OF NORTH <br />"P" STREET; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: <br />Section 1. The City Commission of the City of <br />La Porte hereby specially approves ( for and on behalf of such <br />City) the "Stipulation of Settlement" in Cause No. 952,376 <br />in the District Court of Harris County, Texas, 164th Judicial <br />District, styled "CITY OF LA PORTE, Plaintiff, vs. SOUTHERN <br />PACIFIC TRANSPORTATION COMPANY, et al., Defendants" and all <br />promises, undertakings, terms and conditions contained there- <br />in. A true copy of such Stipulation of Settlement is attached <br />to this Ordinance and is incorporated herein and made a part <br />hereof for all purposes as fully as if set out at length in <br />the body of this Ordinance. Authority is hereby extended to <br />the City Attorney and to the firm of Sears and Burns, Special <br />Counsel for the City of La Porte, to execute this Stipulation <br />of Settlement for and on behalf of such City, and to cause the <br />same to be filed when they have approved its execution on be- <br />half of Southern Pacific Transportation Company, and to move <br />for judgment to be rendered and entered thereon. <br />Section 2. The City Commission hereby FINDS AND <br />DETERMINES that the public convenience and necessity require <br />that the grade of the street known as Spencer Highway (or Main <br />Street) be separated from the grade of the mainline tracks of <br />Southern Pacific Transportation Company at the intersection of <br />such street and mainline tracks within the corporate limits of <br />