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• NO. 952,376 <br />IN THE DISTRICT COURT OF <br />HARRIS COUNTY, TEXAS <br />164TH JUDICIAL DISTRICT <br />CITY OF LA PORTE, § <br />§ <br />Plaintiff, § <br />VS. § STIPULATION OF SETTLEMENT <br />§ <br />SOUTHERN PACIFIC § <br />TRANSPORTATION § <br />COMPANY, et al, § <br />§ <br />Defendants. § <br />• TO THE HONORABLE JUDGE OF SUCH COURT: <br />Plaintiff, CITY OF LA PORTE (City) and Defendant, <br />SOUTHERN PACIFIC TRANSPORTATION COMPANY (Southern Pacific) <br />announce to this Honorable Court that they have STIPULATED that <br />the above styled and numbered cause be COMPROMISED and FULLY <br />SETTLED upon the following terms: <br />1. <br />The City Commission of the City of La Porte has, by <br />ordinance, determined that the public convenience and necessity <br />require that the grade of the street known as Spencer Highway <br />(or Main Street) be separated from the grade of the mainline <br />• tracks of Southern Pacific at the intersection of such street <br />and mainline tracks within the corporate limits of the City <br />of La Porte. A bridge passing such street over Southern Pacific's <br />mainline tracks will be constructed, at the entire cost and expense <br />of Southern Pacific, upon a contract to be let in accordance <br />with the Charter of the City of La Porte and the laws of the <br />State of Texas between the City of La Porte and a contractor <br />40 <br />to be selected upon public bids. The general design and layout <br />