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<br />e <br /> <br />. <br /> <br />RESOLUTION NO. 74-1 <br /> <br />WHEREAS, by Ord. No. 957 adopted May 23, 1973, the City <br /> <br />Commission employed the firm of Sears & Burns to perform certain <br />4IIl legal services which included the representation of the City of <br />La Porte in any and all suits in District Court to establish the <br /> <br />lawful existence of any street or alley being unlawfully invaded <br /> <br />and encroached upon by Southern Pacific Transportation Company and <br /> <br />to abate or prevent any such unlawful invasion or encroachment; and <br /> <br />WHEREAS, in Cause No. 952376 in the District Court of Harris <br /> <br />County, Texas, l64th Judicial District, styled City of La Porte <br /> <br />vs. Southern Pacific Transportation Company, et aI, such law firm, <br /> <br />joined by the City Attorney, has filed a suit to restrain such <br /> <br />railroad company from violating the City's zoning ordinance and <br /> <br />. <br /> <br />to restrain the encroachment by the railroad company upon North <br /> <br />"L" Street (and in the alternative to condemn right-of-way for <br /> <br />North "L" Street); and <br /> <br />WHEREAS, in such suit such firm, joined by the City Attorney, <br /> <br />has filed an amended petition to restrain the railroad company <br /> <br />(in addition to other injunctive relief requested) from unlaw.- <br /> <br />fully encroaching upon Lomax School Road (North "p" Street); and <br /> <br />WHEREAS, such action in suing for injunction to abate and <br /> <br />prevent encroachment upon Lomax School Road (North lip" Street) was <br /> <br />and is authorized by Ord. No. 957, <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF <br /> <br />'. <br /> <br />THE CITY OF LA PORTE: <br /> <br />Section 1. That the action of the aforesaid attorneys in <br /> <br />suing on behalf of the City of La Porte to abate the encroachment <br /> <br />upon North "p" Street by the railroad company be and the same is <br /> <br />hereby in all things ratified and confirmed, together with all <br /> <br />other actions taken by said attorneys in connection with suing <br /> <br />the railroad company to enforce the zoning ordinance and to seek <br /> <br />relief with respect to North "L" Street. <br /> <br />. <br /> <br />A~ST: _ <br />y~/~/ ~~~ / <br />Cit lerk <br />APPROVED: ..... j <br />~z::d~ <br /> <br />City Attorney <br />