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<br />, .-1 <br /> <br />,. <br /> <br />" <br />... <br /> <br />.. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1001 <br /> <br />AN ORDINANCE APPROVING A STIPULATION OF SETTLE~reNT IN CAUSE <br />No. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, <br />l64th JUDICIAL DISTRICT STYLED "CITY OF LA PORTE v. SOUTHERN <br />PACIFIC TRANSPORTATION COMPANY, ET AL" i 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 II STREET; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. <br /> <br />BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: <br /> <br />Section 1. <br /> <br />The City Commission of the City of <br /> <br />La Porte hereby specially approves (for and on behalf of such <br /> <br />City) the "Stipulation of Settlement" in Cause No. 952,376 <br /> <br />in the District Court of Harris County, Texas, l64th Judicial <br /> <br />District, styled "CITY OF LA PORTE, Plaintiff, vs. SOUTHERN <br /> <br />PACIFIC TRANSPORTATION COMPANY, et a1., Defendants" and all <br /> <br />promises, undertakings, terms and conditions contained there- <br /> <br />in. A true copy of such Stipulation of Settlement is attached <br /> <br />to this Ordinance and is incorporated herein and made a part <br /> <br />hereof for all purposes as fully as if set out at length in <br /> <br />the body of this Ordinance. Authority is hereby extended to <br /> <br />the City Attorney and to the firm of Sears and Burns, Special <br /> <br />Counsel for the City of La Porte, to execute this Stipulation <br /> <br />of Settlement for and on behalf of such City, and to cause the <br /> <br />same to be filed when they have approved its execution on be- <br /> <br />half of Southern Pacific Transportation Company, and to move <br /> <br />for judgment to be rendered and entered thereon. <br /> <br />Section 2. <br /> <br />The City Commission hereby FINDS AND <br /> <br />DETERMINES that the public convenience and necessity require <br /> <br />that the grade of the street known as Spencer Highway (or Main <br /> <br />Street) be separated from the grade of the mainline tracks of <br /> <br />Southern Pacific Transportation Company at the intersection of <br /> <br />such street and mainline tracks within the corporate limits of <br />