O-1974-1001 - Laserfiche WebLink

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. . . d 0( e e fication yard, Southern Pacific plans to cross North "P" Street in the City of La Porte with several switch tracks in addition to the two mainline tracks which now cross such street. While Southern Pacific does not deny the lawful existence of such street, Southern Pacific does contend that it has the right to operate trains upon such tracks across such street when the yard is completed without a franchise, from the City, but the City denies that Southern Pacific has any such right. City recognizes that, in order to effect a complete settlement of all disputes between the parties, it is essential that Southern Pacific be authorized to establish such switch tracks as part of the classification yard. However, the City Commission of the City of La Porte has, by ordinance duly enacted, found and determined that the crossing of such . switch tracks across North "P" Street at grade and the operation of trains, engines and cars thereon will constitute an extremely dangerous traffic hazard which cannot be controlled by ordinary warning devices or safeguards. Accordingly, by the same ordi- nance, the City Commission has, in furtherance of the public interest and general welfare, vacated, closed and abandoned for public street purposes all of that portion of North "P" Street traversing Southern Pacific's property from the easterly ~ boundary thereof to the westerly boundary thereof. ~ 5. Southern Pacific obligates itself to construct and maintain a chain link fence, not less than 6 feet in height, around its classification yard, and to plant and maintain a visual screen outside such fence, consisting of appropriate shrubbery and trees. Southern Pacific represents and guarantees to City that all reasonable and proper safety measures will be taken by Southern Pacific (in accordance with accepted railroad -8-