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O-1974-1001
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O-1974-1001
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Last modified
11/2/2016 3:38:31 PM
Creation date
7/20/2006 8:57:24 AM
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Legislative Records
Legislative Type
Ordinance
Date
8/28/1974
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<br />, , <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. ~ <br /> <br />~ <br /> <br />. <br /> <br />. <br /> <br />practices} to, reduce, within all reasonably practical limits, <br />the danger of fire and explosion within the yard including <br />(but not limited to} the maxtmum economic reduction of the <br /> <br />speed of the moving cars; the stationing of switch engines <br /> <br />available for emergency work in accordance with accepted <br /> <br />railroad practices; and immediate warning to City of La Porte <br />Fire and Police Departments of any accident on the mainline <br /> <br />tracks or within the yard involving the escape of dangerous <br /> <br />substances. Southern Pacific has described, during negotiations, <br /> <br />the design of the yard and City is satisfied from such repre- <br /> <br />sentations that such design will materially assist, to the <br /> <br />greatest degree now possible, in reducing the sound of the <br /> <br />moving cars. <br /> <br />6 . <br /> <br />As part of the consideration for entering into <br /> <br />this Stipulation of Settlement without which City of La Porte <br /> <br />would not agree to be bound hereby, Southern Pacific agrees <br /> <br />to pay to City of La Porte at its City Hall at La Porte, <br /> <br />Harris County, Texas, a sum equal to all legal fees and <br /> <br />associated costs and expenses actually incurred by the City <br /> <br />of La Porte in the filing and prosecution of this lawsuit. <br /> <br />Such payment shall be made by Southern Pacific immediately <br />upon the filing of this Stipulation of Settlement and entry <br /> <br />of final judgment. <br /> <br />7. <br /> <br />City has heretofore non-suited and dismissed its <br /> <br />suit against Dahlstrom Corporation and the final judgment will <br />confirm and make final such dismissal. To the extent that the <br /> <br />foregoing Stipulation of Settlement does not grant claims <br />for relief sought by either party, the parties are agreed that <br />all such claims for relief shall be dismissed with prejudice, <br /> <br />-9- <br />
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