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HomeMy WebLinkAbout1974-08-28 Special Meeting• MINUTED - SPECIAL MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS August 28, 1974 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor E. A. Thomas, Commissioners C. D. Christensen, I. J. Kibodeaux, A. Uel Price, and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, • Director of Finance; Margie Goyen, City Clerk; Knox Askins, City Attorney; Larry Morton, Acting Public Works Director; H. F. Freeman, Chief of Police; D. R. McLaughlin, Fire Marshal; Joe Sease, Fire Chief. PRESIDING: Mayor Thomas. 1. CALL TO ORDER - Mayor Thomas called the meeting to order, and stated that the meeting had been called to approve a law suit settlement with Southern Pacific Railroad. He further stated that he was most happy that an agreement had been reached and all the surrounding area would benefit from it. The suit started in 1969 and had been in litigation until this time; but, hoped this would be the conclusion. U • • 0 Special Meeting 8/28/74 - Continued 2 2. AN ORDINANCE APPROVING A STIPULATION OF SETTLEMENT IN CAUSE N0. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, 164TH JUDICIAL DISTRICT STYLED "CITY OF LA PORTE v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, ET AL'; DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE A GRADE SEPARATION AT THE INTERSECTION OF SPENCER HIGHWAY AND SOUTHERN PACIFIC TRANSPORTATION COMPANY'S MAINLINE; TAKING CERTAIN GOVERNMENTAL ACTION RESULTING IN THE ESTABLISHMENT OF NORTH "L" STREET 200 FEET WIDE ON AN ELEVATED 22.5 FOOT STREET EASEMENT; VACATING, CLOSING AND ABANDONING A PORTION OF NORTH "P" STREET; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. After the ordinance was read in full, motion by Commissioner Price, seconded by Commissioner Christensen to adopt Ordinance No. 1001 as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None (B) STIPULATION OF SETTLEMENT - After the stipulation of settlement was read in full, motion by Commissioner Kibodeaux, seconded by Commissioner Christensen, to accept the stipulation of settlement as read. A copy of which is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None (C) FINAL JUDGEMENT - After the final judgement was read in full, motion by Commissioner Kibodeaux, seconded by Commissioner Price to accept the final judgement as read. A copy of which is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. • • • Special Meeting 8/28/74 - Continued COMMENTS - Mayor Thomas stated that the overpass to be built over Spencer Highway will cost in an excess of one and one-half million dollars; plus, Southern Pacific will reimburse the City for all legal fees for this litigation. He further commend- ed the Commission for their support and a job well done. Mayor Thomas commended both Mr. Knox Askins and Mr. Will Sears for their diligent work on behalf of the City in this suit. Southern Pacific had asked to negotiate, and the City was most pleased with the settlement and it would be beneficial to all. SETTLEMENT - PUBLIC RECORD - Mr. Askins stated that the settlement was now public record. If anyone wanted to read or wanted copies of the complete settlement and judgement, they would be available. He further stated that the settlement was an excellent settlement from the City's standpoint. • 3. CONSIDER RESOLUTION CONCERNING SECURITY PLEDGES BY CITY BANK DEPOSITORIES - Resolution No. 74-4 was read in full. Motion by Commissioner Christensen, seconded by Commissioner Kibodeaux to adopt Resolution No. 74-4 as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LA PORTE, CONCERNING SECURITY PLEDGES BY THE CITY DEPOSITORIES. 0 • Special Meeting 8/28/74 - Continued 4 4. ADJOURNMENT - Motion by Commissioner Kibodeaux, seconded by Commission Christensen that the special meeting adjourn. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. The meeting adjourned at 7:45 P.M. 0 Margie Goyen, tity Clerk Passed and approved this 4th day of September, 1974. 4` zt �=' — - • E. . Thomas, Mayor 0 4 - 0 • ORDINANCE NO. 1001 AN ORDINANCE APPROVING A STIPULATION OF SETTLEMENT IN CAUSE No. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, 164th JUDICIAL DISTRICT STYLED "CITY OF LA PORTE v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, ET AL"; DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE A GRADE SEPARATION AT THE INTERSECTION OF SPENCER HIGHWAY AND SOUTHERN PACIFIC TRANSPORTATION COMPANY'S MAINLINE; TAKING CERTAIN GOVERN- MENTAL ACTION RESULTING IN THE ESTABLISHMENT OF NORTH "L" STREET 200 FEET WIDE ON AN ELEVATED 22.5 FOOT STREET EASE- MENT; VACATING, CLOSING AND ABANDONING A PORTION OF NORTH "P" STREET; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte hereby specially approves ( for and on behalf of such City) the "Stipulation of Settlement" in Cause No. 952,376 in the District Court of Harris County, Texas, 164th Judicial District, styled "CITY OF LA PORTE, Plaintiff, vs. SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., Defendants" and all promises, undertakings, terms and conditions contained there- in. A true copy of such Stipulation of Settlement is attached to this Ordinance and is incorporated herein and made a part hereof for all purposes as fully as if set out at length in the body of this Ordinance. Authority is hereby extended to the City Attorney and to the firm of Sears and Burns, Special Counsel for the City of La Porte, to execute this Stipulation of Settlement for and on behalf of such City, and to cause the same to be filed when they have approved its execution on be- half of Southern Pacific Transportation Company, and to move for judgment to be rendered and entered thereon. Section 2. The City Commission hereby FINDS AND DETERMINES that the public convenience and necessity require that the grade of the street known as Spencer Highway (or Main Street) be separated from the grade of the mainline tracks of Southern Pacific Transportation Company at the intersection of such street and mainline tracks within the corporate limits of • 0 • the City of La Porte; and that a bridge passing such street over Southern Pacific Transportation Company's mainline tracks shall be constructed, at the entire cost and expense of Southern Pacific, upon a contract to be let in accordance with the Charter of the City of La Porte and the laws of the State of Texas between the City of La Porte and the contrac- tor to be selected upon public bids; all in accordance with Paragraph 1 of such Stipulation of Settlement attached hereto. Section 3. In accordance with the terms of Para- graph 2 of such Stipulation, the City of La Porte and Southern Pacific Transportation Company MUTUALLY RECOGNIZE the present • existence of North "L" Street in the City of La Porte across the 23.3557 acre tract of land described in deed recorded in Volume 7990 at pages 515 through 517 of the Deed Records of Harris County, Texas from Elizabeth Welling Cockburn Deaver, et al. to Southern Pacific Company (certified copy of which deed being on file in the above styled and numbered cause marked "Plaintiff's Exhibit No. 4"). The portion of North "L" Street which crosses such 23.3557 acre tract is more fully described in Paragraph 5 of the Second Cause of Action in Plaintiff's First Amended Original Petition on file in such cause (on page 13 thereof) . Furthermore, in accordance with such Paragraph 2, the City of La Porte and Southern Pacific Transportation Company MUTUALLY RECOGNIZE the present exist - 0 ence of such street across Southern Pacific's 100 -foot main- line right-of-way lying westerly of and adjacent to such 23.3557 acre tract, the alignment of such street across such mainline right-of-way being 80 feet wide between parallel northerly and southerly lines projected easterly from the northerly and southerly boundary lines of that portion of • North "L" Street described in the above-mentioned Paragraph 5 of Plaintiff's First Amended Original Petition. The City -2- 0 • • Commission hereby FINDS AND DETERMINES that the construction and crossing of North "L" Street at grade across the classi- fication tracks and mainline tracks of Southern Pacific would be dangerous and contrary to public interest, and further FINDS AND DETERMINES that the only feasible and safe method of con- struction of North "L" Street as an anticipated major thorough- fare across the classification yard and mainline tracks of Southern Pacific will be by bridge overpass over such Southern Pacific yard and tracks. Accordingly, the City Commission of the City of La Porte hereby VACATES, CLOSES AND ABANDONS the easement for street purposes for North "L" Street INSOFAR as the same exists under, upon and over the surface of the classi- fication yard and mainline tracks to a height 22.5 feet above the top of rails completed and installed by Southern Pacific. The street when constructed on the elevated 22.5 foot street easement (hereby recognized and dedicated) shall be construc- ted only on an overpass bridge in accordance with Paragraph 2 of such Stipulation; and the City Commission hereby ACCEPTS THE DONATION AND DEDICATION of the additional 120 -foot ease- ment described in Paragraph 2 of the Stipulation for the widening of North "L" Street in the elevated location speci- fied, subject to the condition subsequent and to all other terms contained in such Paragraph 2. Section 4. The City Commission of the City of • La Porte hereby FINDS AND DETERMINES that the construction by Southern Pacific Transportation Company of several switch tracks (in addition to the two mainline tracks) across North "P" Street in the City of La Porte at grade, and the opera- tion of trains, engines and cars thereon, will constitute an extremely dangerous traffic hazard in such location which can- not be controlled by ordinary warning devices or safeguards. • Accordingly, the City Commission of the City of La Porte in -3- • • • the furtherance of public interest and general welfare, hereby VACATES, CLOSES AND ABANDONS for public street pur- poses all of that portion of North "P" Street (otherwise known as Lomax School Road) in the City of La Porte between the following limits: From the easterly boundary line of the easterly Southern Pacific right-of-way; across such easterly right-of-way; across that certain tract of land described in deed dated June 5, 1972 from Houston Lighting & Power Company to Southern Pacific Transportation Company, filed for record in Harris County under County Clerk's File No. D638727 and recorded under Film Code Nos. 147-27-1384 through 147-27-1388 inclusive (and further described in a correction deed between • the same parties, dated November 21, 1972, filed for record in Harris County under County Clerk's File No. D827326 and record- ed under Film Code Nos. 158-34-0681 through 158-34-0685 inclus- ive); across the westerly right-of-way of Southern Pacific Transportation Company; to the westerly boundary of such west- erly right-of-way. Section 5. This ordinance shall be effective im- mediately upon its passage and approval. PASSED AND APPROVED, this 28th day of August , 1974. CITY OF LA PORTE By: ATTEST: E. A . Thomas , Mayor o Clef City Clerk APPROVED: Gam/, • City Attorney X 4t< Special Counsel for the City of La Porte. -4 • NO. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 164TH JUDICIAL DISTRICT CITY OF LA PORTE, § § Plaintiff, § VS. § STIPULATION OF SETTLEMENT § SOUTHERN PACIFIC § TRANSPORTATION § COMPANY, et al, § § Defendants. § • TO THE HONORABLE JUDGE OF SUCH COURT: Plaintiff, CITY OF LA PORTE (City) and Defendant, SOUTHERN PACIFIC TRANSPORTATION COMPANY (Southern Pacific) announce to this Honorable Court that they have STIPULATED that the above styled and numbered cause be COMPROMISED and FULLY SETTLED upon the following terms: 1. The City Commission of the City of La Porte has, by ordinance, determined that the public convenience and necessity require that the grade of the street known as Spencer Highway (or Main Street) be separated from the grade of the mainline • tracks of Southern Pacific at the intersection of such street and mainline tracks within the corporate limits of the City of La Porte. A bridge passing such street over Southern Pacific's mainline tracks will be constructed, at the entire cost and expense of Southern Pacific, upon a contract to be let in accordance with the Charter of the City of La Porte and the laws of the State of Texas between the City of La Porte and a contractor 40 to be selected upon public bids. The general design and layout • of such overpass bridge is shown in two drawings prepared by Turner, Collie & Braden, Inc., Consulting Engineers, labelled "Design Speed: 40 m.p.h. -- 1677-010 - Spencer Highway Grade Separation Over S.P.R.R. Track - TURNER, COLLIE & BRADEN, INC. CONSULTING ENGINEERS". Each such drawing is dated June 4, 1974 and one drawing is numbered "P.C.-9" and the other is numbered "P.C.- 10". Copies of such drawings are attached to this Stipulation of Settlement and incorporated herein for all purposes. Plans and specifications for the construction of such overpass bridge will be prepared by Turner, Collie & Braden, Inc. under an engineering contract with the City of La Porte and shall encompass the construction design of such bridge in accordance with the • attached drawings. As soon as this Stipulation of Settlement has been filed and this Court has entered its judgment in accordance therewith, the Engineers will be instructed immediately to commence all work necessary to complete the final plans and specifications in order that a contract can be let for the construction of this bridge not later than one (1) year from the date of this Stipulation of Settlement, force majeure excepted. While the engineering contract will be a contract between the City and the Engineers, the plans and specifications are to be submitted to and approved by both City and Southern Pacific. Each party agrees that it will not unreasonably withhold any such approval and specially agrees, that in the event of difference upon any part of the design in the plans and specifications upon which the parties • cannot agree, the decision of the Engineers shall be final in resolving such difference. The parties recognize that the City has the duty and obligation to protect the safety of the public using the overpass bridge for travel and that Southern Pacific has the duty and obligation to protect the safety of personnel and passengers aboard its trains and the safety of its own equipment and the freight being transported by it. Accordingly, each party -2- 0 has the right to continuous inspection of the construction of the overpass bridge and to raise any question concerning the construction contractor's adherence to the plans and specifications, but the decision of the Engineers as to compliance with the plans and specifications by the contractor shall be final. Any expense incurred by City in the approval of the plans and specifications or in conducting any construction inspection shall be borne by City, but any and all other items of cost and expense, direct or indirect, made necessary in order to accomplish the construction of such bridge overpass shall be the sole obligation of and shall be borne by Southern Pacific. Without limiting the generality of the foregoing, it is specially agreed that any litigation against • the City or any litigation necessary to be conducted in the name of the City shall be defended or prosecuted at the sole cost and expense of Southern Pacific and by attorneys retained by Southern Pacific; but City agrees to cooperate in the defense of any suit instituted against either the City or Southern Pacific or both in connection with this construction project and agrees to cause the institution by the City of any proceeding or suit necessary for the proper completion of the project. The engineering fees of Turner, Collie & Braden, Inc. arising out of that firm's engineering contract with City shall be paid directly by Southern Pacific; and the general contractor's or other construction contractors' estimates or estimates or statements billed and sent to City, shall be immediately presented by City to Southern Pacific and • paid by Southern Pacific. Southern Pacific specially agrees • to indemnify and hold City fully harmless against any and all claims, loss, cost, expense, liability or obligation, direct or indirect, arising out of or connected with any of such fees, estimates or bills, as well as any and all other claims, loss, cost, expense, liability or obligation, direct or indirect, otherwise arising out of or connected with such bridge overpass -3- t project (expense incurred by City in the approval of plans and specifications or in construction inspection excepted). In no event shall Southern Pacific be obligated to make any payment to or on behalf of City or defend any litigation against City, as a result of any claim, loss, cost, expense, liability, or obligation, direct or indirect, that does not arise out of the construction of such bridge overpass. 2. City and Southern Pacific mutually recognize the present existence of North "L" Street in the City of La Porte across the 23.3557 acre tract of land described in deed recorded in Volume 7990 at pages 515 through 517 of the Deed Records of Harris County, Texas from Elizabeth Welling Cockburn Deaver, • et al, to Southern Pacific Company (certified copy of which deed being on file herein marked "Plaintiff's Exhibit No. 4"). The portion of North "L" Street which crosses such 23.3557 acre tract is more fully described in Paragraph 5 of the Second Cause of Action in Plaintiff's First Amended Original Peti- tion on file herein, on page 13 thereof. City and Southern Pacific further mutually recognize the present existence of such street across Southern Pacific's 100 -foot mainline right- of-way lying westerly of and adjacent to such 23.3557 acre tract; the alignment of such street across such mainline right-of-way being 80 feet wide betweeen parallel northerly and southerly lines projected easterly from the northerly and • southerly boundary lines of that portion of North "L" Street described in the above mentioned Paragraph 5. The City Com- mission of the City of La Porte has found and determined that the construction and crossing of such street at grade across the classification tracks and mainline tracks of Southern Pacific would be dangerous and contrary to the public interest, and has further found and determined that the only feasible and safe • method of construction of North "L" Street as an anticipated major thoroughfare across the classification yard and mainline tracks of Southern Pacific will be by bridge overpass over such -4- • Southern Pacific property. Accordingly, the City Commission of the City of La Forte has vacated, closed, and abandoned the easement for street purposes for North "L" Street INSOFAR as the same exists under, upon and over the surface of the classification yard and mainline tracks to a height 22.5 feet above the top of rails completed and installed by Southern Pacific. Southern Pacific recognizes the present necessity for the continuance of the plan of North "L" Street as a major street and thoroughfare; and hereby confirms and grants an easement for street purposes for North "L" Street across the 23.3557 acre tract and its mainline right-of-way (as aligned and described above•) Such street is to be constructed only upon • an overpass bridge, and such easement begins only at a height 22.5 feet above the top of rails as such rails are finally completed and constructed. To make the intention of both parties clear, North "L" Street does not now exist in the described location below a plane of 22.5 feet above the rails in the yard and mainline, but an easement for North "L" Street to be built upon an overpass bridge (carrying with it all other reasonable and proper street purposes and uses) shall hereafter exist on a plane 22.5 feet above such surface grade. As part of the consideration for the compromise and settlement involving North "L" Street, Southern Pacific hereby DONATES AND DEDICATES an additional 120 feet easement for the widening of North "L" Street at the same elevation, 22.5 feet above such 23.3557 • acre tract and above such mainline right-of-way, the same being • two 60 -foot strips on either side of and parallel to the above - established 80 -.foot easement for a total width of 200 feet. Southern Pacific's only obligation, with respect to the surface and with respect to the space 22.5 feet above the top of rails under such 200 -foot easement, shall be to provide, at suitably -5- • placed intervals according to accepted engineering standards and practices for the construction of a Type H-20 bridge suffi- cient to sustain speeds of 40 miles an hour, space for two (2) piers for spanning thirteen (13) tracks across its classification yard and an adequate number of bridge piers across its mainline right-of-way, and to arrange its railroad facilities and structures to accommodate such piers. It is specially provided that, as an essential part of the consideration for this part of this Stipu- . lation of Settlement, without which Southern Pacific would not agree to.be bound hereby, Southern Pacific shall not be required to, nor shall it bear any cost and expense of the construction of such bridge overpass for North "L" Street, other than the necessary expense to Southern Pacific which may be involved • in allowing City of La Porte or other authorized governmental agency to enter upon the surface of the railroad classification tract and mainline right-of-way to construct such overpass. Not less than six months' written notice shall be given to Southern Pacific, its successors and assigns, of the intention of City of La Porte or any other authorized governmental agency to commence such bridge construction on North "L" Street. As a condition subsequent to Southern Pacific's confirmation and additional dedication of the entire 200 -foot street easement, it is specially provided that the North "L" Street must be completed not less than fifteen (15) years from the date of this Stipulation of Settlement, failing which the entire 200 -foot street easement shall ipso facto terminate without the neces- sity for re-entry by Southern Pacific, its successors and assigns. It is furthermore specially provided that, if all or any por- tion of such 120 additional feet hereby dedicated is over and across any parcel of land in which Southern Pacific only owns an easement and does not own fee sample to the surface, City shall be solely responsible for obtaining the necessary overpass bridge Mc 0 • street easement from the owners of the fee simple which is encumbered by Southern Pacific's easement. Upon request by Southern Pacific made within a reasonable time after execution of this Stipulation, City will cooperate in establishing the fair value of the additional 120 -foot overhead easement being donated under this Stipulation by Southern Pacific to the public. 3. City contends in this lawsuit that Southern Pacific has no right to build its classification yard because of violation of provisions of its Zoning Ordinance; and Southern Pacific contends that its use and construction of its classi- fication yard is not subject to the zoning powers of the City. . As part of this Stipulation of Settlement of this lawsuit without which Southern Pacific would not agree to be bound hereby, the final judgment to be entered in accordance with the Stipulation of Settlement shall provide that the prohibition of railroad classification tracks, switch tracks and railroad classification yards contained in the City of La Porte Zoning Ordinance or any future Zoning Ordinance has no validity or applicability to the Subject Property described in Plaintiff's First Amended Original Petition on file in the lawsuit, or to Southern Pacific's mainline right-of-way adjacent thereto. This concession and agreement by City and its approval of the judgment containing such provisions are made by City solely for the purpose of • effecting an entire compromise and settlement of all of the disputes between the parties; and nothing herein or in such • judgment shall be construed as invalidating or admitting the invalidity of such Zoning Ordinance generally,or as affecting its application to any other property within the City. 4. As part of its project for building the railroad classi- -7- • 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 MC • practices) to,reduce, within all reasonably practical limits, the danger of fire and explosion within the yard including (but not limited to), the maximum economic reduction of the speed of the moving cars; the stationing of switch engines available for emergency work in accordance with accepted railroad practices; and immediate warning to City of La Porte Fire and Police Departments of any accident on the mainline tracks or within the yard involving the escape of dangerous substances. Southern Pacific has described, during negotiations, the design of the yard and City is satisfied from such repre- sentations that such design will materially assist, to the greatest degree now possible, in reducing the sound of the • moving cars. 6. As part of the consideration for entering into this Stipulation of Settlement without which City of La Porte would not agree to be bound hereby, Southern Pacific agrees to pay to City of La Porte at its City Hall at La Porte, Harris County, Texas, a sum equal to all legal fees and associated costs and expenses actually incurred by the City of La Porte in the filing and prosecution of this lawsuit. Such payment shall be made by Southern Pacific immediately upon the filing of this Stipulation of Settlement and entry of final judgment. 0 7. City has heretofore non -suited and dismissed its suit against Dahlstrom Corporation and the final judgment will confirm and make final such dismissal. To the extent that the foregoing Stipulation of Settlement does not grant claims for relief sought by either party, the parties are agreed that all such claims for relief shall be dismissed with prejudice, 0 • and the judgment will so provide. 8. The form of judgment attached hereto has been approved by the parties as the judgment to be presented to this Honorable Court for the Court's consideration and approval. 9. By the signature of its attorneys, City represents to this Honorable Court that the City Commission of such City has, by ordinance, authorized this Stipulation of Settlement in accordance with the form of judgment attached hereto; and, by the signature of its attorneys, Southern Pacific represents that its Board of Directors has, by resolution, likewise authorized 0 this Stipulation of Settlement. 10. This Stipulation of Settlement and attached Judgment shall be forever binding on Southern Pacific and City, and on their successors and assigns. PREMISES CONSIDERED, Plaintiff and Defendant JOINTLY MOVE this Honorable Court for rendition and entry of final judgment in the form attached hereto and made a part hereof. SIGNED this day of , 1974. KNOX ASKINS City Attorney • City of La Porte Post Office Box 1218 La Porte, Texas 77571 and SEARS AND BURNS WILL SEARS Suite 823, 2 Houston Center Houston, Texas 77002 (713) 654-4454 is BY Will Sears, of Counsel Attorneys for Plaintiff, CITY OF LA PORTE. -10- BAKER AND BOTTS Attorneys at Law 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1234 BY: Robert J. Malinak, of Counsel. Attorneys for Defendant SOUTHERN PACIYTC TRANSPORTATION COMPANY. • 11 NO. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 164TH JUDICIAL DISTRICT CITY OF LA PORTE, § § Plaintiff, § § § VS. § § § SOUTHERN PACIFIC § TRANSPORTATION § COMPANY, et al, § § Defendants. § FINAL JUDGMENT OF THE COURT BE IT REMEMBERED that, on the day of the signing and rendition of this Judgment, all of the parties, Plaintiff CITY OF LA PORTE and Defendant SOUTHERN PACIFIC TRANSPORTATION COMPANY appeared in open court by their respective attorneys of record and ANNOUNCED that the parties had COMPROMISED AND FULLY SETTLED the above styled and numbered cause upon the terms contained in a Stipulation of Settlement signed by the parties on file herein, and thereupon jointly moved the Court to consider, approve, and render final judgment in accordance with such Stipulation of Settlement. The Court having then considered such Stipulation and heard the attorneys with respect thereto, and being of the opinion and finding that such Stipula- tion should be approved It is accordingly, ORDERED, ADJUDGED and DECREED that the Stipulation of Settlement be and the same is hereby in all things APPROVED and is hereby INCORPORATED as part of this Final Judgment for all purposes; and, without limiting the generality of the foregoing approval, • It is further ORDERED, ADJUDGED and DECREED (.1) that the acts and agreements of the parties with respect to the separation of the grade of Spencer Highway (or Main Street) as set out in*Paragraph 1 of the Stipulation and the acts and agreements of the parties with respect to the establishment of North "L" Street upon the terms set out in Paragraph 2 of the Stipulation are SPECIALLY APPROVED; (2) that, in accordance with the agreement of the parties contained in Paragraph 3 of the Stipulation, the prohibition of railroad classification tracks, switch tracks and railroad classification yards contained in the City of La Porte Zoning Ordinance or any -future zoning ordinance be DECLARED to have • no validity or application to the Subject Property described in Plaintiff's First Amended Original Petition on file in this lawsuit, or Defendant's mainline right-of-way adjacent thereto. This declaration is made solely for the purpose of effecting an entire compromise and settlement of all of the disputes between the parties in this lawsuit and nothing in this declara- tion is to be construed as invalidating or establishing the invalidity of such Zoning Ordinance generally, or as affecting the Zoning Ordinance's application to any other property within the City of La Porte; (3) that the acts and agreements of the parties and the determination of the City Commission of the City of La Porte with respect to North "P" Street in the City of La Porte, • as set out in Paragraph 4 of the Stipulation be and the same is hereby SPECIALLY APPROVED and MADE FINAL; (4) that the parties proceed forthwith to carry into effect all of the terms of the Stipulation of Settlement; and that while this Judgment shall be and is hereby declared to be a Final Judgment and this cause shall be removed from the -2- 6 46 trial docket, the Court's jurisdiction to enforce this Judgment by appropriate orders Cupon proper motion and notice) is hereby specially reserved; (5) that the interlocutory Order of Dismissal heretofore rendered as to the suit by Plaintiff against Dahlstrom Corpora- tion be hereby CONFIRMED and made FINAL, and that, to the extent that this Judgment and the Stipulation of Settlement does not grant (in whole or in part) any claims or counterclaims for relief sought by either the Plaintiff City of La Porte or Defendant Southern Pacific Transportation Company, any such claims or counterclaims for relief are hereby, in all things, DISMISSED WITH PREJUDICE. Costs of suit are adjudged against Defendant Southern Pacific Transportation Company. MW SIGNED, RENDERED and ORDERED ENTERED this day of , 1974. APPROVED FOR ENTRY AS THE FINAL JUDGMENT OF THE COURT: KNOX ASKINS City Attorney City of La Porte Post Office Box 1218 La Porte, Texas 77571 and SEARS AND BURNS WILL SEARS Suite 823 2 Houston Center Houston, Texas 77002 (713) 654-4454 BY: Will Sears, of Counsel Attorneys for Plaintiff, CITY OF LA PORTE. -3- Judge Presiding BAKER AND BOTTS Attorneys at Law 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1234 BY: Robert J. Malinak, of Counsel. Attorneys for Defendant SOUTHERN PACIFIC TRANSPORTATION COMPANY. Southern worytotiart Co. O. w H.4..seR 77bw&r., O.W. F'. f'. f? D. YY. to bC-p- re1#F,,foYe - mc9ir! cfr O` OYcrpa ss Te mp o ra i-- y'oo c�✓� o r� d A IV S cc5p /e . / 14p'=/00 00 M M 30 70' K.. C. .r T • � � 1 . A 41 0", 'Ol le, e-ir Je z� CIO 'hall 9 lgis 1431 W e-qst o;P west w OfS G IV 0 Af. 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