HomeMy WebLinkAboutR-1973-04
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RESOLUTION NO. 73-04
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A RESOLUTION RELATING TO NORTH "L" STREET AS A MAJOR
STREET AND THOROUGHFARE WITRIN THE CITY OF LA PORTE
AND DIRECTING LEGAL ACTION IN CONNECTION THEREWITH.
WHEREAS, North "L" Street as shown on the
Thoroughfare Plan of the City of La Porte (prepared by
Bernard Johnson Engineers, Inc., October 19, 1965) as
heretofore authorized by the City Commission of the City
of La Porte as the La Porte Texas Comprehensive Plan, de-
picts and shows North "L" Street as a major street or
thoroughfare; and the establishment of North "L" Street as
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a major street or thoroughfare within the City has been
part of the Comprehensive Plan and Thoroughfare Plan of the
City since 1965; and
WHEREAS, North "L" Street has also been shown on
the Major Street and Thoroughfare Plans of the City of
Houston Planning Commission as part of the area-wide major
street plan for many years antedating City of La Porte's
establishment thereof; and North ilL" Street is still shown
on the Major Street Plan of the Planning Commission of the
City of Houston as one of the major streets and thorough-
fares in this portion of Harris County; and
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WHEREAS, the City Commission of the City of La
Porte finds and determines that Southern Pacific Trans-
portation Company has denied that North "L" Street exists
in the location described in the field notes attached here-
to and made a part of this Resolution; and, upon the facts
reported to it, the City Commission finds and determines
that North ilL" Street, as shown by such field notes, is a
public street now being encroached upon and illegally used
by Southern Pacific Transportation Company without the con-
sent of the Ci,ty Commission of the City of La Porte duly
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expressed by franchise, as in the City Charter provided;
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NOW, THEREFORE" BE IT RESOLVED :BY ,THE CITY ,COMMISSION OF
THE CITY OF LA PORTE: '
Sectibtl 1.
That the law firm of Sears and
Burns, Special Counsel for the City of La Porte, and the
City Attorney of the City of La Porte be and they are here-
by authorized and instructed to file suit against Southern
Pacific 'Transportation Company for injunction and declar-
atory relief to establish that North "L" Street, as de-
scribed in the field notes attached to this Resolution, is
a public street, and to enjoin Southern Pacific Transporta-
tion Company from making unlawful use of such street and
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encroaching thereon.
Section 2.
In the alternative, and only in the
event that it be finally determined that the tract of land
described in the field notes attached hereto is not now a
public street, then and in such event, the City Commission
of the City of La Porte does hereby DETERMINE THE NECESSITY
FOR AND ORDER the acquisition for public use of the fee
simple title for street purposes in and to such tract of
land and hereby directs Special Counsel and the City At-
torney to file and prosecute an alternative cause of ac-
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tion for and on behalf of the City to condemn and acquire
the fee simple title to such property as a portion of North
"L" Street within the city limits of the City of La Porte.
Nothing contained in this Section 2 shall constitute an ad-
mission that the City of La Porte, as trustee of the general
public, is not vested with an easement for street purposes
over, upon and across North "L" Street, as described, or that
Southern Pacific Transportation Company has fee simple title
to such strip unencumbered by such public easement for street
purposes; and this section of the Resolution only authorizes
an alternative cause of action as aforesaid.
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Section 3.
This 'resolution shall be effective
from and after its pass~ge and approval.
PASSED AND APPROVED, this' ~ day of A~gust, 1973.
CITY OF LA PORTE
By: .~./?. ~~
~. A. Thomas, Mayor
~1~ST: , ~
~/V _on -...,/
ty Clerk
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APP~~ ~
C1ty Attorney
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