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HomeMy WebLinkAboutO-1973-957 . . 957 ORDINANCE NO. . AN ORDINANCE AUTHORIZING AND APPROVING THE EMPLOYMENT OF SEARS AND BURNS, ATTORNEYS, TO REPRESENT THE CITY OF LA PORTE IN CONNECTION WITH THE RAIL YARD PLANS OF THE SOUTHERN PACIFIC COMPANY; ESTABLISHING A FEE FOR SUCH SERVICES AND MAKING AN APPROPRIATION FOR THE PAYMENT THEREOF; MAKING FINDINGS OF FACTi PROVIDING FOR THE MANNER OF ACCEPTANCE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, on September 7, 1972, the City Commission of the City of La Porte authorized the appointment of the law firm of SEARS AND BURNS, of Houston, Texas, to conduct a preliminary investigation on the feasibility of litigation with the Southern Pacific Railroad Company on its plans for the construction of a rail classification yard in the northwest portion of La Porte; .' and WHEREAS, the law firm of Sears and Burns, through Will Sears, one of its general partners, has conducted such preliminary investigation and rendered a preliminary report and opinion to Mr. Knox W. Askins, City Attorney of the City of La Porte, and the City Commission has been fully advised of its contents and has received recommendations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. That the law firm of Sears and Burns of Houston, Texas, is hereby employed and retained to represent the City of . La Porte and any and all necessary and proper officers and commissions of the City of La Porte in any and all matters in connection with the plans of the Southern Pacific Railroad Company (Southern Pacific Company to construct a rail c1assi- fication yard or rail marshaling yard in the northwest portion of the City of La Porte, hereby fully authorizing and empowering such firm to represent such City, officers and commissions in any and all suits in district court to prevent the violation of any and all ordinances of the City of La Porte being violated by the construction of such railroad project or to establish on .' behalf of the City of La Porte the lawful existence of any street or alley being unlawfully invaded and encroached upon . . . . . . Ordinance No. 957 , Page 2. by said railroad company and to abate or prevent (or both) any such unlawful invasion or encroachment upon any such street or alley or to acquire by legal proceedings the right-of-way for any major street or thoroughfare, either existing or proposed, shown on the Thoroughfare Plan of the City of La Porte (pre- pared by Bernard Johnson Engineers, Inc., October, 1965) as heretofore authorized by the City Commission of the City of La Porte, which La Porte, Texas Comprehensive Plan and the Thoroughfare Plan therein contained are hereby again ratified and confirmed as the comprehensive plan and thoroughfare plan of the City of La Porte. Section 2. At all times throughout this representation and litigation in district court, such law firm shall act in conjunction with and sUbject to the directions of the City Attorney. The retainer set out herein does not extend to appeal, if any, or retrial or rehearing in district court, if any. Section 3. For its services heretofore rendered, the City of La Porte has heretofore agreed to pay and hereby orders the payment of the sum of FIFTEEN HUNDRED DOLLARS ($1,500.00) to the law firm of Sears and Burns; and for services to be rendered in the representation of the City as set out in this ordinance, the City of La Porte has agreed to pay to the law firm of Sears and Burns the sum of THIRTY THOUSAND DOLLARS ($30,000.00) for representation of the City of La Porte in the district court in regard to the matters set out in Section 1 above. It is recognized that, from time to time, certain items of court costs and other necessary and reason- able expenses will be incurred by the firm of Sears and Burns on account of this representation and on behalf of the City of La Porte; and, accordingly, the City Commission has, in addition to the fee of $30,000.00, set aside and approrpriated an additional sum of $500.00 for reimbursement to Sears and e Ordinance No. 957 , Page 3. . Burns for any such reasonable and necessary costs and legal . - expenses, any and all statements or bills therefor to be approved by the City Attorney before presentation to the financial officer for payment. Section 4. City Commission of the City of La Porte recog- nizes that the initiation and prosecution of this representa- tion and litigation may involve the fees and expenses of engineers, consultants and other experts; and separate provision will be made from separate appropriation for any such expense incurred in connection therewith. Section 5. City Commission of the City of La Porte finds . and determines that all provisions of the open meetings law of the State of Texas have been fully complied with prior to the passage of this ordinance; and that proper provision has been made by appropriation from current funds for the payment to Sears and Burns of the two sums of $1,500.00 and $30,000.00 respectively. Section 6. Upon the filing by the City Clerk of a letter from the law firm of Sears and Burns (approved as to its form by the City Attorney) accepting the terms and provisions of this ordinance, this ordinance and such letter shall constitute the complete contract between the City of La Porte and the law firm . of Sears and Burns; and the City Clerk is thereupon directed to prepare and furnish to the law firm of Sears and Burns a certified copy of this ordinance and of the letter of acceptance as it appears in the City's files. Section 7. This Ordinance shall be effective from and after its passage and approval. , 1973. ~ A714 City Clerk