HomeMy WebLinkAboutO-1973-962
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ORDINANCE NO.'
962 '
AN ORDINANCE AUTHORIZING AND DIRECTING SPECIAL COUNSEL
FOR THE CITY OF LA PORTE AND THE CITY ATTORNEY OF THE
CITY OF LA PORTE TO FILE SUIT FOR AND ON BEHALF OF THE
CITY TO ENJOIN SOUTHERN PACIFIC TRANSPORTATION COMPANY
AND DAHLSTROM CORPORATION FROM CONSTRUCTING AND MAIN-
TAINING A RAILROAD SWITCH YARD OR CLASSIFICATION YARD
IN VIOLATION OF THE ZONING ORDINANCE OF THE CITY OF
LA PORTE.
WHEREAS, on May 23, 1973, the City Commission
of the City of La Porte adopted Ordinance No. 957 retain-
ing the law firm of Sears and Burns to represent the City
in the matter of the project of Southern Pacific Transporta-
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tion Company (referred to in Ordinance No. 957 as Southern
Pacific Railroad Company) to construct a railroad switch
yard or railroad classification yard in violation of the
City's Zoning Ordinance upon certain property owned by
Southern Pacific in the northwest portion of the City of
La Porte, to which ordinance reference is here made for
all purposes; and
WHEREAS, Southern Pacific Transportation Com-
pany is proceeding with such unlawful construction and is
acting in concert with one Dahlstrom Corporation who is
performing work for Southern Pacific; and
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WHEREAS, under the provisions of Article 1011h,
Vernon's Texas Civil Statutes, the City of La Porte is
entitled to institute any appropriate action or proceed-
ings to prevent the unlawful construction upon the prop-
erty and easements owned and claimed by Southern Pacific
of the railroad switch yard or classification yard and the
unlawful use of such property and easements for such pur-
pose by Southern Pacific and by Dahlstrom Corporation and
to restrain, correct and abate the violation and prevent
the illegal acts, conduct, business and uses being made
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and threatened to be made by Southern Pacific and Dahlstrom
Corporation in and about such land and easements;
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ORDINANCE NO.
962
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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,
Special Counsel for the City of La Porte, and the City At-
torney of the City of La Porte be and they are hereby author-
ized and directed to file suit against Southern Pacific Trans-
portation Company I Dahlstrom Corporation and any and all other
persons deemed by such attorneys to be proper or necessary to
be joined in such suit in order to obtain injunctions, orders
and judgments abating and preventing the violation and threat-
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ened violation of the Zoning Ordinance of the City of La Porte
as set out above.
Section 2.
This ordinance shall be effective from
and after its passage and approval.
PASSED AND APPROVED, this 6th
day of August, 1973.
CITY OF LA PORTE
By:
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E. A. Thomas, Mayor
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City Attorney
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