HomeMy WebLinkAboutO-1974-1001
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ORDINANCE NO. 1001
AN ORDINANCE APPROVING A STIPULATION OF SETTLE~reNT IN CAUSE
No. 952,376 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS,
l64th JUDICIAL DISTRICT STYLED "CITY OF LA PORTE v. SOUTHERN
PACIFIC TRANSPORTATION COMPANY, ET AL" i 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 II 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, l64th Judicial
District, styled "CITY OF LA PORTE, Plaintiff, vs. SOUTHERN
PACIFIC TRANSPORTATION COMPANY, et a1., 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
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the City of La Porte; and that a bridge passing such street
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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
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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-
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
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5 of Plaintiff's First Amended Original Petition. The City
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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 ilL II Street as an anticipated maj or 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 l20-foot ease-
ment described in Paragraph 2 of the Stipulation for the
widening of North "L II 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
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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
19 74 .
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ATTEST:
CITY OF LA PORTE
BY:Z IL. ~::---
E. A. Thomas, Mayor
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cify Cler
APPROVED:
~ ZeJ. dJ
City Attorney
1f,D~
Special Counsel for
the City of La Porte.
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NO . 952, 376
IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
l64TH JUDICIAL DISTRICT
CITY OF LA PORTE,
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Plaintiff,
. vs.
STIPULATION OF SETTLEMENT
SOUTHERN PACIFIC
TRANSPORTATION
COMPANY, et aI,
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
(9r 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
to be selected upon public bids. The general design and layout
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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
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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 bri~ge overpass
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project (expense incurred by City in the approval of plans and
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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 aI, to Southern Pacific Company (certified copy of which
deed being on file herein marked "Plaintiff's Exhibit No. 411).
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
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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
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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
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Southern Pacific property. Accordi~gly, the City Commission
. of the City of La ~orte 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
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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 ilL" 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-~oot 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
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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,
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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 anx parcel of land in which Southern Pacific only owns
an easement and does not own fee simple to the surface, City
shall be solely responsible for obtaining the necessary overpass bri~ge
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street easement from the owners of the fee simple which. is
. encumbered by Southern l?acific'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 l20-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
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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-
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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
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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.
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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
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practices} to, reduce, within all reasonably practical limits,
the danger of fire and explosion within the yard including
(but not limited to} the maxtmum 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.
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,
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and the judgment will so provide.
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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 o,rdinance, 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
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
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day of
, 1974.
BAKER AND BOTTS
Attorneys at Law
3000 One Shell Plaza
Houston, Texas 77002
(713) 229-1234
KNOX ASKINS
City Attorney
City of La Porte
Post Office Box 1218
La Porte, Texas 77571
BY:
Robert J. Malinak,
of Counsel.
and
SEARS AND BURNS
WILL SEARS
Suite 823, 2 Houston Center
Houston, Texas 77002
(.713) 654-4454
Attorneys for Defendant
SOUTHERN PACIFIC TRANSPORTATION
COMPANY.
BY:
Will Sears, of Counsel
.
Attorneys for Plaintiff,
CITY OF LA PORTE.
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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 ilL" 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 de clara-
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 lip" 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
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NO. 952,376
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IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
l64TH JUDICIAL DISTRICT
CITY OF LA PORTE,
Plaintiff,
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FINAL JUDGMENT OF THE COURT
vs.
SOUTHERN PACIFIC
TRANSPORTATION
COMPANY, et aI,
.
Defendants.
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,
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trial docket, the Court's jurisdiction to enforce this Judgment
by appropriate orders tupon 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.
SIGNED, RENDERED and ORDERED ENTERED this
day of
, 1974.
Judge Presiding
APPROVED FOR ENTRY AS
THE FINAL JUDGMENT OF THE COURT:
BAKER AND BOTTS
Attorneys at Law
3000 One Shell Plaza
Houston, Texas 77002
(713) 229-1234
KNOX ASKINS
City Attorney
City of La Porte
Post Office Box 1218
La Porte, Texas 77571
BY:
Robert J. Malinak,
of Counsel.
and
SEARS AND BURNS
WILL SEARS
Suite 823
2 Houston Center
Houston, Texas 77002
(713) 654-4454
Attorneys for Defendant
SOUTHERN PACIFIC TRANSPORTATION
COMPANY .
BY:
Will Sears, of Counsel
Attorneys for Plaintiff,
CITY OF LA PORTE.
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CITY OF L,A . PORTE
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PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
Hay 19, 1980
Hr. D. R. Kirk, Vice-President
Southern Pacific Transportation Co.
P. O. Box 1319
Houston, Texas 77002
Re: Ordinance 1001
Settlement Dated Aug. 30, 1974 _
City of La Porte, Texas and
Southern Pacific Transportation
Dear Hr. Kirk:
In accordance with section 5 (page 8), Stipulation of
Settlement - No- 952,376, in the District Court of Harris
County, Texas, we find after inspection by our Code Enforce-
ment personel, that Southern Pacific has failed to plant
and maintain a visual screen outside the 6 ft. high fence,
said visual screen is to consist of appropriate shrubbery
and trees.
We would appreciate your immediate attention to this
matter.
Since-JielY,
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,/ J. R. Hudg$ns
'City Administrator
J City of La Porte
cc: J. F. Lynch, District Engineer
Southern Pacific Transportation Co.
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;"H::r';E (713) ,'j 71 ,iO;;>_O . P. O. r","~" '1115 . LA POHTE. TEXAS 77571
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July 9, 1976
Mr. J. W. Blasingame, P.E.
Southern Pacific Transportation Company
P. O. Box 1319
Houston, Texas 77001
Dear Mr. Blasingame:
I am enclosing an original letter executed by the City of La Porte
approving plans for fence and living screen around Southern
Pacific's "Economatic Yard" at Strang, Texas.
Thank you for your consideration.
Very truly yours,
P0cZf~~
Margie Goyen
City Clerk
Enclosure
Southern Pacific
Transportation Company
913 Franklin Ave.. P. O. Box 1319. Houston. Texas 77001
PHONE 713.'222-1121
J.W. BLASINGAME. P. E.
DIVISION ENGINEER, HOUSTON DIVISION
July 7, 1976
File: Gl<<) 85953
The Honorable J. J. !feza
Mayor, City of La Porte, Texa.
124 South Second
La Porte, Texa.
Dear Mayor !feza:
Attached print of Drawing No. 76-0326 covers plans for
fence and living screen around Southern Pacific' 8 "Economatic
Yard'" at Strang, Texas.
P1ea.e exeeute original letter and return for Railroad'.
records.
Your. truly.
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City of La Porte. Texa.
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Southern Pacific
Transportation Company
913 Franklin Ave., P. O. Box 1319, Hou sta1 , Texas 77001
Telephone (713) 223-6286
May 27, 1980
Mr. J. R. Hudgens
City Administrator
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Dear Mr. Hudgens:
This will acknowledge your letter of May 19,
1980, regarding erection of visual screen around our
switching yard at Strang.
Appropriate officer will be in touch with you
about this matter.
As a matter of information, Mr. Kirk retired
from the service of this company at the end of March 1980.
Your~y truly,
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Asst. Vice President
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CITY OF LA PORTE
PHONE (713) 471.5020 . P. O. Box 1115 · LA PORTE. TEXAS 77571
May 6, 1980
Mr. Olin G. Humphries, Jr.
Southern Pacific Industrial Development Co.
913 Franklin
P.O. Box 1319
Houston, Texas 77001
Dear Mr. Humphries:
This is in response to my recent conversation with
Mr. Tom Nolan and your letter of request of May 6, 1980,
concerning the 4% charge by Houston Light and Power (HL&P)
on electrical consumption in our community.
HL&P, like other utilities that operate in La Porte
and other cities in Texas, do so under the auspices of a
franchise granted by the City. The utilities, as payment
for the use of public right-of-way, streets, etc., pay to
the City a gross receipts tax. This tax to the utility has
been in effect since the granting of the franchise many years
ago. And, as a cost of doing business, has been passed on to
the utility customers.
This past year HL&P filed a rate increase request system
wide that was eventually heard before the Public Utility Com-
mission (P.D.C.) in Austin. The P.D.C., in establishing the
approved rate schedule for HL&P, required that they display
on their monthly customer bills .the gross receipts tax charged
the utility by their franchisor.
The City of La Porte is not contemplating the levying of
any additional surcharge or tax on electricity consumed by
industrial, commercial or residential consumers.
If I may be of further service or provide additional inform-
ation, please contact me.
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Sincetely,
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d R.C>H~dgenS
GiCity Administrator
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~outhern Pacific
Industrial Development Company
913 Franklin . Houston, Texas 77002 . (713) 223-6356
P.O. Box 1319 . 77001
IN REPLY PLEASE REFER TO
OLIN G. HUMPHRIES, JR.
REGIONAL MANAGER
E. M. WALL
ASSISTANT REGIONAL MANAGER
C. C. ABSHIER, JR.
T. M, NOLAN
INDUSTRIAL DEVELOPMENT
SPECIALISTS
J. W. McCUTCHEN III
C. D. MANLEY
W. M. MORIARTY
SPECIAL REPRESENTATIVES
May 6, 1980
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Mr. James R. Hudgens
City Administrator
City of La Porte
604 West J
La Porte, Tx. 77571
Dear Mr. Hudgens:
This is in reference to a recent conversation with Mr. Tom
Nolan of this office concerning electricity rates for industrial
users in the La Porte area.
It is our understanding from this conversation, that the 4%
increase which has appeared on recent monthly bills is a portion
of the general rate increase which was allowed by the Public
Utility Commission to the Houston Lighting & Power Company. There
are no current plans to levy an additional 4% surcharge tax on
electricity consumption of industrial plants-within the jurisdic-
tion of the City of La Porte. Our company is working with a client
who is interested in obtaining information concerning this matter.
We would appreciate hearing from your office regarding the
above-mentioned rates and future plans. Your cooperation in sup-
plying this information is appreciated.
Very truly yours,
Ok~'~rf
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Southern Pacific
Transportation Company
913 Franklin Ave., P. O. Box 1319, Houston, Texas 77001
Telephone (713) 223-6286
March 8, 1979
D. R. KIRK
VICE PRESIDENT
Mr. J. R. Hudgens
City Administrator
City of LaPorte
P. O. Box 1115
laPorte, Texas 77571
Dear Mr. Hudgens:
Your letter of January 24, 1979, addressed to lf~. J. F.
Lynch, regarding claim of Houston Lighting & Power Company for
payment of relocation of electric transmission facilities in
conjunction with the Spencer Highway overpass project.
Voucher, in amount of $44,535, was delivered by our
representative on the afternoon of March 7, to Mr. Robert W.
Gibbs, Manager, Legal Department, Houston Lighting & Power
Company.
Attached, for your records, is copy of instrument, signed
by Mr. Gibbs, dated January 30, 1979, releasing City of LaPorte
and SPTCo. from all claims, etc., in connection with the re-
location of HL&P electric transmission facilities near the
Spencer Highway overpass project.
Yours very truly,
f>. )/.t r'
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cc: Mr. Knox W. Askins
702 West Fairmont Parkway
LaPorte, Texas 77571
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RELEASE
Houston Lightin9 & Power Company, in consideration of
the payment of the sum of Forty-four thousand five hundred and
thirty-five dollars ($44,535.00), receipt of which is hereby
acknowledged and confessed, does hereby release, acquit and
forever discharge the City of LaPorte, Texas, and the Southern
Pacific ~ransportation Company from and a~d all clairrls, demands
and causes of action of whatsoever nature, which has accrued or
may ever accrue to Houston Lighting & Power Company in connection
with the relocation of electric transmission facilities near the
Spencer Highway Overpass Project, said relocation work executed
pursuant to an authorization letter of the City of LaPorte dated
October 14, 1976.
SIGNED THIS SO tA.
, 1979.
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THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
BEFORE ME, the undersigned authority, on this day
personally appeared Rober~ W. Gibbs, who represented to me
that he is Manager of the Legal Department of Houston Lighting
& Power Company, and as such is fully authorized to execute
the foregoing release on behalf of Houston Lighting & Power
Company, .
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SUBSCRIBED AND SWORN TO before me this
1979.
3o~ day of
~th1d<A--~UJ-
Notary Public In and For
Harris County, T E X A S
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Notary Pu!)~:c in :"~;.:':~ r:.:( :-:l2:ds C::r..:i:iy, Texas
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