O-1973-962 - Laserfiche WebLink

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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- . 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 -. 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 .. and threatened to be made by Southern Pacific and Dahlstrom Corporation in and about such land and easements;