HomeMy WebLinkAbout03-18-1999 Regular Meeting and Public Hearing of the La Porte Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
MINUTES OF MARCH 18, 1999
Members Present: Betty Waters, Jim Zoller, Michael Jetty, Dottie Kaminski,
Melton Wolters, Sandie Staniszewski
Members Absent: Hal Lawler
City Staff Present: Planning Director Doug Kneupper, City Planner Masood
Malik, Assistant City Attorney John Armstrong, Planning
Secretary Peggy Lee
I. CALL TO ORDER.
The meeting was called to order by Chairperson Waters at 6:00 PM.
II. APPROVE MINUTES OF THE MARCH 3, 1999, SPECIAL CALLED
MEETING.
A motion was made by Sandie Staniszewski to approve the minutes of
March 3, 1999. The motion was seconded by Dottie Kaminski. All were in
favor and the motion passed.
III. OPEN PUBLIC HEARING TO CONSIDER SPECIAL CONDITIONAL
USE PERMIT REQUEST #99-001, WHICH HAS BEEN REQUESTED
FOR THE PURPOSE OF ALLOWING CONSTRUCTION OF AN OFF -
SITE PARKING LOT TO BE LOCATED ON A 0.22 ACRE OF LAND
OUT OF AND PART OF OUTLOT 490, LA PORTE, HARRIS COUNTY,
TEXAS. THE TRACT IN QUESTION IS SPECIFICALLY LOCATED IN
THE 2200 BLOCK OF UNDERWOOD ROAD.
Chairperson Waters opened the Public Hearing at 6:01 PM.
The City Planner, Masood Malik, presented staffs report. The applicant,
Melvin Walker requested a special conditional use permit for the purpose
of allowing construction of an off -site parking lot for a restaurant to be
located at 2219 Underwood Rd. Mr. Walker needs the extra parking to
meet City requirements.
Staff reviewed Mr. Walker's request and recommended Commission
approval with conditions.
Planning and Zoning Collission •
Minutes of March 18, 1999
Page 2 of 3
Seven notices of public hearing were mailed to surrounding property
owners. One response was received in opposition to the request.
A. PROPONENTS
Melvin Walker, 2126 Whatley, Deer Park, addressed the
Commission. Mr. Walker clarified several property
ownership questions for the Commission and expressed his
need for additional parking spaces for his restaurant.
B. OPPONENTS
There were none.
IV. CLOSE PUBLIC HEARING.
Chairperson Waters closed the Public Hearing at 6:15 PM.
V. CONSIDER RECOMMENDATION TO CITY COUNCIL FOR SPECIAL
CONDITIONAL USE PERMIT REQUEST #99-001.
A motion was made by Melton Wolters to recommend City Council
approval of Special Conditional Use Permit #99-001 with the following
conditions:
The off -site parking shall comply with all parking standards.
2. Screening and/or landscaping of parking lot shall be required.
3. The Lease Agreement, duly approved by the City Attorney, shall be
filed with the City Secretary.
4. A Certificate of Occupancy, renewable annually, shall be required.
5. The applicant is responsible for public hearing costs.
The motion was seconded by Sandie Staniszewski. All were in favor and
the motion passed.
VI. STAFF REPORTS
Mr. Kneupper presented an overview of a study and report on Bay Area
Blvd. that was submitted by the engineering firm of Binkley and Barfield.
Planning and Zoning Coassion •
Minutes of March 18, 1999
Page 3 of 3
VII. ADJOURN
Chairperson Waters adjourned the meeting at 6:35 PM.
Respectfully submitted,
Pegg
Secretary
Planning and Zoning Commission
Approved on this 15�h day of April, 1999.
ettyi aters
Chairperson
Planning and Zoning Commission
• 0
ZONE CHANGE REQUEST #98-002
•
City of La Porte
Established 1892
APPLICATION FOR
ZONE CHANGE REQUEST
Application No.
OFFICE USE ONLY: FEE: $100&Q Date Received:
Receipt/ /
() Site Plan () Minor Development Site Plan
() Major Development Site Plan () General Plan
() Site Plans Submitted on
Appliant's Name:
Address:M:
Date: Amx 15, ME Signature:
• - .■
Address: _I 5 IM W. MAC ► M Ph: (Ze1) -14 i 1— 32Z I
Property Legal Description: Lars 1— ID J;Xl- 30 5k. 719(v-y1ee Attached
Date:
AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND
IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF.
Signature:
Zone: - naM, Requested Zone Change: .LT- _ SIC No:
Proposed Usage: M
OFFICE USE ONLY
1) Planning & Zoning: (a) Preliminary Meeting - IAJ114
(b) Public Hearing/Mtg. - _ S .9/ / 9 (9
Recommendation:
Applicant Notified of Date(s): H 191-b ft
Adjoining Property Owners Notified:
2) City Council: (a) Regular Meeting -
(b) Public Hearing/Mtg. -
Approved () Adopted by Amendment Ord. #1501 -
Denied () -- -
•
i
JAMES R. CARTWRIGHT, SR.
15203 PLEASANT VALLEY
HOUSTON, TX 77062
RE:REZONE COMMERCIAL TRACTS ON SOUTH SIDE OF POLK STREET, EAST OF
16th ST. TO A BAYOU. (LEGAL DESCRIPTION .............. TO BE
CALLED " ENTIRE TRACT".
DEAR Devta
THE LAND BETWEEN MAIN AND POLK & 16th ST. EAST TO THE BAYOU
HAS BEEN ZONED COMMERCIAL MAINLY, I BELIEVE, BECAUSE OF THE MAIN ST.
FRONTAGE. WHILE THIS IS LOGICAL PLANNING FOR THE PROPERTY ON MAIN
ST., I BELIEVE THAT BOTH THE LANDOWNERS AND THE CITY OF LA PORTE
WILL BE BETTER SERVED IF, AT THE ALLEY DIVIDING MAIN FROM POLK, THE
"ENTIRE TRACT" OF PROPERTY NORTH OF SAID ALLEY TO POLK STREET BE
ZONED LIGHT INDUSTRIAL.
IN THIS WAY MAIN ST. REMAINS COMMERCIAL FOR FUTURE PLANNING
AND THE SOUTH SIDE OF POLK ST. WILL BE ZONED COMPATIBLY WITH THE
NORTH SIDE OF POLK ST.
THE PROPERTY OWNERS OF THE ADJACENT TRACTS - BLOCK 719
(PFEIFFER ELECTRIC CO.) AND BLOCK 717 (HUMPHREY RADIATOR SHOP)
AGREE. THEY WILL BE SUBMITTING LETTERS TO THE CITY EXPRESSING
THEIR CONCURRENCE.
AS A PROPERTY OWNER OF LOTS 1-10 & 21-30 OF BLOCK 718 IN THE
TOWN OF LA PORTE, I REQUEST THAT THE ZONING ON THE "ENTIRE TRACT"
BE ZONED LIGHT INDUSTRIAL BY THE PLANNING AND ZONING COMMISSION AT
THE NEXT MEETING OF THE LA PORTE CITY COUNCIL.
SINCERELY,
-ii.
JAMES R. CARTWRIGHT SR.
RE:REZONE COMMERCIAL TRACTS
16th ST. TO THE BAYOU.
BE CALLED " ENTIRE TRACT".
DEAR .U?1?gl....
HUMPHREY
ON SOUTH SIDE OF POLK STREET, EAST OF
(LEGAL DESCRIPTION .............. TO
MR. JAMES R. CARTWRIGHT HAS REQUESTED FROM YOU A ZONING CHANGE
FOR ALL TRACTS OF PROPERTY BOUNDED BY POLK ST ON THE NORTH, A BAYOU
ON BLOCK 717 ON THE EAST, THE ALLEY BETWEEN MAIN & POLK ON THE
SOUTH AND 16TH ST ON THE WEST. I HAVE HAD SEVERAL CONVERSATIONS
WITH MR. CARTWRIGHT, AND AM IN AGREEMENT WITH HIS REQUEST.
AS THE PROPERTY OWNER OF THE EFFECTED LOTS IN BLOCK 717 OF THE
TOWN OF LA PORTE, I ALSO BELIEVE THAT BOTH THE LANDOWNERS AND THE
CITY OF LA PORTE WILL BE BETTER SERVED IF, AT THE ALLEY DIVIDING
MAIN FROM POLK, THE "ENTIRE TRACT" OF PROPERTY NORTH OF SAID ALLEY
TO POLK STREET BE ZONED LIGHT INDUSTRIAL.
IN THIS WAY MAIN ST. REMAINS COMMERCIAL FOR FUTURE PLANNING
AND THE SOUTH SIDE OF POLK ST. WILL BE ZONED COMPATIBLY WITH THE
NORTH SIDE OF POLK ST.
AS I AM ALSO IN FAVOR OF THE ZONE CHANGE, I REQUEST THAT THE
ZONING ON THE "ENTIRE TRACT" BE ZONED LIGHT INDUSTRIAL BY THE
PLANNING AND ZONING COMMISSION AT THE NEXT MEETING OF THE LA PORTE
CITY COUNCIL.
SINCERELY,
PFEIFFER 0& SON, INC.
�lectricaC C..or�ractor�
Phone - (713)471-4222 * Fax - (713)471-6856
116 N. 16TH ST. * PO BOX 1116
LA PORTE, TEXAS
RE: REZONE COMMERCIAL TRACTS ON SOUTH SIDE OF POLK STREET,
EAST OF 16TH ST. TO THE BAYOU.
Dear Doug:
Mr. James R. Cartwright has requested from you a zoning change for all tracts of
property bounded by Polk St. on the north, a bayou on block 717 on the east, the alley
between Main & Polk on the south and 16th St. on the west. I have had several
conversations with Mr. Cartwright, and am in agreement with his request.
As the property owner of the effected lots in block 719 of the town of La Porte, I also
believe that both the landowners and the City of La Porte will be better served if, at the
alley dividing Main from Polk, the "entire tract" of property north of said alley to Polk
Street be zoned light industrial.
In this way Main St. remains commercial for future planning the south side of Polk St.
will be zoned compatibly with the north side of Polk St.
As I am also in favor of the zone change, I request that the zoning of the "entire tract" be
zoned light industrial by the planning and zoning commission at the next meeting of the
La Porte City Council.
Sincerely,
Pfeiffer & Son, Inc.
R. Pfei r
LRP/sl
•
Staff Report April 15,19"
Zone Change Request #98-002
Requested by: James R Cartwright, Jack Humphrey, & L. R. Pfeiffer
Requested for: Lots 1-10, and Lots 21-30, Block 717, 718, & 719 Town of La Porte
Location: 1400, 1500, & 1600 Block of Polk Street
Present Zoning: General Commercial (GC)
Requested Zoning: Light Industrial (U)
Background: Tracts in question are located in Blocks 717, 718, & 719 Town of LaPorte,
Harris County, Texas. The said property is bounded by Polk Street on the
North, a bayou & 13'' Street on the East, an alley between W. Main and Polk
Street on the South and 16a` Street on the West (Exhibit A).
Analysis: In considering this request, Staff reviewed the intent, goals and objectives of
the Comprehensive Plan to this portion of the City. The request appears to be
compatible with these goals. However, conformance of zoning request with
the Land Use Plan is one consideration among several criteria to be
considered in approving or denying the request. The specific issues
considered are as follows:
' The requested change conforms to the present zoning and uses of nearby
properties. The current land use and development pattern conforms to
the proposed use. The request preserves the most of the tracts for
General Commercial as designated along West Main Street
' The tracts in question are suitable for the requested change. As the tracts
are bounded by Light Industrial to the north, and Business Industrial to
the west. The Little Cedar Bayou on the east would help buffer the
intended change to the General Commercial.
' Development within the subject tracts should not have any impact on the
surrounding area A change from general commercial (GC) to light
industrial (LI) will not negatively impact the surrounding properties and
would not harm the value of nearby properties.
' As far as public infrastructure issues are concerned, it will be the
developer's responsibility to provide any structures or improvements
necessary to accommodate water and sanitary sewer. Storm water
drainage and detention is also an issue that will be carefully reviewed
with any property development. However, public infrastructure should
not be affected with this designated change.
Zone Change Request #98-002
P & Z (4/15/99)
Page 2 of 2
' The overall impact on the public services will be minimal. West Main
Street, a major thoroughfare and State Highway 146 should be able to
easily accommodate any traffic generated by new developments.
Moreover, the change would hardly impact the public health, safety,
and welfare of the City.
' As this area continues to develop, it is the intent of the Comprehensive
Plan to create favorable conditions for the prospective developers to
develop the area through the traditional development process. In order to
achieve this goal is to recognize the needs for developing these areas.
The area in which the subject tracts, based on the criteria established by the
City's Comprehensive Plan, is suitable for either present use or the requested
light industrial. The zoning change would not have a significant impact on
traffic conditions in the area. Moreover, utilities would not significantly be
affected.
The land between West Main & Polk on the South and 16'h Street East to the
Bayou has been zoned general commercial due to the Main Street Frontage.
If entire tract of property north of alley dividing Main Street from Polk Street
be zoned light industrial, compatible with the usage on North side of Polk
Street, the front end of Block 718 will remain commercial. The change from
General Commercial to Light Industrial has no impact on the future
development within the area.. The development within the subject tract
should not impact the viability of the surrounding area.
Conclusion: A comprehensive look at existing conditions in the area should be strongly
considered. Based on the facts, Staff suggests that Planning and Zoning
Commission should consider approval of zone change request. The
requested zoning would represent the highest and best use of the property,
granting the requested change would not be contrary to the goals and
objectives of the Comprehensive Plan.
N
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ADAM5 5TREET
689
688
687
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BOUNDARY
LINE FOR LIGHT
ZONE
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PFEIFFER
PROP ED EXPANSI
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HOPPIES
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CARTWRIGHT
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TEXACO @ CANADA
(FINAL PLAT)
CITYOF LA PORTE
PLAVIN A.F OR DEVELOMMEN'I'SUEN=A,FDiRE:V�1M
FFICE USE ONLY
APPLICATION :
(Allpiat submittals to be reviewed and considered for presentation to the Planning and Zoning Commissionmust be accompan 'd by this aDpI:---.:on and DA�` ZONING 1�1EEIT;G
necessary documents :ion listed herein.,aabmittals
wiIlnot be reviewed 6-r staff without this a.2Iication.)
Type of Submittal: C -nera Plat
L Final Plat (�
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Date: 1 Z - � - `1 � "�.. �° _�• ,►'•�'•y,`•�.`.... ti '�,•
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Name of Propos L .o me
Name of Dev
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Address of evel er : M V j2NQ
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Cheats should be made pay to the; Ck_ an La-P '- y t.APa.:, c
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List All Other Contact Persons: JAN 0 r, '
ame Address
AmAsh,
NW IqW
Staff Report April 15,1999
Final Plat of Texaco at Canada
Requested By: James Scarborough, Owner
Requested For: 0.9 Acres (39,000 square feet) out of a 1.9954 Acre Tract in deed to Joanne
Margaret Verkin, described in Clerk's File No. T163371, H.C.O.P.R.R.P.,
and a 1.1019 Acre Tract indeed to Joanne Margaret Verkin, described in
Clerk's File No. T163370, H.C.O.P.RRP., located in the William M. Jones
Survey, A482, City of LaPorte, Harris County, Texas.
Location: 9000 Spencer Highway
Present Zoning: General Commercial (G.C.)
Background: The proposed subdivision is a 0.9 acres tract of property located at
9000 Spencer Highway (See Exhibit A). The property is being platted as a
single lot commercial subdivision. The plat includes 45 ft wide western
portion of land as restricted reserve "A" dedicated to the City of La Porte
for widening of Canada Road. Another unrestricted reserve `B" 45 ft.
wide to the east of reserve "A" is R.O.W. easement to Canada Road.
Whereas, 25 ft building line has been shown along Spencer Highway (See
Exhibit B).
Analysis: Based on the acreage involved, the proposed subdivision, under the terms
of Development Ordinance No.1444, classified as a minor subdivision.
Due to the size and simplicity of the subdivision, the developer has elected
to present the final plat.
The reserves for the widening of Canada Road are based on the City's
Thoroughfare Plan. Canada Road is designated as Arterial road and
requires additional R.O.W. It can serve as primary route through La Porte
area and between major destinations within the area. Furthermore, money
has been budgeted to reconstruct the intersection of Canada Road and
Spencer Highway.
Section 5.02 of the Development Ordinance addresses the need for
sidewalks, where required by the Comprehensive Plan or by the
Commission. The City's Comprehensive Plan does not call for sidewalks
along this portion of Spencer Highway. Should the Commission require a
sidewalk, the plat shall include a statement that a sidewalk installation, by
the owner, is required.
Texaco @ Canada
4/15/99 — P & Z Meeting
Page 2 of 2
Staff has reviewed the existing utilities at site. Water is currently available
but extension of sanitary sewer is necessary. A utility extension agreement
will be required. Water tap and development costs for water and sewer has
been calculated by Staff. However, sewer tap will be done as part of the
required extension.
Staff has reviewed the final plat and found it to be in substantial
compliance with applicable ordinance requirements. Staff has also
reviewed the plat for conformance with zoning regulations, goals and
objectives of the City's Comprehensive Plan.
Conclusion: Staff based on its review find the final plat to be substantial compliance
with applicable City regulations. Staff recommends the approval of the
final plat.
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d Pww,6q .tat .aa., --w that th o0aaa pat M two oral ow-t err. Mat .1 hw:ya
fMMaa atgNe, Maw -A- oM <.nNat a.pw an aavdely aeeal en Na pat.
tt Oi1�yE1
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LOIN J. MOOCjLEE
aMS4 „•
Final Pla€ Of
TEXACO @ CANADA
1.3085 Acres being a portion of a
1.9954 Acre Tract
in deed to Joanne Margaret Verkin,
described in Clerk's File No. T163371, H.C.O.P.R.R.P.,
and all of a 1.1019 Acre Tract
in deed to Joanne Margaret Verkin,
described in Clerk's File No. T163370, H.C.O.P.R.R.P.
located in the William M. Jones Survey, A -a 82,
City of LaPorte, Harris County, Texas
FILING DATE: M 1-8, 1999
ARz1L 15J 1gg9
NPw P.NM dal. m tN
,Rsd wn ONN
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EXHIBIT B
0
•
SUMMER WINDS SUBDIVISION
SECTION III (FINAL PLAT)
•
CITYOF LA PORTE
PLATMAJOR DEVELOPM E TSUBMITTAL
APPLICATION
(Allplat submittals to be reviewed and considered for
presentation to the Planning and Zoning Commission
must be accompanied by this at) lication and
1p
necessary documentation listed herein. Submittals
willnot be reviewed by staff without this application.)
Type of Submittal:
Date: 3— O —
Address of
Checks should be made
List A110ther Contact P.-.,sons:
Ad
OFFICE USE ONLY
DATE RECEIVED:
SUBMrITAL x:
RECE77 i
PLANMNG & ZONING 'WEETDlG
DATE.
Final Plat (�
Phone: ZSI-y70•Zc)OA
Z of -4-7R - (o23Z
hone Fax
Staff Report W Summer Winds, Section III April 15,1999
Final Plat
Requested By: Earl W. Wilburn, Secretary
Requested For: A 10.0634 Acres of land being Outlot 697 in the W. B. Lawrence
Subdivision, described in Volume 83, Page 344 of the Harris County, Deed
Records, out of the William M. Jones Survey, A482, City of La Porte,
Harris County, Texas.
Present Zoning: Low Density Residential (R-1)
Requested Use: Residential Subdivision
Background: Summer Winds is a residential subdivision located on the north side of
Fairmont Parkway, approximately 15,00 feet west of Underwood Road
(See Exhibit A). The Amended General Plan for the subdivision was
approved by the Commission on February 18, 1999 and the Preliminary Plat
for Section III was approved by the Commission during their March 3, 1999
meeting.
Analysis: Staff, using Development Ordinance Section 4.04 and Appendix D as a
guide, has reviewed Summer Winds Subdivision Section III Final Plat and
found it to be substantial compliance with applicable Ordinance
requirements.
Section 5.02 of the Development Ordinance empowers the Commission to
require pedestrian sidewalks when it feels their inclusion will serve the
public interest. Staff would recommend the inclusion of sidewalks within the
subdivision. Responsibility for construction of the sidewalks should be
specified by covenant.
Detention pond ownership and maintenance by the Homeowner's
Association shall be stated on the final plat. Language in the covenants and
on the face of the plat shall dedicate or transfer ownership of detention
reserve to the Homeowner's Association.
Staff has reviewed the plat and determined that it satisfies applicable
provisions of the City Ordinance. However, the covenant for Summer Winds
Subdivision Section III and deed restrictions are being reviewed by the City
Attorney's office. Utility construction plans are being reviewed at this time.
Conclusion: The Commission may wish to Approve the Final Plat with the stipulation
that all items shown below are satisfied prior to the plat recordation.
Provide letters from servicing utility companies approving the
easements shown on the plat for their use.
Summer Winds Section Ainal Plat •
April 15, 1999
Page 2 of 2
2. Payment to the City in the amount of $1,380.00 for installation of
streetlights and $1,118.88 for electrical service cost for one year. The
money will be deposited with the City in an escrow account until such
time as construction/installation is complete. These payments shall
occur prior to plat recordation.
3. Payment to the City in the amount of $200.75 for installation of street
signs within Section III. This payment shall occur prior to plat
recordation.
4. Payment of $6,475.00, in lieu of parkland dedication, shall be made to
the City prior to plat recordation.
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NC'ES.
DEED 4ESTRII�CiTEONS OR RESRICTTVE COVENAN'1S
AR- h ErFER ANC ARE ON r,LE AT T"E COUNTY
-DvTH0JSE
2'; DEVELOPER IS RESPONSIBLE rOR CONSTRUCTION AND wsTAL_ATION
Or $OEW4r5 WR••PN THE S..'BDIv:510N.
3) T-IE HOME�Clw%EPS ASSOSA-'ON 'S TO 3w% R•MMNTA/N •THE
ETL ENt�O� --N-, AND AC-ESS AaEA.
4) ALL le- -!ITT- EASEMENTS 31AMON -SE EASEMENTS
;c- POWER. '.AS. TE �"P,-CNE. :ABU 'V. a.c.
5; 5 ESV- >, R' 'CCS'CN N9.5-R'ES ASEMEN'
-.6 Is To crw v- T-, ►Rt0 a •sue_. oNNEP OR AJO pFE^a AGE4 r M DYNE.
or LAW ENO PV1RC 7 S1VNaEO AH0a1• A5 SUMMER +•FC SEC -A}[ 1NAEE. APPROVED W THE
LAPDR" CITY I\AANa- • :OHM CONMSSM- 49"OPtZEO KYER,�e_AA.IIPIA�Y--..V'Y CLEAR
01 IIARRIS . COW- 0. H:5 Al •IORTED DEPUTY •0 REYt:.N 1.4 OR*- ASCDWXE .I.:j Da P•AT DF
SAD SMeONTSDN TAT TO T" DAECOP Or THE C� Or LARORTE•S —W,DEPARTKN' 0. 10 rS
A 7-91PITED PE6PE9-WvE. RI'0 Sm*- rU SUD• OTFDPw[ ETS RECOR;R.= .A. CP pl' +: 1K .[WMAPENT
IIECOOr T-' OE•MPIMEWT. !
UeECDR. L.00TE DLAANN6 DY.t- D• AU'AIOR= YI;EA'
DEPAA'AEY' A/ - 7 --"
10,0634 ACRES OF LAND BEING Q)TLOT 697 IN THE V.D. LAWRENCE
SUBDIVISION. DESCRIBED IN VOLUME 83. PAGE 344 Or THE HARRIS COUNTY,
DEED RECORDS. OUT OF THE WILLIAM M JONES SURVEY. A-482. 1N THE CITY
Or L.PORTE, HARRIS COUNTY., TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING FOR REFERENCE A' CITY OF LePORTE SURVEY MARKER "DER
109 LOCATED AT THE SOUTHWESTERLY CORNER Or THE SOUTHERLY LINE OF
CARLOW STREET AND THE WESTERLY LINE Or ANDRICKS STREET. HAVING
STATE PLANE COORDINATES OF N , 684507422. E . 3240953.%7. SOUTH
CENTRAL ZONE. USE L CIS R!MOR'H AMERICAN DATUM OF 1927.
THENCE S 74.54.28' E, 53753 FEET, TO A FOUND 3/4' IRCN PIPE FOUND
FOR THE NORTHWESTERL• CORNER AND THE POINT OF BEGINNING,
"HENCE N 87.00v51E, 483-64, FEET. TO A FOUND 1' IRON PIPE
',ENCE S03.04'24'E. 90637 FEET, TO A SET 1/2- IRON ROD:
THENCE S87.05'22•V, 48400 FEET, TO A SET I/2• IRON ROD.
'HENCE NO3.03'01W. 90572 FEET TO THE POINT Or BEGINNING.
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FARMONT PKWV.
PROJECT
LOCATION
LOCA710N`/IAP
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Tw!S DROPERTV 'IES WRUIN ZONAL 'X' AREA O-a•SIDE T.+E +OC YEAR =.00C O-A%v
ACCORDING TO THE F;.R.M. NO. 4823TC0943 j. DA'ED NU.EMWE S. +996.
STATE Or TEXAS
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AaYLTea _ SUMMER WINDS SUBDIVISION
SECTION THREE
A RESIJENT:AL DLY'ELCPM--%'
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3E "+G JU' ��' Ii97
TO THE W- B. LAWRE%CE 5.:3C�ti..S;C.•.
VDLJME 53. -AGE 344, n.0 D R
....' _ 4waw[...' +R.•nA•.4 M.aw w rm .1 Wr s,w..0 Tam • P.aeFe RM P•dAmPn OUT OF '-IE
•"^AF'•'7 � . Pr • enMPRtw.J e+w a mw.gA. WILL�AFJ M. JCNES 5,;;eV Y. A-482
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2
•
0
BAYPORT NORTH
INDUSTRIAL PARK
CITY OFL,a PORTE
PLAT/MINOR DEVELOMENT SUBMITTAL
APPLICATION
(All plat submittals to be reviewed and considered
for presentation to the Planning and Zoning
Commission must be accompanied by this
application and necessary documentation listed
herein. Submittals will not be reviewed by staff
without this application.)
0 OFFICE USE ONLY D
DATE RECEIVED. ! '7
SUMarrAL s• `� 9 - D �'
RECEIPT #- :zoo % r
PlANN M & ZO G G
DATE: y /s 9 9
Type of Submittal: General Plan LU Preliminary Plat V/ Final Plat L)
Minor Development Site Plan (_j
Date: ZLSZ 9 9 Contact Person(s): Aps ki'm N Phone: S--P "M
Name of Proposed Development: tci7 NORZ{ TXQU-57W PACK.
Name of Developer: Dog 10?Wt -Tios fg'5� Phone:
Address of Developer: _Gla SVNW,G7 co - Q WRS - ( C643 - D 3'ON/a R0- *-/--7 TK 7-P70
Number of Sections: Number of Lots:
Legal Description of Property: tET� ` 13 E1Cft7' TA4OLsMg4 Oi Z&(,r
Filing Fee:
Amount: 75- J • Receipt #: 7 in, o /
Checks should be made payable to the City of La Porte.
Ust All Other Contact Persons:
Name
Address
Phone Fax
Ll " 1 /7: L
Staff Report Final Plat for April 15,1999
Bayport North Industrial Park
Requested By: Don TuBli, Trustee
Requested For: A 156.4962 Acres of land situated in the George B. McKinstry League,
Abstract 47 and the William M. Jones Survey, Abstract 482, Harris County,
Texas and being a portion of 343.16 acres tract of land conveyed by deed
from Friendswood Development Company to Howe Land Company & WSI-
Richmond Co. described in HCFC #H111543 (FC #193-90-1261) of the
Harris County Deed Records;
Location: Bayport Industrial District (ETJ)
Underwood Road @ Fairmont Parkway
Background: Applicant is platting 156.4962 Acres of land into six restricted reserves for
an Industrial Park in the Bayport Industrial District of the City of La Porte
(See Exhibit A).
Analysis: Owner/Developer plans to develop the tract for industrial uses. The
developer will construct streets and the storm drainage/detention system that
will connect with the regional systems in accordance with the policies of the
City and Harris County Flood Control District.
Development Ordinance addresses a 20' minimum side yard building line
adjacent to a public street. The plat shows 25' B.L. adjacent to all public
streets. City's Comprehensive Plan classifies Underwood Road as Primary
Arterial, which has four lanes divided with R.O.W. capacity that allows
for addition of two lanes. The Thoroughfare Plan proposes extension of
Underwood Road into extraterritorial jurisdiction. The plat shows 50'
R.O.W. to Underwood Road (See Exhibit B).
A 10' water line easement around each lot has been shown on the plat.
Detention is required for the development. The plat shows 85' wide strip
along northwestern property line for the same. This plat is also being
reviewed by Harris County Engineering Department.
Conclusion: Staff finds the requested plat satisfies applicable provisions of the
Development Ordinance. Staff recommends approval of the final plat of
Bayport North Industrial Park.
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FAIRMONT OAKS APARTMENTS
PRELIMINARY PLAT
CITY OF PORTE
PLAT/MINOR DEVELOPMENT SUBMITTAL
APPLICATION
(All plat submittals to be reviewed and considered
for presentation to the Planning and Zoning
Commission must be accompanied by this
application and necessary documentation listed
herein. Submittals will not be reviewed by staff
without this application.)
Type of Submittal: General Plan L—) Preliminary Plat
OFFICE USE ONLY p
DATE RECEIVED:
SUB&CUTAL 1:
RECEIPT::
PLANNING & ZONING MEEMNG
DATE:
Final Plat (._)
Minor Development Site Plan (_,)
Date: Contact Person(s): Phone•
Name of Proposed Development:
Name of Developer. Phone-A.)33 g
Address of Developer: �OF Z0
Number of Sections: Number of Lots:
Legal Description of Property: t2. S
Filing Fee:
Amount:
Receipt #•
Checks should be made payable to the City of La Porte.
List All Other Contact Persons:
NT 9 TadT
R
MAR - a 1999
Name Address Phone Fax
Staff Report Fairmont Oaks Apartments April 15,1999
Preliminary Plat
Requested By: Mr. Eddie V. Gray, Trustee
Requested For: A 12.175 Acre Tract out of the William M. Jones Survey, Abstract No. 482,
Harris County, Texas and being a part of a 198.898 Acre Tract described in
deed to Eddie V. Gray, Trustee, recorded under Harris County Clerk's File
(H.C.C.F) Number M761300 of the Harris County Official Public Records
of Real Property.
Present Zoning: High Density Residential (R-3)
Requested Use: Multifamily Residential Subdivision
Background: The tract of land being approximately 12.175 acres situated in the William
M. Jones survey, A-482, Harris County, Texas. The property is currently
zoned R 3 (High Density Residential). A multi -family apartment complex is
a permitted use in this zone. Fairmont Oaks Apartments is a residential
subdivision off Underwood Road and Fairmont Parkway (Exhibit A).
As proposed, Fairmont Oaks Apartments has 47 buildings with 188 units,
which comes to be 16 units per acre. Zoning regulations allow up to 27 units
per acre. The required front yard setback is 25' and the side yard setback is
20'. A utility easement 8' wide along the most northerly property line
adjacent to Fairmont Park Subdivision, Section Four is granted to the City of
LaPorte. City water and sanitary sewer easement 16' wide is located along
Fairmont Parkway (Exhibit B).
Analysis: Staff would note that Section 5.02 of the Development Ordinance empowers
the Commission to require pedestrian sidewalks when it feels their inclusion
will serve the public interest. Staff recommends the inclusion of sidewalks
within the subdivision along Fairmont Parkway and Underwood Road.
Responsibility for construction of the walks should be speed by covenant
as well as stated in writing on the front of the final plat.
For general information purposes, staff has listed items below that need to be
addressed by the developer with the submittal of the final plat.
•� A reference that the detention pond ownership and maintenance by the
developer shall be stated in writing on the final plat.
Fairmont Oaks Apts. - Prefinary Plat
4/15/99 — P & Z Meeting
Page 2 of 2
❖ Approval from the franchise utilities regarding the size and location of
the proposed utility easements will be provided for City review and
approval.
❖ The payment of fees will be made to the City in lieu of parkland
dedication. The figure will be based on a $175.00 per unit basis. The
money will be placed in an escrow account and will only be used for the
acquisition or improvements of public park land or facilities located in
Park Zone 2, the zone in which Fairmont Oaks Apartments are located.
❖ Covenants/deed restrictions will be provided to the City for review and
approval.
❖ Complete construction drawings will be submitted for review and
approval by the City along with the submittal of the final plat.
Conclusion: Using Appendix D of Development Ordinance No. 1444, staff has reviewed
the preliminary plat and finds it substantially complies with applicable
ordinance requirements. Staff therefore, recommends Approval of the
Fairmont Oaks Apartments, Preliminary plat.
PROP05ED
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METRICOM, INC.
RADIO PLACEMENT PLAN
Inter -Office Memorandum
To: Planning and Zoning Commission
From: Doug Kneupper, Director of Planning 4ffir
Subject: Metricom, Inc. Radio Placement Plan
Date: April 7, 1999
M
The City has been negotiating with Metricom, Inc. for a Right -of -Way Use
Agreement. This Agreement will allow Metricom to install and operate a wireless,
digital, data communications radio network within public rights -of -way. The radios
used for this wireless network will be installed on existing HL&P street light fixtures
and no new poles, towers, etc. will be installed.
You may recall that recently City Council adopted an ordinance regulating some
telecommunication facilities. Although the ordinance deals more directly with
towers, antennas, and antenna support structures, staff felt it was appropriate to
seek the Commission's recommendation regarding the Citywide placement plan for
the wireless radio network.
Attached you will find several exhibits that demonstrate the relative size and typical
installation of Metricom's radios. Also attached is a city map showing the proposed
locations of the radios throughout the city. Please keep in mind that the exact
location of the radios is subject to change based upon the actual location of HL&P
streetlights and the final network design.
At this time staff is requesting the Commission review the overall radio placement
plan and provide a recommendation to City Council.
E
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Memo
To: Planning &
From: John D. An
CC:
Masood Malik,
Date: April 9, 1999
, Planning Director
ktv Planner
Re: Metricom Right of Way Agreement and Application
Metricom has requested the use of City of La Porte right of way for purposes of
locating telecommunication facilities in the City of La Porte. Technically, it appears
that the facilities requested by Metricom fall within the definition of
"telecommunications facilities" as contemplated in the cellular Tower &
Telecommunications Facilities ordinance recently passed by the La Porte City
Council, upon recommendation of the P & Z Commission.
However, Metricom is simply asking to place small audio frequency
receivers/transmitters on electric and/or telephone poles currently located within City
of La Porte.
It would be burdensome, and in my opinion not within the spirit of the Cell Tower
ordinance, to require Metricom to seek a zoning application for every single audio
receiving/transmitting dish located within the Ctiy.
Thus, I have recommended that Metricom's entire facilities siting plan be submitted
to the City of La Porte Planning & Zoning Commission for review and approval as a
whole. If approved by the Planning & Zoning Commission, the Commission's
recommendation would be forwarded to City Council for approval, along with City
Council consideration and possible approval of the attached right-of-way agreement.
If you have any questions, please do not hesitate to call.
0 Page 1
Right -of -Way Use Agreement
THIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
(the "Effective Date"), and entered into by and between the CITY
OF LA PORTE, a Texas municipal corporation (the "City"), and METRICOM, INC., a
Delaware corporation ("Metricom").
Recitals
A. Metricom is in the business of constructing, maintaining, and operating a
wireless digital data communications radio network known as Ricochet@, a network
operated in accordance with regulations promulgated by the Federal Communications
Commission, utilizing Radios (as defined in § 1.13 below) and related equipment
certified by the Federal Communications Commission.
B. Subject to reasonable municipal regulations concerning the time, location,
manner of attachment, installation, and maintenance of its facilities, Metricom has the
right under federal and Texas law to install facilities in municipal public ways.
C. Metricom wishes to locate, place, attach, install, operate, and maintain
Radios on facilities owned by the City, as well as facilities owned by third parties,
located in the Municipal Right of Way for purposes of operating Ricochet@.
Agreement
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the
receipt and sufficiency of which are hereby acknowledged, the parties agree to the
following covenants, terms, and conditions:
1 Definitions. The following definitions shall apply generally to the provisions of
this Use Agreement:
1.1 Agency. "Agency" means any governmental or quasi -governmental agency
other than the City, including the Federal Communications Commission and the PUC
(as such term is defined in § 1.12 below).
1.2 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy
of general application to Persons doing business in the City lawfully imposed by any
governmental body (but excluding any utility users' tax, franchise fees,
telecommunications tax, or similar tax or fee).
1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount accrued
on Metricom's books for Services provided to its customers with billing addresses in the
City, excluding (i) the Right -of -Way Fee, if any, payable pursuant to § 4 et seq. below
and any utility users' tax, telecommunications tax, franchise fees, or similar tax or fee;
(ii) local, state, or federal taxes collected by Metricom that have been billed to the
subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible
from subscribers (i.e., bad debts) with billing addresses in the City that was previously
included in Gross Revenues.
1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is
installed by Metricom pursuant to this Use Agreement.
1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions,
regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or
other requirements of the City or other governmental agency having joint or several
jurisdiction over the parties to this Use Agreement, in effect either as of the Effective
Date or at any time during the presence of Radios in the Municipal Right of Way.
1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and
existing under the laws of the State of Delaware, and its lawful successors, assigns,
and transferees.
1.7 Municipal Access Program. "Municipal Access Program" means the discount
program described in § 4.3 below.
1.8 Municipal Facilities. "Municipal Facilities" means City -owned street light poles,
lighting fixtures, electroliers, or other City -owned structures located within the Municipal
Right of Way and may refer to such facilities in the singular or plural, as appropriate to
the context in which used.
1.9 Municipal Right of Way. "Municipal Right of Way" means the space in, upon,
above (to the height of any Municipal Facilities), along, across, and over the public
streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public
utility easements and public service easements as the same now or may hereafter
exist, that are under the jurisdiction of the City. This term shall not include county,
state, or federal rights of way or any property owned by any Person or Agency other
than the City, except as provided by applicable Laws or pursuant to an agreement
between the City and any such Person or Agency.
1.10 Person. "Person" means an individual, a corporation, a limited liability company,
a general or limited partnership, a sole proprietorship, a joint venture, a business trust,
or any other form of business entity or association.
1.11 Provision. "Provision" means any agreement, clause, condition, covenant,
qualification, restriction, reservation, term, or other stipulation in this Use Agreement
that defines or otherwise controls, establishes, or limits the performance required or
permitted by any party to this Use Agreement. All Provisions, whether covenants or
conditions, shall be deemed to be both covenants and conditions.
1.12 PUC. "PUC' means the Texas Public Utility Commission.
1.13 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricom hereunder.
1.14 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet@) MicroCellular
Digital Network, a wireless, microcellular digital radio communications network owned
and operated by Metricom.
1.15 Services. "Services" means the wireless digital communications services
provided through Ricochet@) by Metricom.
1.16 City. "City" means the City of La Porte.
1.17 Use Agreement. "Use Agreement" means this nonexclusive Use Agreement and
may also refer to the associated right to encroach upon the Municipal Right of Way
conferred hereunder.
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2. Term. This Use Agreement shall be effective as of the Effective Date and
shall extend for a term of eight (8) years commencing on the Installation Date, unless it
is earlier terminated by either party in accordance with the provisions herein. The term
of this Use Agreement shall be renewed automatically for three (3) successive terms of
five (5) years each on the same terms and conditions as set forth herein, unless
Metricom notifies the City of its intention not to renew not less than thirty (30) calendar
days prior to commencement of the relevant renewal term.
3. Scope of Use Agreement. Any and all rights expressly granted to Metricom
under this Use Agreement, which shall be exercised at Metricom's sole cost and
expense, shall be subject to the prior and continuing right of the City under applicable
Laws to use any and all parts of the Municipal Right of Way exclusively or concurrently
with any other Person or Persons and shall be further subject to all deeds, easements,
dedications, conditions, covenants, restrictions, encumbrances, and claims of title of
record which may affect the Municipal Right of Way. Nothing in this Use Agreement
shall be deemed to grant, convey, create, or vest in Metricom a real property interest in
land, including any fee, leasehold interest, or easement. Any work performed pursuant
to the rights granted under this Use Agreement may, at the City's option, be subject to
the reasonable prior review and approval of the City.
3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits
Metricom to enter upon the Municipal Right of Way and to locate, place, attach, install,
operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on
Municipal Facilities for the purposes of operating Ricochet® and providing Services to
Persons located within or without the limits of the City. In addition, subject to the
provisions of § 4 below, Metricom shall have the right to draw electricity for the
operation of the Radios from the power source associated with each such attachment
to Municipal Facilities.
3.2 Attachment to Third -Party Property. Subject to obtaining the permission of
the owner(s) of the affected property, the City hereby authorizes and permits Metricom
to enter upon the Municipal Right of Way and to attach, install, operate, maintain,
remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles
or other structures owned by public utility companies or other property owners located
within the Municipal Right of Way as may be permitted by the public utility company or
property owner, as the case may be. Upon request, Metricom shall furnish to the city
documentation of such permission from the individual utility or property owner
responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in
obtaining where necessary the consents of third -party owners of property located in the
Municipal Right of Way.
3.3 No Interference. Metricom in the performance and exercise of its rights and
obligations under this Use Agreement shall not interfere in any manner with the
existence and operation of any and all public and private rights of way, sanitary sewers,
water mains, storm drains, gas mains, poles, aerial and underground electrical and
telephone wires, electroliers, cable television, and other telecommunications, service
provider, utility, or municipal property, without the express written approval of the owner
or owners of the affected property or properties, except as permitted by applicable
Laws or this Use Agreement. City agrees to require the inclusion of the same
prohibition on interference as that stated above in all agreements and franchises City
may enter into after the Effective Date with other telecommunications providers and
carriers.
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this Use Agreement.
3.5 Obtaining Required Permits. If the attachment, installation, operation,
maintenance, or location of the Radios in the Municipal Right of Way shall require any
permits, Metricom shall, if required under applicable City ordinances, apply for the
appropriate permits and pay any standard and customary permit fees. City shall
promptly respond to Metricom's requests for permits and shall otherwise cooperate with
Metricom in facilitating the deployment of Ricochet® in the Municipal Right of Way in a
reasonable and timely manner. The proposed locations of Metricom's planned initial
installation of Radios shall be provided to the City promptly after Metricom's review of
available street light maps and prior to deployment of the Radios.
3.6 Notice of Location of Radios. Upon the completion of installation, Metricom
promptly shall furnish to the City suitable documentation showing the exact location of
the Radios in the Municipal Right of Way.
4. Compensation; Discounts; Utility charges. Metricom shall be solely
responsible for the payment of all lawful Fees in connection with Metricom's
performance under this Use Agreement, including those set forth below.
4.1 Right -of -Way Fees. In order to reimburse City for any costs it may incur in
connection with Metricom's entry upon and deployment with the Municipal Right of
Way, Metricom shall pay to the City, on an annual basis, an amount equal to four
percent (4%) of Metricom's Gross Revenues (the "Right -of -Way Fee"), which amount
will be collected from subscribers of the Services with billing addresses in the City and
remitted to City as provided herein. The compensation provided under this section shall
be payable for the period commencing upon the date that Metricom first provides
Services to commercially paying subscribers within the City using Radios installed
pursuant to this Use Agreement and ending on the date of termination of this Use
Agreement, and shall be due on or before the 45th day after the end of each calendar
year or fraction thereof. Within forty-five (45) days after the termination of this Use
Agreement, compensation shall be paid for the period elapsing since the end of the last
calendar year for which compensation has been paid. Metricom shall furnish to the City
with each payment of compensation required by this section a statement, executed by
an authorized officer of Metricom or his or her designee, showing the amount of Gross
Revenues for the period covered by the payment. If Metricom discovers that it has
failed to pay the entire or correct amount of compensation due, the City shall be paid by
Metricom within thirty (30) days of discovery of the error or determination of the correct
amount. Any overpayment to the City through error or otherwise shall be refunded or
offset against the next payment due from Metricom. Acceptance by the City of any
payment due under this section shall not be deemed to be a waiver by the City of any
breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the
City of any such payments preclude the City from later establishing that a larger amount
was actually due or from collecting any balance due to the City.
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4.1.1 Reduction of Right -of -Way Fee by Amount of Utility Users or
Telecommunications Tax. Notwithstanding anything to the contrary in this Use
Agreement, if the Services are subject to a utility users tax, telecommunications tax, or
other similar tax or fee by operation of the City's Municipal Code or other applicable
law, then the amount of the Right -of -Way Fee shall be reduced by the amount of the
applicable utility users tax, telecommunications tax, or such other similar tax or fee.
4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its
principal office in Los Gatos or such other location of its choosing for the purpose of
determining the amounts due to the City under § 4.1 above. The City may inspect
Metricom's books of account relative to the City at any time during regular business
hours on ten (10) business days' prior written notice and may audit the books from time
to time at the City's sole expense, but in each case only to the extent necessary to
confirm the accuracy of payments due under § 4.1 above. The City agrees to hold in
confidence any non-public information it learns from Metricom to the fullest extent
permitted by Law.
4.1.3 Most -Favored Municipality Clause. Should Metricom after the parties'
execution and delivery of this Use Agreement enter into a Right of Way agreement with
another municipality of the same size or smaller than the City in the Houston
Metropolitan Statistical Area which agreement contains financial benefits for such
municipality which, taken as a whole and balanced with the other terms of such
agreement, are in the City's opinion substantially superior to those in this Use
Agreement, City shall have the right to require that Metricom modify this Use
Agreement to incorporate the same or substantially similar superior benefits and such
other terms and burdens by substitution, mutatis mutandis, of such other agreement or
otherwise.
4.2 Electricity Charges. Metricom shall be solely responsible for the payment of all
electrical utility charges to the applicable utility company based upon the Radios' usage
of electricity and applicable tariffs.
4.3 Municipal Access Program. In consideration of City's execution and delivery of
Agreement to purchase, when such service is commercially available in the City, up to
the maximum number set forth below (based upon the City's population) of Ricochet®
basic service subscriptions at the rate of fifty percent (50%) of the regular this Use
Agreement, City shall have the right throughout the term of this Use rate as current from
time to time. The number of subscriptions which the City may purchase at the
Municipal Access Program rate shall be determined in accordance with the City's
official population, as shown on the latest available census data, as follows: (a) for
municipalities with a population of less than 100,000, up to a maximum of twenty (20)
discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up
to a maximum of thirty (30) discount subscriptions; (c) for municipalities with a
population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions;
and (d) for municipalities with a population of over 500,000, up to a maximum of fifty
(50) discount subscriptions. City understands and agrees that Metricom's modems and
equipment required to utilize the discounted subscriptions and any additional service
subscriptions or service options the City may desire are expressly excluded from this
special Municipal Access Program rate and may be obtained from either Metricom or an
authorized retailer at market rates current from time to time or under other promotional
programs which may be available from time to time in addition to the Municipal Access
Program rate. City shall use all subscriptions provided pursuant to this § 4.3 solely for
its own use and shall not be entitled to resell, distribute, or otherwise permit the use of
the same by any other Person.
5. Relocation of Radios. Metricom understands and acknowledges that City
may require Metricom to relocate one or more of its Radios, and Metricom shall at City's
direction relocate such Radios at Metricom's sole cost and expense, whenever City
reasonably determines that the relocation is needed for any of the following purposes:
(a) if required for the construction, completion, repair, relocation, or maintenance of a
City project; (b) because the Radio is interfering with or adversely affecting proper
operation of City -owned light poles, traffic signals, or other Municipal Facilities; or (c) to
protect or preserve the public health or safety. In any such case, City shall use its best
efforts to afford Metricom a reasonably equivalent alternate location. If Metricom shall
fail to relocate any Radios as requested by the City within a reasonable time under the
circumstances in accordance with the foregoing provision, City shall be entitled to
relocate the Radios at Metricom's sole cost and expense, without further notice to
Metricom.
5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate
any Radios from one Municipal Facility to another, Metricom shall so advise City. City
will use its best efforts to accommodate Metricom by making another reasonably
equivalent Municipal Facility available for use in accordance with and subject to the
terms and conditions of this Use Agreement.
5.2 Damage to Municipal Right of Way. Whenever the removal or relocation of Radios is
required or permitted under this Use Agreement, and such removal or relocation shall
cause the Municipal Right of Way to be damaged, Metricom, at its sole cost and
expense, shall promptly repair and return the Municipal Right of Way in which the
Radios are located to a safe and satisfactory condition in accordance with applicable
Laws, normal wear and tear excepted. If Metricom does not repair the site as just
described, then the City shall have the option, upon fifteen (15) days' prior written
notice to Metricom, to perform or cause to be performed such reasonable and
necessary work on behalf of Metricom and to charge Metricom for the proposed costs
to be incurred or the actual costs incurred by the City at City's standard rates. Upon the
receipt of a demand for payment by the City, Metricom shall promptly reimburse the
City for such costs.
6. Indemnification and Waiver. Metricom agrees to indemnify, defend,
protect, and hold harmless the City, its council members, officers, and employees from
and against any and all claims, demands, losses, damages, liabilities, fines, charges,
penalties, administrative and judicial proceedings and orders, judgements, remedial
actions of any kind, all costs and cleanup actions of any kind, and all costs and
expenses incurred in connection therewith, including reasonable attorney's fees and
costs of defense (collectively, the "Losses") directly or proximately resulting from
Metricom's activities undertaken pursuant to this Use Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of the City, its council
members, officers, employees, agents, or contractors.
6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of
action, and rights it may assert against the City on account of any loss, damage, or
injury to any Radio or any loss or degradation of the Services as a result of any event or
occurrence which is beyond the reasonable control of the City.
6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to
damaged Radios arising from the negligence or willful misconduct of City, its
employees, agents, or contractors.
7. Insurance. Metricom shall obtain and maintain at all times during the term of
this Use Agreement commercial general liability insurance and commercial automobile
liability insurance protecting Metricom in an amount not less than One Million Dollars
($1,000,000) per occurrence (combined single limit), including bodily injury and property
damage, and in an amount not less than One Million Dollars ($1,000,000) annual
aggregate for each personal injury liability and products -completed operations. Such
insurance policies shall name the City, its council members, officers, and employees as
additional insureds as respects any covered liability arising out of Metricom's
performance of work under this Use Agreement. Coverage shall be in an occurrence
form and in accordance with the limits and provisions specified herein. Claims -made
policies are not acceptable. When an umbrella or excess coverage is in effect,
coverage shall be provided in following form. Such insurance shall not be canceled or
materially altered to reduce the policy limits until the City has received at least thirty (30)
days' advance written notice of such cancellation or change. Metricom shall be
responsible for notifying the City of such change or cancellation.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of any
work pursuant to this Use Agreement, Metricom shall file with the City the required
original certificate(s) of insurance with endorsements, which shall clearly state all of the
following:
(a) the policy number; name of insurance company; name and address of the agent
or authorized representative; name, address, and telephone number of insured; project
name and address; policy expiration date; and specific coverage amounts;
(b) that the City shall receive thirty (30) days' prior notice of cancellation; and
(c) that Metricom's insurance is primary as respects any other valid or collectible
insurance that the City may possess, including any self -insured retentions the City may
have; and any other insurance the City does possess shall be considered excess
insurance only and shall not be required to contribute with this insurance.
The certificate(s) of insurance with endorsements and notices shall be mailed to
the City at the address specified in § 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all
times during the term of this Use Agreement statutory workers' compensation and
employer's liability insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000) and shall furnish the City with a certificate showing proof of such
coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and
authorized to do business in the State of Texas and shall be rated at least A:X in A.M.
Best & Company's Insurance Guide. Insurance policies and certificates issued by
non -admitted insurance companies are not acceptable.
7.4 Severability of Interest. Any deductibles or self -insured retentions must be
stated on the certificate(s) of insurance, which shall be sent to and approved by the
City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall
be made a part of the commercial general liability and commercial automobile liability
policies.
8 Notices. All notices which shall or may be given pursuant to this Use Agreement
shall be in writing and delivered personally or transmitted (a) through the United States
mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight
delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is
followed by delivery through the U. S. mail or by overnight delivery service as just
described, addressed as follows:
If to the City:
City of La Porte
Attn: City Secretary
P. O. Box 1115
La Porte, TX 77572-1115
If to Metricom:
Metricom, Inc.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95032
8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon
receipt in the case of personal delivery, three (3) days after deposit in the mail, or the
next day in the case of facsimile, email, or overnight delivery. Either party may from
time to time designate any other address for this purpose by written notice to the other
party delivered in the manner set forth above.
9. Termination. This Use Agreement may be terminated by either party upon
forty five (45) days' prior written notice to the other party upon a default of any material
covenant or term hereof by the other party, which default is not cured within forty-five
(45) days of receipt of written notice of default (or, if such default is not curable within
forty-five (45) days, if the defaulting party fails to commence such cure within forty-five
(45) days or fails thereafter diligently to prosecute such cure to completion), provided
that the grace period for any monetary default shall be ten (10) days from receipt of
notice. Except as expressly provided herein, the rights granted under this Use
Agreement are irrevocable during the term.
10. Assignment. This Use Agreement shall not be assigned by Metricom
without the express written consent of the City, which consent shall not be
unreasonably withheld, conditioned, or delayed. Notwithstanding the
foregoing, the transfer of the rights and obligations of Metricom hereunder to
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a parent, subsidiary, successor, or financially viable affiliate shall not be
deemed an assignment for the purposes of this Use Agreement.
11. Miscellaneous Provisions. The provisions which follow shall apply
generally to the obligations of the parties under this Use Agreement.
11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not
provide Metricom with exclusive use of the Municipal Right of Way or any Municipal
Facility and that City shall have the right to permit other providers of
telecommunications services to install equipment or devices in the Municipal Right of
Way and on Municipal Facilities; however, City agrees promptly to notify Metricom of
the receipt of a proposal for the installation of communications equipment or devices in
the Municipal Right of Way or on Municipal Facilities. In addition, City agrees to advise
other providers of telecommunications services of the presence or planned deployment
of the Radios in the Municipal Right of Way and/or on Municipal Facilities.
11.2 Amendment of Use Agreement. This Use Agreement may not be amended
except pursuant to a written instrument signed by both parties.
11.3 Severability of Provisions. If any one or more of the Provisions of this Use
Agreement shall be held by court of competent jurisdiction in a final judicial action to be
void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the
remaining Provisions of this Use Agreement and shall not affect the legality, validity, or
constitutionality of the remaining portions of this Use Agreement. Each party hereby
declares that it would have entered into this Use Agreement and each Provision hereof
irrespective of the fact that any one or more Provisions be declared illegal, invalid, or
unconstitutional.
11.4 Contacting Metricom. Metricom shall be available to the staff employees of
any City department having jurisdiction over Metricom's activities twenty-four (24) hours
a day, seven (7) days a week, regarding problems or complaints resulting from the
attachment, installation, operation, maintenance, or removal of the Radios. The City
may contact by telephone the network control center operator at telephone number
(800) 873-3468 regarding such problems or complaints.
11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of the State of Texas, without reference
to its conflicts of law principles. If suit is brought by a party to this Use Agreement, the
parties agree that trial of such action shall be vested exclusively in the state courts of
Texas, County of Harris, or in the United States District Court for the Southern District
of Texas.
11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to
litigation, the prevailing party shall be entitled to recover its costs of suit, including
reasonable attorneys' fees.
11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda,
attachments, and schedules which may from time to time be referred to in any duly
executed amendment to this Use Agreement are by such reference incorporated in this
Use Agreement and shall be deemed a part of this Use Agreement.
11.8 Successors and Assigns. This Use Agreement is binding upon the successors
and assigns of the parties hereto.
11.9 Advice of Displacement. To the extent the City has actual knowledge thereof,
the City will attempt promptly to inform Metricom of the displacement or removal of any
pole on which any Radio is located.
11.10 Consent Criteria. In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this Use Agreement, such
party shall not unreasonably delay, condition, or withhold its approval or consent.
11.11 Waiver of Breach. The waiver by either party of any breach or violation of any
Provision of this Use Agreement shall not be deemed to be a waiver or a continuing
waiver of any subsequent breach or violation of the same or any other Provision of this
Use Agreement.
11.12 Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity, and authority to
enter into and perform the parties' respective obligations hereunder and that such
obligations shall be binding upon such party without the requirement of the approval or
consent of any other person or entity in connection herewith, except as provided in
§ 3.2 above. In addition, City specifically represents and covenants that City owns all
Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee
pursuant to § 4.1 above.
11.13 Entire Agreement. This Use Agreement contains the entire understanding
between the parties with respect to the subject matter herein. There are no
representations, agreements, or understandings (whether oral or written) between or
among the parties relating to the subject matter of this Use Agreement which are not
fully expressed herein.
In witness whereof, and in order to bind themselves legally to the terms and
conditions of this Use Agreement, the duly authorized representatives of the parties
have executed this Use Agreement as of the Effective Date.
City: CITY OF LA PORTE, a Texas municipal corporation
By:
Robert T. Herrera, City Manager
Metricom: METRICOM, INC., a Delaware corporation
By:
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g
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WESt
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a
W H St
1 St
Circle Dr
O
W K Ave
IC
a i�
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SRAv SR St
SSAve
ay Harbor
Wharton W me Blvd
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8X
g'Y
n n
Jumper C nt View t
Cabe St n
♦
S Hackbeny St n
0
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LAR,
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op
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Estimated Number of Proposed Radios: 105
r Metricoa Cm9htMetricoon minc rinted By:BHG 12 March 1999