02-13-1986 (City Council) Agenda Packet DATE POSTED 2-10-86
TIME POSTED 2:00 P. M.
AGENDA
CALLED JOINT MEETING WITH CITY COUNCILS
FROM WYLIE AND ST. PAUL
THURSDAY, FEBRUARY 13, 1986
7:00 P. M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF
BUSINESS BUSINESS
1 Conduct joint work session on Sewer
Treatment Agreement between the City
of Wylie and the City of St. Paul
2 Adjourn
inure. In the second cast!, Perkins r.
116 � Rgpice.sltpuram, 706 P.2d 949 (Sep-
103 (ember 1985), it was determined that
Wasco County could not collaterally
23 asectsof such attacatt attack validit
y
as the
tects of
bar ed. Based
upon the Perkins case, the Court
4 ruled that the county must coordinate
i
'c rks
with thecorn-
90 city in developing its pu
prehensive plan.
The development of the com-
99 prehensive plan was at issue in the
10 Perkins case, which challenged the
94 city's annexation of a roximatel
32 Prepared by John H. Hague sanitary sewer service to a portion of Y PP Y
Attorney at Law Addison. In the contract, Addison 119 acres of agricultural land,which it
99 was granted the right to connect its subsequently zoned for urban de
$Q sanitary sewer lines to Farmers velopment. The Land Use Board of
Branch's trunk sewer line "at such Appeals reversed the city's annexa-
Highway Opposition Fails tion and contemporaneous zoningor-
84 times and at such locations as it P
34 In Hawaii,the State Board of Land deemed necessary together with the dinances because the city's corn-
22 and Natural Resources issued a con- right to use the public streets, high- prehensive plan had not yet been ac-
14 nervation district use permit to the ways and alleys of the City of Farmers knowledged by the Land Conserva-
98 State Department of Transportation Branch when implementing this con- tion and Development Commission.
for construction of Interstate High- tractual right." Until acknowledgment, the city is re-
way H-3 through the North Halawa The District Court found in favor of quired to comply with the statewide
30 Valley. A number of groups chal- the City of Addison, which judgment land use planning goals providing for
6 lenged the granting of the conserva- was appealed to the Court of Appeals orderly transaction from rural to
tion use permit. The First Circuit of Texas, and reversed in City of urban land use,which was not met in
Court, Honolulu County, upheld the Farmers Branch v. City of Addison, the annexation and zoning ordi-
104 granting of the permit and the chal- 694 S.W.2d 94 (March 1985). The nances. It appeared the Court at-
3 lenging groups appealed to the Su- Court ruled that the operation and tempted to eliminate a "Catch-22"
�� preme Court of Hawaii, which af- maintenance of a sewer system is a situation by ruling in the Wasco
. 114, 115 firmed the First Circuit Court in Stop governmental function, and that County case that the county must
H-3 Association v. State Department Farmers Branch was authorized to coordinate comprehensive planning.
124 of Transportation, 706 P.2d 446 (Sep- operate a sewer system and serve an It appears that the issues raised
95 tember 1985). adjoining municipality. However, the concerning the future development of
116 The Court found that the contesting Court ruled that "a contract in dero- Rajneeshpuram may well be moot as
c. 15 parties failed to specifically challenge gation of the municipality's gov- a result of the recent departure from
the determinations of the Board of ernmental function is unenforce- these shores of the Bhagwan, the
05 to 111 Land and Natural Resources, and able." The connection rights granted city's spiritual leader, and the resul-
that as a matter of law,the findings of to Addison in the contract, together tant exodus of people from the city,as
fact of the Board are presumptively with its right to deposit an unlimited reported by the press.
correct. The findings of fact could not amount of sewage into the Farmers
be set aside on appeal unless they are Branch system is deemed to be in de- Personal Injury
shown to be clearly erroneous based rogation of and in conflict with Farm- Recovery Reversed
upon the record. That showing was ers Branch's power and obligation
not made at the time of the trial, ac- to regulate and maintain its own sys- A personal injury action was
cording to the Court. tem. The Court concluded that the brought against the City of Covington,
The Court found that the Board is contract constituted a surrender of a Louisiana, by a pedestrian as a result
"empowered to approve a conditional consequential part of control and reg- of injuries he sustained while stepping
use of conservation lands which will ulation of a governmental function by into a pothole approximately 12 in. in
not detrimentally impact necessary Farmers Branch, which surrender diameter and 1 to 2 in.deep.The 22nd
forest growth, present and future and thus the contract embodying it Judicial District Court, St. Tammany
water resources, and open spaces for were unenforceable. Parish, entered judgment holding the
public use and enjoyment." With the City strictly liable and dismissing an
presumption of correctness, and the Rajneeshpuram Update action against the Gas Company,over
Board acting within the scope of its whose line the pothole was located.In
B authority, the Court confirmed the Two cases have recently been Carr v. City of Covington, 477 So.2d
lower court order. handed down by the Supreme Court 1203 (October 1985) the Court of Ap-
r of Oregon concerning the City of Raj- peal of Louisiana reversed as to the
Sewer Contract Voided neeshpuram. In the first case.City of City. The Court held that the pothole
' Rajneeshpuram v. Wasco County, 706 was in plain view in the City street and
A declaratory judgment action was P.2d 948(October 1985), the Court de- did not create an unreasonable risk of
brought in the District Court for Dallas termined that the county was not ex- harm to pedestrians. Additionally,
ane
County,Texas, to construe contract cused from the requirement that it even if the pothole was a defect, the
r England between the City of Fanners Branch coordinate its comprehensive land evidence indicated that the pedes-
and the City of Addison for municipal use plan with the city. The Land Use trian failed to exercise ordinary care
sewer service. In March of 196.1, the Board of Appeals had previously held to move around the pothole while
cities entered into a contract by which that the county did not need to coot- crossing the street, and therefore the
J Farmers Branch agreed to pruv idr• dinate with the city because the valid- City was found not liable.
122 PUBLIC WORKS for F,•',ruo,-r, pis,;
123
�.,..; TO - N of ST . PAUL
.'� I I I
PROGRESS TRROOGN UNIT Y 745 PARKER ROAD WYLIE, TEXAS 75098
February 13, 1986
MAYOR
DENNIS ALLEN
(214442.3231)
CITY SECRETARY
JOYCE POCKRUS
(214-442.2406)
Honorable John Akin BUILDING INSPECTOR
Mayor Pt11LLIP McKEEVER
City of Wylie (214.442.1401)
P.O. Box 428 TAX ASSESSOR-COLLECTOR
Wylie, Texas 75098 TRACY FOCHT
• (214.442.7212)
Dear Mayor Akin:
On behalf of Mayor Dennis Allen and the St. Paul Town Council I wish
to express our appreciation to the City of Wylie governing body and
City of Wylie staff for the time and effort expended in trying to
reach a mutually satisfactory agreement for treatment of wastewater
from the St. Paul area. Regardless of the final outcome of nego-
tiations , we recognize that much effort was made by all parties to
reach agreement .
Our communities are neighbors and we seek to continue a cooperative
and amicable relationship with the City of Wylie. Even if we are
unable to reach agreement on the wastewater treatment issue, we will
continue to be neighbors and we have no desire to see the wastewater
treatment issue interfere with our long-term needs to work together on
a variety of other issues of mutual concern.
St. Paul' s most serious concerns about the wastewater treatment
agreement relate to the minimum payment schedule and the metering sta-
tions . For your information, I have attached an outline of the mini-
mum payment schedule per our most recent communication with Wylie.
Similarly, the cost and proposed payment method for the metering
station(s ) is a major concern. Sophisticated and reliable metering
stations are being used by neighboring cities (e.g. , Piano) which are
less than half the total cost of the proposed three stations
referenced in Wylie-St . Paul agreements . Furthermore, we would think
it suitable to pay for these facilities as they are constructed and
invoices received. I mention these two issues inasmuch as they are
critical to any agreement between the two communities .
Again, we appreciate the City of Wylie ' s efforts in trying to reach
accord on this matter .
Sincerely,
-Le Lawrence
Management Consultant
Town of St. Paul
LL/jmb
attach
PAYMENT SCHEDULE
PER PROPOSED WYLIE - ST. PAUL
WASTEWATER TREATMENT AGREEMENT
Year 1 $ 63, 000 1, 000 Units
2 78 ,750 1, 250 Units
3 94, 500 1, 500 Units
4 110, 250 1, 750 Units
5 126, 000 472, 500 2, 000 Units
6 140, 175 2, 225 Units
7 157, 500 2, 500 Units
8 173, 250 2, 750 Units
9 189 , 000 3, 000 Units
10 204, 750 1,337 , 750 3, 250 Units
11 220,500 3, 500 Units
12 236, 250 3, 750 Units
13 252, 000 4, 000 Units
14 261, 450 4, 250 Units
15 283, 500 2,591, 450 4, 500 Units
16 299 ,250 4, 750 Units
17 315, 000 3, 205,700 5, 000 Units
All years
thereafter 315, 000 5, 000 Units