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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