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Home My WebLink About124-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 124-~3 Passed 20 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE SEWER AGREEMENT WITH THE VILLAGE OF SHAWNEE HILLS, AND DECLARING AN EMERGENCY WHEREAS, Ordinance 56-00 authorized the City of Dublin to enter into an agreement with the Village of Shawnee Hills for the transportation of sewage, industrial wastes, water or other liquid wastes from the Village of Shawnee Hills and its sewerage system to the City of Columbus for ultimate treatment and disposal; and WHEREAS, an addendum to the agreement is necessary in order to serve the 1.186+/- acres in Concord Township, Delaware County, which was annexed to the City of Dublin on September 15, 2003. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concumng that: Section 1. The City Manager is hereby authorized to enter into an addendum to the Sewer Agreement with the Village of Shawnee Hills in order to serve the 1.186+/- acres annexed from Concord Township, Delaware County on September 15, 2003. Section 2. This Ordinance is declared to be an emergency necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that there is a desire to execute the addendum to the sewer agreement in conjunction with execution of a reciprocal agreement regarding enforcement of noise ordinances. This Ordinance is therefore effective upon passage. Passed this lro day of /y o ~-e~~r~2003. Mayor -Presiding Officer ATTEST: C~~..~. L Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. uty Clerk of Council, Dublin, Ohio MEMORANDUM TO: City Council FROM: Stephen J. Smith, Law Director DATE: October 30, 2003 RE: Ordinance 124-03 As Council is aware, over the past number of years we have completed the annexation of the Bogey Inn property into the City of Dublin. As part of completing that process, it is necessary that we do a very minor amendment to the existing contract with Shawnee Hills. This ordinance authorizes the City Manager to execute that document. Further, all of our previous arrangements with Shawnee Hills with respect to payment of monies, future growth, and other issues all remain constant. This amendment only deals with the site that the Bogey Inn sits on since it is now being serviced by our sewer line through the Shawnee Hills line. If anyone has any questions, please do not hesitate to so advise. {H0373630.1 } AMENDMENT TO CONTRACT BETWEEN CITY OF DUBLIN AND VILLAGE OF SHAWNEE HILLS FOR SEWER ACCESS This AMENDMENT is made and entered into this -day of , 2003 by and between the CITY OF DUBLIN, OHIO (herein "Dublin") and the VILLAGE OF SHAWNEE HILLS, OHIO (herein "Shawnee Hills") to modify pertinent provisions of the Sewer Access Agreement executed by the parties on Apri124, 2000. WHEREAS, Dublin and Shawnee Hills entered into a Sewer Access Agreement on April 24, 2000 providing, inter alia, that Dublin will transport sewage generated within Shawnee Hills to Columbus for ultimate disposal and treatment in accordance with the agreements between Columbus and Shawnee Hills and Columbus and Dublin. WHEREAS, a dispute arose regarding efforts by the owners of a parcel of property, 1.186 acres in size, located in Concord Township in Delaware County, known as the Bogey Inn (herein "South Heidelberg Property") to annex to Shawnee Hills in order to obtain sanitary sewer services that resulted in litigation being filed in Delaware Common Pleas Court, Case Nos. O1- CVH-12-634 and O1-CVH-12-641 (herein "Litigation"). WHEREAS, on November 14, 2002, the trial court in a decision and entry granted Columbus and Dublin's request for summary judgment and issued a permanent injunction enjoining 1) Robert Albright and South Heidelberg from taking any further action on the annexation of the South Heidelberg Property to Shawnee Hills; 2) Shawnee Hills Clerk/Treasurer Shirley Roslcoski from presenting the annexation petition to Shawnee Hills Village Council for consideration; and 3) Shawnee Hills Village Council from taking any action to consider the annexation petition. WHEREAS, on December 5, 2002, South Heidelberg filed a Notice of Appeal to the Court of Appeals of Delaware County, Fifth Appellate District (case no. 02CA-E-12-062), appealing the Court's decision and entry granting Columbus and Dublin's motions for summary j udginent. WHEREAS, the parties to the Litigation, including Dublin and Shawnee Hills, executed a settlement agreement on June 18, 2003 (herein "Settlement Agreement") resolving the Litigation. WHEREAS, pursuant to the Settlement Agreement the South Heidelberg Property is to be annexed into Dublin, Shawnee Hills is to provide sewer service to South Heidelberg Property, (H0373452J } the South Heidelberg Property shall be a sewer re sment to be cons stentiw th the teDrmslof the Shawnee Hills are to amend the Sewer Access Ag Settlement Agreement. WHEREAS, Dublin and Shawnee Hills s of theoSettlement Agreementcess Agreement to make it consistent, and to comply, with the term NOW THEREFORE, in consideration of the mutual covenants and promis 2003 by the herein, and pursuant to the authority in Ordinance No. 124-03 passed November 3, 2003 by the Council of the City of Dublin, and Ordinance No. 22 passed Council of the Village of Shawnee Hills, the Parties hereby agree to amend the Sewer Access Agreement as follows: l . That Shawnee Hills shall provide sewer service to the South Heidelberg Property as soon as the South Heidelberg Property completes all necessary requirements to receive sewer service from Shawnee Hills. 2. Shawnee Hills shall be the exclusive sewer service provider to the South Heidelberg Property notwithstanding the fact that the South Heidelberg Property is annexed to Dublin. 3. The South Heidelberg Property, at all times, shall be subject to all Shawnee Hills ordinances, rules and regulations governing the provision of sewer service by Shawnee Hills. 4. Pursuant to Section 2 of the Sewer Access Agreement, Dublin shall be entitled to receive additional compensation based on actual flows in excess of 120,000 gallons per day if the actual daily flow of wastewater generated in Shawnee Hills exceeds 120,000 gallons per day through the Dublin sewer system to the City of Columbus for treatment and disposal. For the purpose of calculating the gallons of wastewater flows per day pursuant to Section 2 of the Agreement, the wastewater flows generated on the South Heidelberg Property shall not be included and shall not count against, or infringe upon, the 120,000 gallons of wastewater per day calculation. In all other aspects, Section 2 of the Agreement shall remain in full force and effect. 5. Dublin shall not be entitled to any portion of the revenue received by Shawnee Hills in providing sanitary sewer services to the South Heidelberg Property. 6. All other provisions of the Sewer Access Agreement executed by the Parties on April 24, 2000 not in conflict with this Amendment shall remain in full force and effect. s1-10373452.1 ~ IN WITNESS WHEREOF, the Parties hereto have execute 2003~endment to the Sewer Access Agreement, this day of THE CITY OF DUBLIN, OHIO THE VILLAGE OF SHAWNEE HILLS, OHIO Jane Brautigam Jerry O'Shaughnessy Dublin City Manager Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Stephen J. Smith Todd M. Rodgers City Attorney Legal Counsel with regards to Sewer Matters City of Dublin, Ohio Village of Shawnee Hills {Ii0373452.1 )