HomeMy WebLinkAbout07-74 Ordinance
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ORDINANCE NO. 01.1 L/ , VILLAGE OF DUBLIN, OHIO
ORDINANCE AUTHORIZING THE MAYOR, THE VILLAGE
ADMINISTRATOR AND THE CLERK-TREASURER TO ENTER
INTO A CONTRACT ON BEHALF OF THE VILLAGE OF
il.i DUBLIN, omo, WITH THE CITY OF COLUMBUS, OHIO
III PROVIDING FOR THE SUPPLY OF WATER TO THE VILLAGE
OF DUBLIN AND ITS INHABITANTS BY THE CITY OF
Iii COLUMBUS, OHIO
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. BE IT ORDAINED by the Council of the Village of Dublin, State of
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- Ohio, f.t, of the elected members concurring:
SECTION 1. That the Mayor, the Village Administrator and the
Clerk-Treasurer be, and they hereby are, authorized and directed to execute
a contract for the supply of water between the Village of Dublin, Ohio, and
the City of Columbus, Ohio, on the terms contained in the contract attached
hereto which is hereby made a part of this ordinance.
SECTION 2. That this ordinance shall take effect and be in force
from and after the earliest period allowed by law.
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Passed this \0/ day of J~v~ ' 1973.
AttEtst:
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Clerk -1rreasurer
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KDIFICATION OF CONl'RACl'
BEIWEEN
THE CITY OF COlilMBUS, OHIO
....
AND
..... THE VILLAGE OF DUBLlli, OHIO
This M:x:lification of Contract rrade and entered into by and between the
City of Columbus, Ohio, a municipal corp::>ration, duly authorized by
Ordinance~. 14-83 , passed January 3, 1983 , and the Village
of Dublin, Ohio, a municipal corp::>ration, duly authorized by Ordinance ~.
O'-IJ , passed ,- 0 , this 7-1-4 day of FEll, , 1981.
WHEREAS, the Contract for water service between the City of Columbus,
Ohio and the Village of Dublin, Ohio entered into the 5th day of March, 1974,
pursuant to Ordinance~. 1438-72 passed am approved by the City of ColUIT1l::us,
Ohio and Ordinance ~. 7-74 passed and approved by the Village of Dublin,
Ohio; and
WHEREAS, it is necessary to m::x:lify Section 4 to canply with standard
language used in other Full Service Contracts, arrl
Therefore, it is mutually agreed that Section 4 of the service contract
be rrodified to read as follows:
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,; . Section 4. The water supply aforementioned shall be
.. restricted for usage within the corp::>rate limits of the Village
of Dublin as such limits exists on the date of execution of
this contract or to any properties included within the area
marked on the attached plat as "Area A"; when arrl if such
properties becare annexed to the Village of Dublin.
It is further un:lerstocx:1 and agreed by and between the City of Columbus,
Ohio and the Village of Dublin, Ohio that as to all other sections un:ler the
original contract entered into March 5, 1974 that the covenants, provisions,
tenus and corrlitions thereof shall be birrling and that the only purpose of
this M:x:lification of Contract is for the change outlined above.
IN WITNESS WHEREOF, the City of Columbus, Ohio by its Director of Public
Service, and the Village of Dublin, Ohio by its Mayor, Village Manager,
and Clerk, have hereunto set their signatures on the day and year first al::xJve
written.
THE CITY OF COWMBUS, OHIO
APPRJVEl) AS 'IO FORM: By ~ C ;!.L ;7"""
~ Director of Public Servi e
,.... , Frs 17 198
.... <yfIJ 3 OF DUBLIN, OHIO
Ohio .
By
C- ~ l1~r' l
- --I'"fV:~ ~ By ~ fL.~
Village Solicitor er
Village of Dublin, Ohio By ~.u-.- 4&.....
llage Manager
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.
TOM MOODY
MAVOR
JACK A, HOLT, P,E
CITY OF COLUMBUS SUPERINTENDENT
ROBERT C, PARKINSON. P,E,
DIRECTOR OF PUBLIC SERVICE
OHIO
DIVISION OF WATER
- 140 MARCONI BOULEVARD
MAILING ADDRESS: 90 W. BROAD STREET
COLUMBUS, OHIO 43215
- February 24, 1983
Sherman Sheldon
Village Manager
Village of Dublin, Ohio
6665 Cottman Road
Dublin, Ohio 43017
Re: Modification of Water
Supply Contract
Dear Hr. Sheldon:
Enclosed is your fully executed copy of the above Modification
between the City of Columbus, Ohio and the Village of Dublin,
Ohio.
Very truly yours,
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-- Jerry L. FranciS., P.E.
JLF:kk Assistant Superintendent
Attachment
cc: Dir. Parkinson
Mr. Holt
Accounting
Auditor
Hr. Doutt
Mr. Scarpitti
Hr. Lord
Hr. Hammond
Mr. Hachat
Mr. Curry
Ms. McNichols
File
r QUALITY WATER - GOOD SERVICE - REASONABLE COST
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I 174 THE CITY BULLETIN )t...
Commission to succeed Mr, Marvin objecting to rezoning Ordinance No, New Type C,2: Mcd'''lIlI
' Glassman, who is filling the posi- 209-73 to be heard on March 3, 1973 Pharmacy No, 2, HUV 1\.1;,
tion of Mr. Edward A. Pellissier. His and requesting defeat of same. New Type C,2: Rum:. h
term expll'es January 31, 1977. 6. A lettor of thanks dated Fchru- R. P. Carry Out, 6~1I WI/oil
ary 21, 1973 from the Columbus nue.
COMMUNICATIONS ON FILE IN Associ'ltion Jor the Performing Arts N T D 2' Opt" t
CITY CLERK'S OFFICE AS OF for' th~ support of the City Council. C' ~\~l IT~'o 'I;lC J.
FEBRUARY 26, 1973 , , . 7. Letter dated Februmy 22, ]973 P~~t~; Foodl Murt 7'02. l\1
1. ~~nthly Report of the DIVlslOn from Division of Zoning re: Liqllor land Avenue.
of B,Ulldll1g HegulatlOn for January permit application of Campus Lodg~, New Type D,2: Ol',rr
"......... 31,1973.., , . Inc., statll1g that n<;lr attorney IS Central Ohio, Inl'" 41 1-'
2. Monthly ReceIpts of DI\'lSlOn 1l11tJatmg procedures to wIthdraw Pantry Food Marl 701 311,1
of Municipal Airports as of Janucuy the application since tlwy cannot St '
31, 1973, procluce a Certificate of Occupancy. New Type C-2: Bi6 :t..
......./ 3. Minutes of the January, 1973 8. Ohio Department of Liquor 0057 3059 E Living~!,J! A
meeting of the Columbus Metropoli- Control applications as follows: N' Ty 'D 0, <J3" '(
A. d A 't. C . e\v pe _,), ,) v
t~n ITport an vIa IOn ommls- Transfer Type C-2: 'Filippo Pan- I d/b/ C]:JG N 1I1~' '"
slOn. z('ra, d/b/a Donato's Pizza, 1000 nc., a ;) , ,
4. Annual Report of the ~epart- Thurl11c,m Ave" fro!;l 1210 W. Third I '- ,,' ,
ment of CIty AudItor for 19/2. Ave.. d/b/a Panzeras PIzza, .-:J1/..e..4 ,/,,)/ "
5. Letter dated Febl'llary 14, 1973 New Type D-3A: Rorris Restnu- -". ' If c' a.. " '
from Brookside Civic Association rants, Inc" 296 N. High St. aty Clerk
I ORDINANCES PASSED ..
ORD. No. 1433-72-To nuthorlze and direct hereb,' eke1ared to be an emergency mea- Being 46:t Qen's Iu,'at.,' ...
the Director of Public Service to enter sure and "h~lI take dTect and be In foree side of Ha~uc A\"nu~, II).' ~
into a water scrviee eon tract with the from and after its passage and approval EI Paso Drive nnd .'...! 01 II
Franklin County Commissioners to Sl'wer by the lIr~:vor, terminus of Brolll"I,I" ,.. '.,'
District No, 6, New Albany Area, llhd to Passed February 26, 1073, heing more parUL'llI~lly d..,
del'lare an emergency. 1\1, D, POllT1I1AN, follows:
Whereas, an emergency exists in the President of Councll. County of Franklin, ~l'"
Usual d~il.v operation of the Department Approved February ~tl, 1~),'3. Township of Frunkllllj ~II'( I
of Public Serviee, Division of Water, in TOM 1I100DY, Mayor, #1~79 ,md 87;" \'il'/;III. 11.. A>
that it is ilnn1(~ciiatcly n('c('~s~ry to en1er At1c~t: and bounded and dt'::.~,Il"'d III
into a water service contract with the H~LEN M. \'j\N HEYDE, City Clerk, Beginning at nn lioll r;q ~~
Franklin County Con1Inl~.;siollers to 'sup~ cenk-'r line of I-Ia.~:uL' A\.' 'Illlr "1
ply Welter to Sewer District No.6, Nl'w -__ enst corner 0i Ihe U"".It I,
AlbnllY Area, .111d the inh~lbit:lnts thereof, . acre tr<1ct (sClulhc4'St ('Oflltf,f ti
Irom Ihe mUl1leipal Welt,... supply (.[ Ihe ORD. No. 1438-72-'1'0 authorize and direct F. Jon,'s tral'll;
City of CoIl/millIS, Ohio, for the imnll'di- the Direetor of Publie Sen'ice to "nter The-nee from SJld bt,~tll"tr'4
ate preservation of public health, pezH'C into a W.1ter service contrrlct \v1th the the north line of tho 'l[llh~:, t:
nnd property '1I1d safety, now, therdore: Village of Dublin, Ohio, alI<.I to <.Iedelr" 30" W (pas;,inr: nn lilln Illlt .
Be it ordelinl'd by the Council of the an "n1crgency, 1671.5 feet to an trllll JIll'"
City o[ Columbus, Ohio: \VI",reas, an emergency exists in the Thel1L'e al'lng the U"o ,.f ,I
Section 1. That the Director of Public llooual daily ol)('r~tion of the Dl'partmcnt Bak Fmms, N 22" ~Il' IV I.~
.... Serviel' be anel he, is hereby authorized of Publie Servic,', Divi~ioll of Water, in stonE' found In the """lh Ih" ,
'I~ and directed to execute a COil tract Ile- th~t it is immediately i1<'l'l'ssary to cnter th,> We,IL',\' \I'Ll,,,,, 1!"lrl Ii.,,'
tween the City of Colunlbus and the into a \vater ~('r\"l('t' contract \vith the Thence alollg t's1d IrAd. ~: t1
FL-mklin Count."l Ct)mtnb~inners for \VZ1tpr Vill[!.t;c uf Dublin, Ohio, to ~llpply wntL'r feet to .111 non pln llllill,\ ,I
service to Sc\ver District No. G, New Al- to the inh~bit<1nts thereof, from the west corner of thl' Geo. , tH
bnny Arf'.1, [Ind the inh;1bil<lnts thcTl'or. nlunicipal \\'~lt('r supply of the City of tract;
'G..-...J Section 2. Thnt j'(lf the r(';)suns S!;1f('c! (\)lUInbus, Ohio, for the inllllPcli.1tc prL'scT- 'rhcnce alan;:- the west Il!:t, <11
- in the prpamble hpreto, which is hnL'lJY vatioll of pulolic health. peace, propl'rty S 2:!" 30' E 2:m,~ [l'd 1~ ..,
made a p;Jrt hereof, this ordinnth'c is nnd snfety, nuw, therefore: found:
hcreov declared to bl~ nn (,lnc>rgCI1C'Y Inc.]- Hp it ordain/cd bv the Council of the Thence Rlonf~ the fl'C1uth ~\
""'e and shall take elTee! and be in for~'e Cily of Col\ll1lbu" Ohio: tract, N, (;7'; :111' E (pu 'In~ ,
fro"" and after its passage and approval ~eclion 1. That the Director of Public found at 7:12,9,1 fpcll, 7~:: ". (",
by the I\layor. Scrvice he and he is hereby authOrized In the center,lIne of II"L~I. ..
Passed Fcbru~ry ~(), 1973, and directee! to execute' .] contract he- J-loint bein;; located 2JH,;1 "..t..
M. 11. l'UHTM,\N. t",('en 11", Citv of Columhus and the \'ill- south rir:ht,of-way li"l' 01 :\'
Prpsidf"-llt of Councll. :1ge of DL1bli~. Ohio, Jar wZltcr ~('rvice Thf>ncc .::llonr. ~i'd\1 l'ln1t"( 1'< I
Approved February 2tl, ID~J, from its lrlul1ll'ipal water supply to the E 1u66,8 feet to the pll,,,. "
'1'01\1 l\lUODY, RTnyor. inh;luit;lnts thl'l'0-of. . . containinl~ tlfj,14 Ol'l"t''l, 11,'ln' I'
Att~sf.: S"ction 2. That for the re~sons stalPd ject to all legal hl~hw,,\'. lOr r,
HELEN :M. VAN HEYDE, City Clerk, in the preamble h('reto, which Is hereby To rezone frpn! Iln 1\.1 Ir.~,
marh> a part hereof, this ordinance is triet, to all AI1,L1J, ^I "t,,,..
herebv declared an emergency measure tlal-Low j)l'",lty nI,lrl.l.
and shall take effect and be in force from Seclion 2. That the lit".:."
ORD. No. 1437-72-'1'0 authorize and direct and after ils passage a'1jl approval by Ing AdmlrIistrator of tho 1//'.1..
the Dire('tor of Public Servi('e to enter the Mayur. lng he, and he Is, h,'r..r,v ."
into a water service ('on tract with the City P,,,sed February 26, 1973. . . directed to make thc .,d~ ,""
of Hilliard Ohio and to declare an emer- lVL D. PORTMAN, said orir;lnal zonIng nll'll In'
gpnc\'. ' , Prest'/"nt of Council, the Division of Build!",: It'r"
Whereas, an emergency extsts In the Approved February 26, 1!J73. the office of the Division .', .
USlL" daily opeJ:atJoll of the Department TOM MOODY, Mayor, Section 3. That thl. 0,,1:,
of Public Service, Division of Water, in Attest: take etrect and he in ror('c' r,
that it is immediately necessary to enter HELEN M. VAN HEDYE, City Clerk. the earliest period IIllowed I"
Into a waler service contract with the Passed February ~O. IU';,I,
City of Hilliard, Ohio, to supply water to 1\1. D, POn-I'M \ '/
the inhabitants thereof from the municl- PrO'.l,t."f
pnl wakr supply of the City of Columbus. ORD. No. 179-73-'1'0 rezone 46:f: acres Approved February 21;, Ill':)
Ohio, for the Immeejjate preservation of loc"ted In the Mnrble Ciltr Plan area on TOM MO(
public health, peacc, property and safety, the west side of H"gue Avenue, 1450 feet Attest:
now, then'fore, north of El Paso Drive and east of the HELEN M. VAN II!OYI.
Be it ordained by the Council of the ,'asterly terminus of Brookside Boulevard,
City of Columbus, Ohio: From: R-I, Residential, To: AR-LD, Apart- ,_
' Section 1. That the Director of Puhltc ment Resielential'Low Density, as recom-
Service he and he Is hereby authorized n1Pnded by the Developm<:nt Commission. ORD. No. 181-7~-To r.to~f
and directed to execute a contract be- Be it ordained by the Council of the located On the north .hl. oj
tween the City of Columbus anel the City City of Coiumbus: Avenue eX1ending wc,t h",
of HJI]jard, Ohio, to supply water to the S"clion I. That the Zonln~ Map at- ali(>y west of Souih lIIr.h '"
1101 " inhah,tants .,th('r('of from Ifs mlJnf~fn~l. h0h,:.:i ,t:",._,(:>.u.~;"....~;.~n .._::,::oco 00____' ,.._ _ , ... " ',.'
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CONTRACT
BETWEEN THE CITYOF,COLUMBUS, OHIO
AND
THE VILLAGE OF DUBLIN, OHIO
This Contract made pursuant to Ordinance 7-74 , passed and approved
by the Village of Dublin, 1hio, authorizing and directing the Mayor, Village
'...~ Administrator and Clerk Treasurer to enter into this Agreement and pursuant to
Ordinance //~rj~ --1 ~~ passed and approved by the City of Columbus, Ohio,
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authorizing and directing the Director of Public Service to enter into this
Agreemen t , is hereby made and entered into by and between the said City of
Columbus, Ohio, a municipal corporation, and the Village of Dublin, Ohio, a
municipal corporation this ",'/-7.,. day of I/;/,'jt' . Ie. ,197 ,/.
~': i (~~ -.- c.;
WITNESSETH :
Section 1. The City of Columbus shall, for the consideration herein-
after stated, furnish to the Village of Dublin, Ohio, and the inhabitants thereof,
surplus water from the municipal water system of the said City of Columbus, for
20 years from the date of execution of this Agreement through //~~<~ 1- / ,19 7~A
,
provided, however, that on or after _~:7tTi'fl:< / , 19X~/, this Contract and
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r the obligations hereunder may be terminated by either party after first giving
three years written notice to the Service Director of the City of Columbus or
\.. appropriate official of the Village of Dublin, Ohio. On : 17}:t f f';':" I , 19ft
or any earlier date this Contract is terminated any and all terms of this Agreement
shall cease.
.
Section 2. Such water supply aforementioned sha1! be furnished from the
water distribution system of the City of Columbus to said Village of Dublin and
the inhabi tants thereof through the wat er distribut ion system of the Village of
Dublin as the same is developed and extended during the life of this Contract.
Connection shall be made to the Columbus Distribution System at the intersection of
State Route 161 and Sawmill Road or at such other point as may be mutually agreed
upon i~ writing between the parties to this Contract.
The Village of Dublin shall have the further right to connect its water
1 lines to any other water mains subsequently installed by the City of Columbus
within or adjacent to the corporation lines of said Village; provided, that the
, Directorof Public Service of the City of Columbus may refuse such right when in
..J his professional opinion such mains are of insufficient capcity to. serve the
proposed water service area.
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The City of Columbus may make such connections between said system as
is necessary to maintain pressure which will provide an adequate supply of water
for consumptive demands and for fire protection. Nothing contained herein,
however, shall be construed so as to hold the City of Columbus liable for lack
of adequate water supply and pressure within the corporation limits of the Village
of Dublin due to any inadequacy on the part of the distribution system of the
c~
Village of Dublin, Ohio, nor due to any inadequacy of the water supply or distri-
~ bution system of the City of Columbus.
The City of Columbus reserves to itself the right to make any actual
connection to its water lines or to chlorinate all water lines connected to its
lines of said City or Village and in such event, the Village of Dublin shall pay
the actual cost of labor and materials plus twenty-five percent with respect to
lines designated soley to service the Village of Dublin and its inhabitants.
The City of Columbus reserves to itself the right to add or delete any
chemicals to the water which in the opinion of the electorate, executive, legis-
lative or administrative bodies of the City of Columbus deems necessary and shall
be in the exclusive control of the City of Columbus, as to each of these bodi"ls
.
within their specific authority, conversely, the City of Columbus is not subject
'.-.. to any requirements of the Village of Dublin whether through said Village's
electorate, executive, legislative or administrative bodies, to add or delete
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chemicals to the water supply.
The City of Columbus may construct and maintain such elevated storage
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facilities as it deems necessary within the Village ~f Dublin water service a~a
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to serve the total distribution system. In the event the Village of Dublin
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constructs and maintains its own elevated storage facilities, spec ial control
devices may be installed by the Village of Dublin with the approval of the Director
of Public Service of the City of Columbus to prevent loss of emergency reserves and-
fire storage to areas outside the Dublin Service Area.
Section 3. During the term of this Contract, the City of Columbus shall at
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its own expense maintain the water main distribution system of the Village of Dublin,
" maintain any extensions thereto, and make all repairs which from time to time are
,
required as a result of the normal use of said system. The fire hydrants and storage
...... tanks shall not be considered a part of the water main distribution system.
The
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provisions of this Section shall not apply to any damage to the water main distri-
bution system caused by any type of construction or work in the vicinity of water
mains or caused by defective or improper installation.
2.
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Neither- shall the provision of Ihis ~;cctiotl apply to rep I :Il'I'llll't1l S or re I oc at ion s
which may be required from time to time, except as required to make repairs. Such
replacements or relocations shall be made by the Village of Dublin under the super-
vision of the Division of Water of the City of columbus.
Section 4. The Hater supply aforementioned shall be restricted for usage
"""'- within the corporate limits of the Village of Dublin or to any properties included
within the area marked on the attached plat as "Area An; when and if such properties
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become annexed to the Vi llage of Dub Un.
Section 5. Any extensions to the distribution system of the Village of Dublin
are to be made by the Village of Dublin at its own expense. All such extensions shall
be made in accordance with plans and specifications approved by the Director of Public
Service of the City of columbus. Such approval or rejection shall be made by the
Director of Public Service of the City of Columbus within thirty (30) days after de-
tailed plans and specifications have been submitted by the Village of Dublin, otherwise
the Village of Dublin may proceed with construction subject to any and all inspection
and approval required by the City of columbus.
Section 6. During such time as this agreement is in full force and effect no
r charge by either party shall be made in respect to the public fire hydrants attached
or to be attached to the water distributiln system of the Village of Dublin.
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\.,.. The Village of Dublin shall be permitted to install fire hydrants on its water
distribution system, after approval of the plans therefor by the Director of Public
Service of the City of Columbus and to use water from the hydrants for fire protection
.
and fire hydrant maintenance. The use of water from hydrants for any other use than
fire protection or fire hydrant maintenance, before being used, shall be approved by
the Director of Public Service of the City of Columbus and the Village Administrator
of the Village of Dublin and shall be subject to all applicable rates, fees and charges.
The Village of Dublin shall pay the applicable rates, fees and charges for all water
it uses from public hydrants other than for fire protection at the rates, fees and
,
charges as set forth in the Columbus City Codes, 1959, as amended or as may be amended
or reenacted in the future.
"" Section 7. The Village of Dublin shall install or authorize the City of
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Columbus to install or have installed under the supervision of the City of Columbus
all taps to the water main distribution system of the Village of Dublin. If the tap
is installed by the City of columbus the charges shall be the then current applicable
charge set forth in Section 1105.08, Columbus City Codes, 1959, as amended, or as may
be amended or reenacted in the future. Meter fees and repair charges shall be the
applicable City of Columbus fee or charge. All meters shall be procured through the
3.
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,- - lJlvmlftf"Of".~-r..ortnc.'CTty-oCCo"1un;-b~'s. Prior to distribution or sale of water
to consumers within the Village of Dublin, each consumer shall sign for the City of
Columbus a standard consumer contract and shall agree to comply with all applicable
ordinances, provisions of the Columbus City Codes and the Regulations and Rules of
its Director of Public Service, as such ordinances, provisions of the Columbus City
Codes, 1959, and the Rules and Regulations of the Director of Public Service may be
t' amended, reenacted and established or reestablished in the future.
"-" The City of Columbus shall at its own expense read meters and render bills
to consumers. The City of ColQ~bus agrees that upon presentation by the Village of
Dublin a certified copy of any ordinances or legislative measures duly passed,estab-
lishing a surcharge on such rates or charges for water or sewerage service, such
surcharge will be included as a separate item under the billing authorized herein and ~
surcharge shall be refunded to the Village of Dublin, Ohio, every three months together
with a verified report of the amount so collected.
Section 8. The City of Columbus shall charge, and the consumers within the
Village of Dublin shall pay for water supplied and other services at the applicable
rates, fees and charges in effect for consumers outside the corporate limits of the
,
City of Columbus as established by the Columbus City Codes, 1959, and ordinances of
r the Coun~il of the City of Columbus as the same are presently in force or as may be
t amended, enacted or reenacted in the future for such water supplied or services
'- rendered. In no event shall the water rates to be charged within the Village of
Dublin, exclusive of any surcharge levied by the Village of Dublin, exceed the
prevailing rate or rates of charges for water consumers outside the corporate limits
.
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of the City of Columbus as the same are provided by ordinances of the City of
Columbus and in no event shall the water rates to be charged within the Village of
Dublin, during the term of this Contract, exceed by more than thirty (30) percent,
the rates charged consumers within the corporated limits of the City of Columbus
exclusive of any surcharge levied by the Village of Dublin. In the event that the
City of Columbus subsequent to the date of the Agreement shall agree to furnish like
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services to any other political subdivision at a lower rate of charges than established
in this Contract, said lower rate of charges shall automatically become the rate of
r charge for furnishing water to the Village of Dublin and the inhabitants thereof for
,
\. such length of time as they shall prevail in said other political subdivision contract
or during the remainder of the term of this Contract, whichever date is earlier in time
Section 9. The Village of Dublin agrees to comply with all terms and conditions
of this Contract, with all applicable rules and regulations of the Director of Public
Service of the City of Columbus and all applicable ordinances of the City of Columbus
4.
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or as the same may be amended, enacted, reenacted, estahlislH'd or rccstablished in
the future. The City of Columbus reserves the right to discontinue service to any
consmner for a breach of the terms of this Contract, for non-payment of bills or
violation of applicable ordinances of the City of Columbus and Rules and Regulations
of the Director of Public Service of the City of Columbus, o~ as the same may be
amended, enacted, reenacted, established or reestablished in the future. Any of the
"..... above shall be sufficient reason for the City of Columbus to discontinue water service
to any consumer of the Village of Dublin, Ohio, without resorting to any legal pro-
-
ceedings in law or equity.
Section 10. The water supply aforesaid shall be for the domestic, commercial
and limited industrial usage for the Village of Dublin and its inhabitants. Limited
industrial usage is defined as an average daily consumption no greater than one
million gallons per day per consumer. Larger consumption may be permitted if, in the
opinion of the Director of Public Service of the City of columbus, such usage wi 11 not
impair the planned development of the Columbus Service Area.
Section II. The City of Columbus shall have the right to connect its water
lines to any water lines owned or installed by the Village of Dublin for the purpose
of supplyi~g water to other consumers; provided, hm-,"ever, that the Village of Dublin
r may refuse SJch right when such water line is of insufficient capacity to serve the
t proposed service area. Such connections shall be made by the City of Columbus at its
~ cost and expense.
Section 12. During the term of this Contract, the Village of Dublin grants to
the City of columbus the right to enter into the corporate limits of the Village of
.
Dublin and its streets, highways and alleys or other p~blic easements for the purpose
of this Contract and for the further purpose of laying any large feeder mains which may
,/
be deemed necessary by the Director of Public Service of the City of Columbus on the
basis of sound engineering principles to build up an adequate feeder main distribution
system in the entire area to be serviced by the City of Columbus,including but not
being limited to corporate areas of the Village of Dublin. The plans and specificatior
for Che laying and extension of such large feeder mains shall be submitted to the Villa!
of Dublin for approval from an engineering standpoint. Such approval from an engin-
r eering standpoint or rejection fully supported by engineering reasons, therefore, sha 11
,
\... be made by the Village of Dublin within thirty (30) days after submission of said plans
and specifications. Failure of the Village of Dublin to submit in writing, rejections
of any parts of the plans and specifications or in their entirety shall constitute
approval of the Village of Dublin and acquiesence in such plans and specifications
and the City of Columbus is hereby given the right to proceed with the construction.
5.
j
_~~:-_"...,.-,,,,,,.......___..~-:.,.....-- ....'~..~.--..... ......,......-.-~.....:_,.__...__~_.t,,.,_-.,...-_,___.__-_...,..~....,...--_~...-7""~_.......,,...-~-~.,.....~""~-~"" ~-'"' ...-- - ---:-~.
-- .
- oj'.........-...
~ , I'IITIII' J .
The City of Columbus p Il' d g l' S It Sl' II to makl' such I ;ll'gl' feeder main installations
at its own expense and to restore all streets, highways or a lleys to the extent
practical to the same condition in which they were found prier to such installation.
The right to preserve, maintain, operate and repair any facility so constructed
shall continue after the expiration of this Contract and the ownership remain in
the City of Columbus.
,,-. During the period of this Contract, the Village of Dublin shall have the
right to connect any main or mains of its distribution system to any such feeder
'---
mains as aforesaid. Such connectiors shall be made by the City of Columbus and
paid for by the Village of Dublin under the same terW-s as provided in Section 2 of
this Contract.
Within a reasonable time after the execution of this Contract, the Village of
Dublin shall furnish to the City of Columbus copies of its location maps showing its
total water distribution system and furnish additional updated copies of maps, if
and when changes or additions are made to the water distribution system. Also, the
Village of Dublin will submit a copy of a set of plans as built for all water facil-
ities installed, to the Division of Water of the City of Columbus for record purposes.
The City of Columbus shall furnish the Vinage of Dublin copies as ~uilt water
distribution drawings and any subsequent changes thereto of all water facilities,
r- within or adjacent to the area shown as "Area A" on the attached plat constructed by
.
\. the City of Columbus.
Section 13. Failure on the part of either party to this agreement to faith-
fully discharge its obligations and responsibilities hereunder, either ~n whole or in
.
part, shall vest in the other party to the agreement .the right to terminate same,
effective ninety (90) days after written notice of such failure and the intent to
terminate is filed by such party with the offending party, provided that the offending
party shall have the right to correct the said failure to faithfully discharge its
obligations and responsibilities and upon demonstration thereof, such notice of
cancellation shall not be effective and this agreement shall remain in full force and
effet:t without prejudice to the right of the City of Columbus to collect amounts due
and owing to the City arising under the terms of this Contract prior to termination.
r Section 14. It is further agreed that the City of Columbus shall have the
, right to temporarily shut off the water supply of the Village of Dublin or any part
\..
thereof whenever alterations, additions or maintenance operations make it necessary.
6.
..... ,. ."".. _:__..,.. '_' ,.w._..........."C"_. ........_ -_.r....~._' _...,.._,~"."........-.,...-.,...., ---.' ,.--..,...... -""',-~ _.~ ..,.-,-.' ~.~-'.-..,..7.... .,~~---- ,..----.. ~~~;-;- ,,.--/,,,,-,- -"-. ........ -........,.._-~~ " ~~.:.;-"""""""'.,.,:,::::::::,::.:::,_,,,:e-__-r::'!':"- -
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The City of Co I 1lII1btl:;, Jllvi~;illll III \';.ltl'I', :.hall ~',IVl' thl' VilLlgl' of !lublin,
reasonable notice .:1nd probabll' duration of such shut off::;, exc('pt in case of I
a serious break or accident, water service will be discontinued without notice.
Under no circumstances will the City of Columbus be held liable or responsible
for any damage that may result in the Village of Dublin or its inhabitants thereof
due to any necessary di5continuance of water service.
"~ Section 15. ,The City of Columbus further agrees, subject to proper legal
I
I I
procedures, to begin extension of the water main to the Village of Dublin and so
--
proceed that said water main shall be ready for connection by, and the supply of
I
water to, the Village of Dublin within two (2) years. I
I
IN WITNESS WHEREOF, the City of Columbus by its Director of Public Service, I
and the Village of Dublin, by its Mayor, Clerk-Treasurer, and Village Administrator !
have hereunto set their signatures on the day and year first above written.
I
THE CITY OF COLUMBUS, OHIO
/
APPROVED AS. TOT: ,'_' By /-:/ ,i.'/....~-<(/ ,el', /'A'c:"--/t:-.~c----,_______
, );'_-li../rj7-/j';L/ Director of Public Servic
/"'I'~ I . ,I
- -- ;. .---- _....1 (/ ,.l --~-._--
.. - ~ ---
Cit~ Attorney City of Columbus, Ohio
,I ' ,
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/< / ,'(;,', ' y (/ (.;.. . THE VILLAGE, OF DUBLIN, OHIO
-- ' , .1 ~,.-;,- ,.-l,{ /( \---/ A. ( . ~_....... , I 1'/ 7j
Village Solicitor, Village of'Dublin,O. By /.;/ '-,./..:<--,,;/./, /c L_-<<//7_, ,
/' 'L' Mayor 1// .
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Witness Clerk-Treasurer ~
, ,,-, ,(", ' / 1,/ _,', ./ .. .. //' / . r
i",f l~:.<"fc /.." /.. / ,Ie- ,: / /'-'L./ By . ~'",-/ /.../.{, i:'//f<,.//;~L,((': ('~; ~ ..
Witness Village Administrator
.
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- .
CONTRACT
BETWEEN THE CITY OF COLUMBUS, OHIO
AND
THE VILLAGE OF DUBLIN, OHIO
This Contract made pursuant to Ordinance 07t""7~ , passed and
approved by the Village of Dublin, Ohio, authorizing and directing the
mA'-Io~. V IL.LAGf' AJJ (l'1 I iV:a-rAA.TOA, . + CL..e-P-K-- T P-C'-t'\-'S '-' P-. ea.
,..., to enter into this Agreement and pursuant to Ordinance ,
. passed and approved by the City of Columbus, Ohio authorizing and directing
L
the Director of Public Service to enter into this Agreement, is hereby made
and entered into by and between the said City of Columbus Ohio, a municipal
corporation, and the Village of Dublin, Ohio, a municipal corporation this
day of 197 .
-
WI TNES SE TH :
Section l. The City of Columbus shall, for the consideration herein-
after stated, furnish to the Village of Dublin Ohio, and the inhabitants thereof,
surplus water from the municipal water system of the said City of Columbus for
20 years from the date of execution of this Agreement through , 19 ;
-
provided, however, that on or after 19 , this Contract
-
[ and the obligations hereunder may be terminated by either party after first givtnq
three years written notice to the Service Director of the City of Columbus or
appropriate official of the Village of Dublin, Ohio. On 19
-
or any earlier date this Contract is terminated any and all terms of this Agreement
shall cease.
Section 2. Such water supply aforementioned shall be furnished from the
water distribution system of the City of Columbus to said Village of Dublin and
the inhabitants thereof through the water distribution system of the Village of
Dublin as the same is developed and extended during the life of this Contract.
r- Connection shall be made to the Columbus Distribution System at the intersection
,
,
'-' of State Route 161 and Sawmill Road or at such other point as may be mutually
agreed upon in writing between the parties to this Contract.
The Village of Dublin shall have the further right to connect its water
r lines to any other water mains subsequently installed by the City of Columbus
( within or adjacent to the corporation lines of said Village; provided, that the
.....,
Director of Public Service of the City of Columbus may refuse such right when in
his professional opinion such mains are of insufficient capacity to serve the
proposed water service area.
l.
rJ
;
---- "'." . .--_.- -""~"-~------_.~~"----'--'--
..
. .
The City of Columbus may make such connections between said system as
is necessary to maintain pressure which will provide an adequate supply of water
for consumptive demands and for fire protection. Nothing contained herein,
however, shall be construed so as to hold the City of Columbus liable for lack
of adequate water supply and pressure within the corporation limits of the
Village of Dublin due to any inadequacy on the part of the distribution system
r- of the Village of Dublin, Ohio, nor due to any inadequacy of the water supply or
.
. distribution system of the City of Columbus.
'-
The City of Columbus reserves to itself the right to make any actual
connection to its water lines or to chlorinate all water lines connected ot its
lines of said City or Village and in such event, the Village of Dublin shall pay
the actual cost of labor and materials plus twenty-five percent with respect to
lines designated solely to service the Village of Dublin and its inhabitants
The City of Columbus reserves to itself the right to add or delete any
chemicals to the water which in the opinion of the electorate executive, legis-
lative or administrative bodies of the City of Columbus deems necessary and shall
be in the exclusive control of the City of Columbus as to each of these bodies
within their specific authority, conversely the City of Columbus is not subject
r to any requirements of the Village of Dublin, whether through said Villagers
l electorate, executive, legislative or administrative bodies, to add or delete
chemicals to the water supply.
The City of Columbus may construct and maintain such elevated storage
facilities as it deems necessary within the Village of Dublin water service area
to serve the total distribution system. In the event the Village of Dublin
constructs and maintains its own elevated storage facilities, special control
devices may be installed by the Village of Dublin with the approval of the Director
r of Public Service of the City of Columbus to prevent loss of emergency reserves and
, ~
fire storage to areas outside the Dublin Service Area. "
I:
\.,. Section 3. During the term of this Contract, the City of Columbus shall at
its own expense maintain the water main distribution system of the Village of Dublin,
maintain any extensions thereto, and make all repairs which from time to time are .
r
required as a result of the normal use of said system. The fire hydrants and storage
(
tanks shall not be considered a part of the water main distribution system.
"-'" The
provisions of this Section shall not apply to any damage to the water main distri-
bution system caused by any type of construction or work in the vicinity of water
mains or caused by defective or improper installation.
2.
r;:
. .
.
Neither shall the provision of this section apply to replacements or relocations
which may be required from time to time, except as required to make repairs. Such
replacements or relocations shall be made by the Village of Dublin under the super-
vision of the Division of Water of the City of Columbus.
Section 4. The water supply aforementioned shall be restricted for usage
within the corporate limits of the Village of Dublin or to any properties included
r" within the area marked on the attached plat as "Area A"; when and if such properties
t become annexed to the Village of Dublin
L Section 5. Any extensions to the distribution system of the Village of Dublin
are to be made by the Village of Dublin at its own expense. All such extensions
shall be made in accordance with plans and specifications approved by the Director of
Public Service of the City of Columbus. Such approval or rejection shall be made
by the Director of Public Service of the City of Columbus within thirty (30) days
after detailed plans and specifications have been submitted by the Village of Dublin,
otherwise the Village of Dublin may proceed with construction subject to any and all
inspection and approval required by the City of Columbus
Section 6. During such time as this agreement is in full force and effect,
no charge by either party shall be made in respect to the public fire hydrants attached
or to be attached to the water distribution system of the Village of Dublin.
r The Village of Dublin shall be permitted to install fire hydrants on its
L
water distribution system, after approval of the plans therefor by the Director of
Public Service of the City of Columbus and to use water from the hydrants for fire
protection and fire hydrpnt maintenance. The use of water from hydrants for any
other use than fire protection or fire hydrant maintenance, before being used sha 11
be approved by the Director of Public Service of the City of Columbus and the Village
Administrator of the Village of Dublin and shall be subject to all applicable rates,
fees and charges. The Village of Dublin shall pay the applicable rates, fees and
r" charges for all water it uses from public hydrants other than for fire protection at
,
, the rates, fees and charges as set forth in the Columbus City Codes 1959 as amended
\....
or as may be amended or reenacted in the future.
Section 7. The Village of Dublin shall install or authorize the City of
r' Columbus to install or have installed under the supervision of the City of Columbus
,
( all taps to the water main distribution system of the Village of Dublin. If the tap
.,,-,
is installed by the City of Columbus the charges shall be the then current applicable
charge set forth in Section 1105.08, Columbus City Codes 1959, as amended, or as may
3.
r"
.. ,
.
be amended or reenacted in the future. Meter fees and repair charges shall be the
applicable City of Columbus fee or charge. All meters shall be procured through the
Division of Water of the City of Columbus. Prior to distribution or sale of water
to consumers within the Village of Dublin, each consumer shall sign for the City of
Columbus a standard consumer contract and shall agree to comply with all applicable
ordinances provisions of the Columbus City Codes and the Regulations and Rules of
~ its Director of Public Service, as such ordinance, provisions of the Columbus City
.
L Codes, 1959 and the Rules and Regulations of the Director of Public Service may be
amended reenacted and established or reestablished infue future.
The City of Columbus shall at its own expense read meters and render bills
to consumers. The City of Columbus agrees that upon presentation by the Village of
Dublin a certified copy of any ordinances or legislative measures duly passed, estab-
lishing a surcharge on such rates or charges for water or sewerage service, such surcharge
will be included as a separate item under the billing authorized herein and such sur-
charge shall be refunded to the Village of Dublin, Ohio, every three months together
with a verified report of the amount so collected.
Section 8 The City of Columbus shall charge, and the consumers within the
Village of Dublin shall pay for water supplied and other services at the applicable
r rates, fees and charges in effect for consumers outside the corporate limits of the
City of Columbus as established by the Columbus City Codes, 1959, and ordinances of
~ fue Council of the City of Columbus as the same are presently in force or as may be
amended, enacted or reenacted in the future for such water supplied or services
rendered. In no event ~hall the water rates to be charged within the Village of
Dublin, exclusive of any surcharge levied by fue Village of Dublin, exceed the prevailing
rate or rates of charges for water consumers outside the corporate limits of the City
of Columbus as the same are provided by ordinances of the City of Columbus and in no
r event shall the water rates to be charged within the Village of Dublin, during the
, term of this Contract, exceed by more than thirty (30) percent, the rates charged
f(
\... consumers within the corporate limits of the City of Columbus exclusive of any surcharge
levied by the Village of Dublin. In the event that the City of Columbus subsequent to
" the date of the Agreement shall agree to furnish like services to any other political
- subdivision at a lower rate of charges than established in this Contract, said lower
II'!
~
wJ rate of charges shall automatically become the rate of charge for furnishing water to
the Village of Dublin and the inhabitants thereof for such length of time as they shall
prevail in said other political subdivision contract or during the remainder of the term
of this Contract, whichever date is earlier in time.
4.
r:
. ,
.
Section 9. The Village of Dublin agrees to comply with all terms and
conditions of this Contract, with all applicable rules and regulations of the
Director of Public Service of the City of Columbus and all applicable ordinances
of the City of Columbus or as the same may be amended, enacted, reenacted, estab-
lished or reestablished in the future. The City of Columbus reserves the right to
discontinue service to any consumer for a breach of the terms of this Contract,
r" for non-payment of bills, or violation of applicable ordinances of the City of
. Columbus and Rules and Regulations of the Director of Public Service of the City
L
of Columbus, or as the same may be amended, enacted, reenacted, established or
reestablished in the future. Any of the above shall be sufficient reason for the
City of Columbus to discontinue water service to any consumer of the Village of
Dublin, Ohio, without resorting to any legal proceedings in law or equity.
Section 10 The water supply aforesaid shall be for the domestic, commercial
and limited industrial usage for the Village of Dublin and its inhabitants. Limited
industrial usage is defined as an average daily consumption no greater than one
million gallons per day per consumer. Larger consumption may be permitted if, in the
opinion of the Director of Public Service of the City of Columbus, such usage will
not impair the planned development of the Columbus Service Area.
" Section 11. The City of Columbus shall have the rightto connect its water
r
lines to any water lines owned or installed by the Village of Dublin for the purpose
'-' of supplying water to other consumers; provided, however that the Village of Dublin
may refuse such right when such water line is of insufficient capacity to serve the
proposed service area. -Such connections shall be made by the City of Columbus at
its cost and expense.
Section 12. During the term of this Contract, the Village of Dublin grants to
the City of Columbus the right to enter into the corporate limits of the Village of
.
Dublin and its streets, highways and alleys, or other public easements for the purpose
~ of this Contract and for the further purpose of laying any large feeder mains which may
,
I
\... be deemed necessary by the Director of Public Service of the City of Columbus on the
basis of sound engineering principles to build up an adequate feeder main distribution
system in the entire area to be serviced by the City of Columbus, including but not ..
r being limited to corporate areas of the Village of Dublin. The plans and specifications
( for the laying and extension of such large feeder mains shall be submitted to the Village
'W
of Dublin for approval from an engineering standpoint. Such approval from an engineer-
ing standpoint or rejection fully supported by engineering reasons, therefore, shall be
made by the Village of Dublin within thirty (30) days after submission of said plans and
spec Hic ations. Failure of the Village of Dublin to submit in writing rejections o~
5.
r'
#' .
any parts of the plans and specifications or in their entirety shall constitute
approval of the Village of Dublin and acquisescence in such plans and specifi-
cations and the City of Columbus is hereby given the right to proceed with the
construction. The City of Columbus pledges itself to make such large feeder main
installations at its own expense and to restore all streets, highways or alleys to
the extent practical to the same condition in which they were found prior to such in-
r" stallation. The right to preserve, maintain, operate and repair any facility so
.
, constructed shall continue after the expiration of this Contract and the ownership
'--
remain in the City of Columbus.
During the period of this Contract, the Village of Dublin shall have the right
to connect any main or mains of its distribution~stem to any such feeder mains as
aforesaid. Such connections shall be made by the City of Columbus and paid for by
the Village of Dublin under the same terms as provided in Section 2 of this Contract.
Within a reasonable time after the execution of this Contract, the Vi llage of
Dublin shall furnish to the City of Columbus copies of its location maps showing its
total water distribution system and furnish additional updated copies of maps, if
.
and when changes or additions are made to the water distribution system. Also, the
Village of Dublin will submit a copy of a set of plans as built for all water facilities
r installed, to the Divsion of Water of the City of Columbus for record purposes.
The City of Columbus shall furnish the Village of Dublin copies as built water
~
distribution drawings and any subsequent changes thereto of all water facilities, within
or adjacent to the area shown as "Area All on the attached plat constructed by the City
of Columbus.
Section 13, Failure on the part of either party to this agreement to faithfully
discharge its obligations and responsibilities hereunder, either in whole or in part,
shall vest in the other party to the agreement the right to terminate same, effective
r, ninety (90) days after written notice of such failure and the intent to terminate is
,
I: filed by such party with the offending party, provided that the offending party shall
'--' have the right to correct the said failure to faithfully discharge its obligations and
responsibilities and upon demonstration thereof, such notice of cancellation shall
r not be effective and this agreement shall remain in full force and effect without
prejudice to the right of the City of Columbus to collect amounts due and owing to
(
~ the City arising under the terms of this Contract prior to termination.
Section 14. It is further agreed that the City of Columbus shall have the
right to temporarily shut off the water supply offue Village of Dublin or any part
thereof whenever alterations, additions or maintenance operations make it necessary.
6.
r:
.. ._.~,
, .
.
. The City of Columbus, Division of Water, shall give the Village of Dublin reasonable
notice and probable duration of such shut offs, except that in case of a serious
break or accident, water service will be discontinued without notice. Under no
circumstances will the City of Columbus be held liable or responsible for any damage
that may result in the Village of Dublin or its inhabitants thereof due to any
necessary discontinuance of water service.
r" Section 15. The City of Columbus further agrees, subject to proper legal
.
L procedures, to begin extension of the water main to the Village of Dublin and so
proceed that said water main shall be ready for connection by, and the supply of
water to, the Village of Dublin within two (2) years.
IN WITNESS WHEREOF, the City of Columbus by its Director of Public Service,
and the Village of Dublin, by its Mayor, Clerk-Treasurer, Village Administrator,
have hereunto set their signatures on the day and year first above written.
THE CITY OF COLUMBUS, OHIO
By
APPROVED AS TO FORM: Director of Public Service
City Attorney, City of Columbus, Ohio
THE VILLAGE OF DUBLIN, OHIO
( City Solicitor, Village of Dublin, Ohio By
Mayor
By
Clerk-Treasurer
Witness
By
Village Administrator
Witness
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