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HomeMy WebLinkAbout03-08 ResolutionRECORD OF RESOLUTIONS ~ __- 1 Dayton Legal Blank, Inc.. Form No. 30045 03-08 I Resolution No. Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUPPLEMENT TO THE WATER SERVICE AGREEMENT WITH THE CITY OF COLUMBUS FOR THE PURPOSE OF PROVIDING PUBLIC WATER TO THE GLACIER RIDGE METRO PARK I WHEREAS, the City of Dublin and the City of Columbus entered into a contract for i water service on A ril 13 1993 ursuant to rdin n 1 n O ace 35 92 assed b Council o p ,P p Y Januar 4 1992 • and Y I WHEREAS, the City of Dublin has a Memorandum of Understanding with the City of Columbus and Franklin County Metropolitan Park District pursuant to Ordinance 141-97 passed by Council on December 1, 1997 and has participated in the development of the Glacier Ridge Metro Park; and WHEREAS, Franklin County Metropolitan Park District has requested the provision of public water; and WHEREAS, the Dublin Community Plan encourages cooperating with surrounding jurisdictions to coordinate development and to provide open space connectivity across municipal boundaries for the benefit of all; and 1 WHEREAS, the City of Dublin and City of Columbus agree that provision of public water to the Glacier Ridge Metro Park is appropriate and will not require annexation ' of the parkland; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter into a supplement to the Water Service Agreement with the City of Columbus for the purpose of providing public water to the Glacier Ridge Metro Park. Section 2. This resolution is effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this~~day of Q ~ r 2008. Mayor -Presiding Officer Attest: 1 Clerk of Council CITY OF DUBLIN_ Ofhce of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1006 Phone: 614-410-4400 • Fax: 614-410-4490 Memo TO: Members of City Council FROM: Jane S. Brautigam, City Manager DATE: December 21, 2007 INITIATED BY: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Barbara A. Cax, PE, Engineering IVlanager -Development RE: Resolution 43-48, Authorizing the City Manager to Enter into a Supplement to the «'ater Service Agreement with the City of Colwnbus Siumnarv Engineering received a verbal request from the Columbus and Franklin County Metropolitan Park District (Metro Parks) to provide public water service to the Glacier Ridge Metro Park (Glacier Ridge). Physically, this service can be provided. An 8-inch waterline extension under Hyland-Croy Road was included with the Hyland-Croy Road/Glacier Ridge Boulevard roundabout project. However, under our current water sen~ice agreement with the City of Columbus, this service cannot be provided by Dublin unless the property to be served is annexed into our corporation limits. Glacier Ridge is located within the Negotiated Expansion Area defined in the water service agreement. This means that the land caiuiot be annexed into Dublin unless Columbus agrees to the annexation. Annexation of Metro Park property is not permitted under our Memorandum of Understanding «Tith the I~~Ietro Parks for the development of Glacier Ridge. Therefore, staff pursued the possibility of providing this service without requiring annexation with the City of Columbus. The Columbus Division of Power and ~?Vater reviewed this request and determined that 1) the City of Columbus would need a separate agreement with the Metro Park for this service, and 2) a supplement would be need to Dublin's Water Service Agreement in regards to this service. Columbus supplied staff with drafts of these documents. Engineering and Legal staff reviewed the documents and provided comments to Columbus. Columbus has revised the documents and incorporated revisions that addressed our comments. Again, Engineering and Legal have reviewed the revised documents and concur that they are appropriate. Columbus City Council has reviewed the proposed supplement to the water service agreement. On November 12, 2007, they approved Ordinance 1752-2007 to allow the Director of Public Service to enter into the supplement. Additionally, Glacier Ridge is located within a sewer and water district defined by Union County. Staff requested the concurrence of the Union County Commissioners to allow Dublin to serve Glacier Ridge with water. Union County does not have infrastructure in the area to provide this service, nor does the City of Marysville. The Union County Commissioners voted Memo to City Council re Res. 03-08, tt~ater Sen~ice Agreement Supplement December 21, 2007 Page 2 of 2 unanimously on November 13, 2007 to approve this request. Copies of all the correspondence referenced above are attached for your review. Also, staff has been notified by the Metro Park that they wish to commence installation of water into Glacier Ridge in the first quarter of 2008. Recommendation Staff recommends approval of Resolution 03-08, authorizing the City Manager to enter into a supplement to the water ser~7ice agreement with the City of Columbus. SUPPLEMENT TO THE TERMS AND CONDITIONS OF CONTRACT FOR WATER SERVICE BETWEEN THE CI'T'Y OF COLUMBUS AND THE CITY OF DUBLIN This Contract made pursuant to Resolution adopted by the City of Dublin, Uhio, authorizing its City Manager to enter into this Contract and pursuant to Ordinance passed and approved by the City of Columbus, Ohio, authorizing its Director of Public Utilities to enter into this Contract is hereby made and entered into between the City of Columbus, a municipal corporation, and the City of Dublin, a municipal corporation, this day of , 2007. Whereas, the parties hereto on April 13, 1993 did enter into a contract for water service pursuant to Ordinance 135-92 passed and approved by the City of Dublin and pursuant to Ordinance 2693-92 passed and approved by the Council of the City of Columbus; and Whereas, the water service contract establishes a negotiated expansion area within the defined service area and requires that property within the negotiated expansion area annex to either Dublin or Columbus in order to receive water service; and Whereas, the Glacier Ridge Metro Park is located within the negotiated expansion area; and Whereas, the parties to the water service contract have agreed to allow the Glacier Ridge Metro Park to connect to Dublin's water distribution system and to receive water service under a separate agreement between the City of Columbus and the Columbus and Franklin County Metropolitan Park District, without requiring the Glacier Ridge Metro Park to annex to either Dublin or Columbus. Whereas, the parties to the water service contract desire to supplement the terms of the water service contract to reflect the agreement to al(nw such service to the Glacier Ridge Metro Park. Now Therefore, the following terms and conditions which are contained herein shall be, and the same are hereby acknowledged by the parties to be part of the terms and conditions of the contract between the parties to the fullest extent of all other terms and conditions thereof and collectively shall be referred to herein as the "Contract." WITNF,SSETH: I) Nothing in this Contract shall be deemed to supersede, modify, alter, amend, change or replace any terms or conditions contained in the water service contract unless specifically set forth in this Contract. 2) Section 4.1 (b) of the water service contract is hereby supplemented by the addition of the following: The parties agree that water service will be permitted to the Glacier Ridge Metro Park pursuant to a separate agreement between Columbus and the Columbus and Franklin County Metropolitan Park llistrict. Notwithstanding the fact that the Glacier Ridge Metro Park is within the Negotiated F.,xpansion Area, the Glacier Ridge Metro Park will not be required to annex to either Columbus or Dublin in order to receive water service. All properties located within the Negotiated Expansion Area, other than the Glacier Ridge Metro Park, remain subject to the annexation requirements of this section. Any other exceptions to the annexation requirements of this section shall be permitted only upon modification to this Contract. THE CI"TY OF COLUMBUS By: Director of Public tltilitics Date: "fIIF, CITY OF DUBLIN BY~ _~ City Manager of Dublin, Ohio Date: APPROVF,D AS TO FORM: City Attorney City of Columbus Law Director City of Dublin July 19, 2007 ' ' Ms. Tatyana Arsh, P.E., Director CITY OF P,LI`._ DL Department of Public Utilities Division of Engineering City of Columbus Utilities Complex 5800 Shier-Rings Road Dublin, Ohio 43016-1295 910 Dublin Road Columbus, OH 43215 Phone: 614-410-4600 Fox: 614161-6506 Web Site: ww~y.dublin.oh.us ~: Glacier Ridge Metro Park Water Service Request Dear 1V1s. Arsh: The City of Dublin has been asked to consider providing public water service to the Glacier Ridge Metro Park. Our Water Service Contract (Section 4.1(a)) with the City of Columbus states that we cannot provide water service to land that is not annexed into our corporate limits. Also, this Metro Park falls within the Negotiated Expansion Area defined in the Water Service Contract. A connection point was constructed with the recent roadway improvements at the entrance to the Glacier Ridge Metro Park. The City of Dublin would be willing to allow the Metro Park to tap into the public water line provided that the City of Columbus also approves this connection. The City of Dublin will collect our typical fees based on the attached chart for this permit. Also, the Metro Park should obtain aright-of--way permit for any work with the right- of-way of Hyland-Croy Road for the Union County Engineer. Hyland-Croy Road is within the County's jurisdiction. Please ]et us know at your earliest convenience if the City of Columbus is acceptable to providing water service to Glacier Midge Metro Park. If you need any additional information from the City of Dublin, please contact me at (614) 410-4617. incerely, o-~~~. r Paul A. Hammersmith, P.E. Director of Engineering/City Engineer Attachment Cc w/attachment: Greg Moore, City of Columbus, Division of Power and Water Boyce Safford III, City of Columbus, Department of Development Michael Stevens, City of Columbus, Department of Development Steve Studenmund, Metro Parks Steve Stolte, P.E., P.S., Union County Engineer -- City of Dublin Division of Building Standards .5800 Shier Rings Rond Dublin, Ohio 43016 Phone: (614) 410-4670 . Fax: (614) 761-6566 . Inspection Line: (614) 410-4680 Schedule A 2007 Water Capacity Charges Collected by the City of Dublin Water Tap Size Domestic Water Fire Protection Only Water .75 " $ 1,600.00 $ 320.00 1.0 " $ 2,940.00 $ 588.00 1.5 " $ 7,016.00 $ 1,403.20 2.0 " $ 12,485.00 $ 2,497.00 3.0 " $ 26,732.00 $ 5,346.40 4.0 " $ 42,656.00 $ 8,531.20 6.0 " $ 94,908.00 $ 18,981.60 8.0 " $ 172,304.00 $ 34,460.80 10.0 " $ 261,607.00 $ 52,321.40 12.0 " $ 366,234.00 $ 73,246.80 16.0 " $ 408,300.00 $ 81,660.00 * Fees do not include the water capacity fees charged by the City of Columbus. * Contact the City of Columbus Division of Water (614) 645-7330 for City of Columbus water fees. 2007 Sewer Capacity Charges Collected by the City of Dublin Tnp Size (based on water to size) Dublin Sewer Cn ci Dublin Inspection Fee Columbus Sewer Cn nci Totn) Due to Ci of Dublin .75 " $ 2,000.00 $ 120.00 $ 3,044.00 $ 5,164.00 1.0 " $ 3,413.00 $ 120.00 $ 5,074.00 $8,607.00 1.5 " $ 8,747.00 $ 120.00 $ 10,147.00 $19,014.00 2.0 " $ 15,147.00 $ 120.00 $ 16,236.00 $31,503.00 3.0 " $ 31,573.00 $ 120.00 $ 32,472.00 $64,165.00 4.0 " $ 49,280.00 $ 120.00 $ 50,737.00 $100,137.00 6.0 " $ 112,000.00 $ 120.00 $ 101,475.00 $213,595.00 8.0 " $ 197,120.00 $ 120.00 $ 162,360.00 $359,600.00 10.0 " $ 307,200.00 $ 120.00 $ 233,342.00 $540,662.00 12.0 " $ 442,453.00 $ 120.00 $ 436,342.00 $878,915.00 16.0 " $ 493,013.00 $ 120.00 $ 484,194.00 $977,327.00 ~****~r * ~ ~~•• a,, * City Of Columbus * * Mayor Michael B. Coleman ~'" 1 I "E~ July 30, 2007 Department of Public Utilities Tatyana Arsh, P.E. Director Mr. Paul A. Hammersmith, P.E. Director of Engineering/City Engineer City of Dublin, Uhio X800 Shier-Rims Road Dublin, Ohio 4301 f -7295 ~C: ti~sll:l~i' ~~lU~r id~Yi:y'u i'difli ~'Vafer Scn~ice Rec11-ect [)ear Mr. I lalzlrnersmith: CITY OF DUBLIN AU G 1 3 ~,t~"T DIVISIOf~ OF FRIGINEF_R _ -' ~s ~ ~ t -~-s ~'' ~~~ ~~ We are in receipt of your letter agreeir.<~ to provide vrat:-~r service to the Cllacier Ride Metro P::rl: through your main in H}'land <_'ro}' Ro~~~i It„«;;c the conditions specified. Because the >:1arl: is not annexing to Culut,~,us .a• ~h~ -'t~~ a7i'1~?!~'~iit', ~~~~ vrill aced tip negotiate a i:(~i?tr%1Gt SpeCllleall`r' Illr t}~~; ~?~t'IC ~7i'!•'~'1f:!'t`! lj:it' r::t?i l'tC'.'.' ~i!Ic?'~s. Ll~ t<) do 11115 b:Cal1:iC i~'lc"tru ~dt'IiS l5 a ~uv~rn,n~~ntai ".1~Cll.'.}' ~~1.~tt"t~:'.'t:i~ I)}' til<: :,!<<i,,: o:'' }l:iu. Our City Attorney also thought it hntdent ro mothly ;:ar con~ra:~t ~;~itl1 the City of Dublin solely tc address this variance to the contract. A draii of the calttra:t ~o.r Metro Parks has been prepared and is currently bcirlg r::~~icwed. F draft ofthc rl:uuiTic~~tiun to Dublin's contract is also being prepared and ~.~~ill ~r Cor~~.~ardeci for Dubfir`s ,~,ppro-.~al. Sincerely, ~~° /~ I'J1~11afU ~.. ~~'YC~lCillClll, r.L"., !'I1.1J. AC11I11I11 StTatOr Division of Power & Water Pc: Tatyana Arsh, P.E., Director Ann Aubry, P.1. Danella Pettensl.i, Y.E. Doug Wilson, DOW Sales File/Glacier Ride CC~ ~r~.c~ Cox Utilities Complex Director's Office Power and Water Division Operational Support Division 91 U Dublin _Ro__a_d Columbus. Ohio 43215 614'645-6141 FAX: 614/645-8019 TDD: 614/645-6454 614/645-7020 FAX: 614/645-8177 TDD: 614/645-7188 614/645-1508 E~~Cwood_Complex 1250 Fairwood Avenue _ _ Cot~mpus, Ohi~c_~206 Sewerage and Drainage Division 614/645-7175 FAX: 614/645-3801 TDD: 614!645-6338 The Cify of Columbus is an Equal Opportunity Employer August 7, 2007 ~ Union County Commissioners c/o Rebecca Roush, Clerk 233 West 6`h Street CITY' t)F DUBLIN.. Marysville, Ohio 43040 Division of Engineering 5800 Shier-Rings Road R>1J: Glacier Ridge Metro Park Dublin, Ohio 43016-1295 Water SerVICe Re(~UCSt Phone:bl4-410.4600 Foz: 614-761-6506 Dear Commissioners: Web Situ www.dublin.oh.us The City of Dublin has been asked by The Columbus and Franklin County Metropolitan Park District (Metro Parks) to consider providing public water service to the Glacier Ridge Metro Park without the requirement to annex into the Dublin corporate limits. This is consistent with Section 5 of the July 17, 2000, Memorandum of Understanding between the Metro Parks, the City of Dublin, Union County and Jerome Township. A public water line with a connection point was constructed with the recent improvements to Hyland-Croy Road at the entrance to the Glacier Ridge Metro Park. The City of Dublin would be willing to allow the Metro Park to tap into this water line provided that the City of Columbus also approves this connection. We understand the Glacier Ridge Metro Park property is within the boundaries of a Water and Sewer District defined by Union County. The provision of water service by the City of Dublin to this property would relieve Union County of the future responsibility of providing water service to the property. Therefore, the City of Dublin hereby requests the concurrence of the Union County Commissions to grant the Metro Yark's water service request. Additionally, Hyland-Croy Road is within the jurisdiction of Union County. The Metro Park has been informed of the need to obtain aright-of--way permit for any work within the right-of-~vay of Hyland-Croy Road from the Union County Engineer. We will forward any correspondence received from the City of Columbus regarding this proposal as well. If you need any additional information from the City of Dublin, please contact me at (614) 410-4617. spectfully, r Paul A. Hammersmith, P.E. Director of Engineering/City Engineer Ce Steve Stolte, P.E., P.S., Union County Engineer Greg Moore, City of Columbus, Division of Power and Water Boyce Safford III, City of Columbus, Department of Development Michael Stevens, City of Columbus, Department of Development Steve Studenmund, Metro Parks *****~ * ~ ~~m^~ w,, ~ * City Of Columbus * * Mayor Michael B. Coleman ~~~ Il i ~ l l ~~~~ ~~~~~~~~ October 11, 2007 Mr. Paul A. Hammersmith, P.E. Director of Engineering/City Engineer City of Dublin, Ohio 5800 Shier-Rings Road Dublin, Uhio 43016-7295 Re: Glacier Ridge Metro Park -Water Service Request Dear Mr. Hammersmith: RECEIVEp OCT 2 0 2007 DIVISION OF ENGIfJEE^' CITY OF DUBI l~ur~~ We are in receipt of your letter agreeing to provide water service to the Glacier Ridge Metro Park through your main in Hyland-Croy Road under the conditions specified. Because the park is not annexing to Columbus or the City of Dublin, we will need to negotiate a contract specifically for the park property. Our charter allows us to do this because Metro Parks is a governmental agency chartered by the State of Ohio. Our City Attorney also thought it prudent to modify our contract with the City of Dublin solely to address this variance to the contract. A draft of the contract for Metro Parks has been prepared and is enclosed for your review. A draft of the modification to Dublin's contract is also enclosed for your approval. Please notify us if the agreement looks appropriate so that we can route it through the City for signatures. Sincerely, h C` ~~ ~ ~a~ ~~ ~ ~, ~~ ~~ Richard C. Westerfield, .E., Ph.D. Administrator Division of Power & Water pc: Tatyana Arsh, P.E., Director Steve Snedaker, Assistant Director-DPU Craig Charleston, Assistant Administrator-DOPW Ann Aubry, P.E., Private Development Manager-DOSD Danella Pettenski, P.E., Eng./Design Manager-DOPW Greg Moore, Operations Engineer-DOPW Doug Wilson, Water Permit Office-DOPW Sarah 1-larrell, Assistant City Attorney, City Attorney's Office Steve Studenmund, Metro Parks Utilities C:omplelz /GlaC1eT Rldge g10_Dublin Road. ColumbuS~ Ohio 43215 Director's Office 614/645-6141 FAX: 614/645-8019 TDD: 614/645-6454 Power and V'Jater Division 614/645-7020 FAX: 614/645-8177 TDD: 614/645-7188 Operational Support Division 614/645-1508 Fairwood Complex __ 1.250 Fairwood Avenue __ Columbus, Qhio 43206 Sewerage and Drainage Division 614/645-7775 FAX: 614/645.3801 TDD: 614/645-6338 Department of Public Utilities Tatyana Arsh, P.E. Director The City of Columbus is an Equat Opportunity Emp~oyer DpQ~ SUPPLEMENT TO THE TLRMS AND CONDITIONS OF CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF COLUMBUS AND THE CITY OF DUBLIN This Contract made pursuant to Ordinance adopted by the City of Dublin, Ohio, authorizing its City Manager to enter into this Contract and pursuant to Ordinance passed and approved by the City of Columbus, Ohio, authorizing its Director of Public Utilities to enter into this Contract is hereby made and entered into between the City of Columbus, a municipal corporation, and the City of Dublin, a municipal corporation, this day of , 2007. Whereas, the parties hereto on April 13, 1993 did enter into a contract for water service pursuant to Ordinance 135-92 passed and approved by the City of Dublin and pursuant to Ordinance 2693-92 passed and approved by the Council of the City of Columbus; and Whereas, the water service contract establishes a negotiated expansion area within the defined service area and requires that property within the negotiated expansion area annex to either Dublin or Columbus in order to receive water service; and Whereas, the Glacier Ridge Metro Park is located within the negotiated expansion area; and Whereas, the parties to the water service contract have agreed to allow the Glacier Ridge Metro Park to connect to Dublin's water distribution system and to receive water service under a separate agreement between the City of Columbus and the Columbus and Franklin County Metropolitan Park District, without requiring the Glacier Ridge Metro Park to annex to either Dublin or Columbus. Whereas, the parties to the water service contract desire to supplement the terms of the water service contract to reflect the agreement to allow such service to the Glacier Ridge Metro Park. Now Therefore, the following terms and conditions which are contained herein shall be, and the same are hereby acknowledged by the parties to be part of the terms and conditions of the contract between the parties to the fullest extent of all other terms and conditions thereof and collectively shall be referred to herein as the "Contract." WITNESSETH I) Nothing in this Contract shall be deemed to supersede, modify, alter, amend, change or replace any terms or conditions contained in the water service contract unless specifically set forth in this Contract. 2) Section 4.1 (b) of the water service contract is hereby supplemented by the addition of the following: The parties agree that water service will be permitted to the Glacier Ridge Metro Park pursuant to a separate agreement between Columbus and the Columbus and Franklin County Metropolitan Park District. Notwithstanding the fact that the Glacier Ridge Metro Park is within the Negotiated Expansion Area, the Glacier Ridge Metro Park will not be required to annex to either Columbus or Dublin in order to receive water service. All properties located within the Negotiated Expansion Area, other than the Glacier Ridge Metro Park, remain subject to the annexation requirements of this section. Any other exceptions to the annexation requirements of this section shall be permitted only upon modification to this Contract. THE CITY OF COLUMBUS By: Director of Public Utilities Date: THE CITY OF DUBLIN By: City Manager of Dublin, Uhio Date: APPROVED AS TO FORM: City Attorney City of Columbus Law Director City of Dublin DG1~U' CONTRACT BETWEEN THE CITY OF COLUMBUS AND COLUMBUS AND FRANKLIN COUNTY METROPOLITAN NARK DISTK.ICT WATER SERVICE AGREEMENT This Contract made pursuani to Resolution No. adopted by the Columbus and Franklin County Metropolitan Park District (Metro Parks), authorizing and directing its Executive Director to enter into this Contract and pursuant to Ordinance No. passed and approved by the City of Columbus, Ohio, authorizing and directing its Director of Public Utilities to enter into this Contract is hereby made and entered into by and between the said City of Columbus, Uhio, a municipal corporation and the Metro Parks, a regional park district organized under Section 1545 of the Ohio Revised Code this _ day of , 2007. WITNESSE"1'H Section 1. The City of Columbus shall, for the consideration hereinafter stated, furnish to the Metro Parks surplus water from the municipal water system of the said City of Columbus for the terns of years hereinafter described. The term of this agreement will commence on , 2007 and shall remain in full force and effect until midnight of , 2057. Unless written notice is given by either party to the other at least ten years prior to 2057, the agreement shall remain in effect for an additional, three year period. In the same manner, this agreement with any amendments hereof shal I remain in effect from three-year term to three-year term thereafter, subject to termination at the expiration of any such term upon written notice given by either party to the other at the expiration of the previous three-year term. Written notice of the intent to terminate this agreement must be given to the Director of Public Utilities for the City of Columbus or the Executive Director of the Metro Parks. Section 2. Such water supply aforementioned shall be the sole supply and be furnished from the water distribution system of the City of Columbus to said Metro Parks through the water distribution system of the Glacier Ridge Metro Park as the same is developed and extended during the life of this Contract. The City of Columbus reserves to itself the right to make any actual connection to its water lines and/or chlorinate all water lines connected directly or indirectly to its water line and, in such event, the Metro Parks shall pay the actual cost of labor and materials plus twenty-five percent with respect to lines designated solely to service the Glacier Ridge Metro Park, its employees and visitors. Notwithstanding the foregoing limitation and the exclusive right of Columbus to chlorinate all water lines connected directly or indirectly to its water lines, the Metro Parks may, at its option, make such connections providing the labor and materials therefore. Section 3. 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, legislative or administrative bodies of the City of Columbus is deemed necessary and shall be in the exclusive control of the City of Columbus and to each of these bodies within their specific authority. The City of Columbus is not subject to any requirements of the Metro Parks, whether through said Metro Park's executive, legislative or administrative bodies, to add or delete chemicals to the water supply. Section 4. The water supply aforementioned shall be restricted for usage within the boundary limits of the Glacier Ridge Metro Parkas identified on Exhibit A, solely for the purpose of maintaining and operating a metropolitan park. Prior to obtaining a Tapping Permit from the City of Columbus, Division of Power & Water, Metro Parks shall obtain a Tapping Permit from the City of Dublin, Ohio showing permission from the City of Dublin, Ohio to connect to their main(s). Section 5. Any extensions of the distribution system of the Metro Parks are to be made by the Metro Parks at its own expense. All such extensions shall be made in accordance with plans and specifications approved by the Director of Public Utilities of the City of Columbus, and materials used shall be as per current specifications for water mains, valves and appurtenances approved for use at the time by the Division of Power & Water of the City of Columbus, Ohio. Section 6. The City of Columbus shall charge, and the Metro Parks 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 presently in force or as may be amended, enacted or re-enacted in the future for such water supplied or services rendered. In no event shall the water rates to be charged by Columbus to the Metro Parks exceed by more than thirty (30) percent, the rates charged consumers within the corporate limits of the City of Columbus. Section 7. The Metro Parks agrees to comply with all terms and conditions of this Contract, with all applicable rules and regulations of the Director of Public Utilities of the City of Columbus and all applicable ordinances of the City of Columbus or as the same maybe amended, enacted, re-enacted, established or re-established in the future. The City of Columbus reserves the right to discontinue service to the Metro Parks for a breach of the terms of this contract, for nonpayment of bills or violation of applicable ordinances for the City of Columbus and Rules and Regulations of the Director of Public Utilities of the City of Columbus, or as the same may be amended, enacted, re-enacted, established or re-established in the future. Any ofthe above shall be sufficient reason for the City of Columbus to discontinue water service to the Metro Parks without resorting to any legal proceedings in law or equity. Section 8. The parties agree that if any portion of this Agreement proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other portion of this Agreement unless it clearly appears that such ether portion is wholly or necessarily dependent for its operation upon the portion so held invalid or unconstitutional. Section 9. 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 ninety (90) days after written notice of such failure and the intent to terminate is delivered to the offending party, provided that the offending party shall have the right to cure or correct such failure to faithfully discharge its obligations and responsibilities and upon demonstration thereof, such notice of termination shall not be effective and this agreement shall remain in full force and effect without prejudice to Columbus' right to collect amounts due and owing to Columbus arising under the terms of this Contract prior to notice of termination. Section 10. Ii is further agreed that the City of Columbus shall have the right to temporarily shut off the water supply of the Metro Parks whenever alterations, additions, or maintenance operations make it necessary. The City of Columbus, Division of Water, shall give the Metro Parks responsible notice and probable duration of such shut offs, except in the case of serious break or accident, wherein water service will be discontinued immediately and notice will follow as soon as possible. Cinder no circumstances will the City of Columbus be held liable or responsible for any damage that may result in the Metro Parks due to any necessary discontinuance of water service. THE CITY OF COLUMBUS, OHIO By Director of Public Utilities COLUMBUS AND FRANKLIN COUNTY METROPOLITAN PARK DISTRICT Rxecutive Director APPROVED AS TO FORM: City Attorney City of Columbus ~~~~ ~~ November 7, 2007 crr~ or nueii~.. Mr. Richard C. Westerfield, P.F,., Ph.D. Administrator, Division of Power & Water Engineering Crt of Columbus SS00 Shier Rings Road y Dublin. Ohio 13016 910 Dublin Road Phone:6l•1-410-4600 Columbus, Ohio 43215 Fa~:614.761-6506 Web site- W~v.dublin.oh.us RE: Glacier Ridge Metro Park -Water Service Request Dear Rick. Thank you for the opportunity to review and provide input on the supplement to our Water Service Agreement and the Contract between Columbus and the park district to provide public water to the Glacier Ridge Metro Park. Dublin Engineering and Legal staff have reviewed both documents. Regarding the supplement to our Water Service Agreement, please revise our legislative action to a Resolution in the opening sentence. We have several comments/requests on the Contract between Columbus and the park district. 1~he following details our comments: 1. In Section 2, please revise the second line to "water distribution system of the City of Columbus and the City of Dublin to said...." 2. In Section 5, please add the Dublin also needs to review and approve any extensions. 3. In Section 7, please add that the codes of Dublin must also be followed. 4. Please add a new section (or to the appropriate section) that the Metro Park is responsible for the initial construction expense and any maintenance expenses. This is basically their private service even though it is on "public'' property. We will be able to place these agreements, with the above changes made, on our Council's agenda fairly quickly. Please forward revise documents at your earliest convenience for us to use in the Council packets. If you have any questions, please contact me or B Sincerely, Barbara A. Cox, P.E. Engineering Manager Cc: Jennifer Readlcr, Schottenstein, Zox & Du ~r~Z~ ~~ sz-2 ~ ~ l~~ -~~~ - - - - --- C ~ ~ - - - - - --- - Columbus City Council Journal November O5, 2007 % Enlargeme 'Voted 1991 Bond und, and to authoriz~an amendment to the 2007 apital Improveme s Budget. ($150,000 0) /~ Rea/d.for the First Time 1681.007 FR T.dauthorize the Dir or of the Departmen f Public Utilities to ex ute ' ;'those documents cessary to enter into n agreement to conv title a ~~ Pole Barn to th elaware County Bo d of Commissioners; d to waive the provisio of Chapter 329 of th olumbus City Codes 959, pertaining to the sal of City-owned prope Read r the First Time 1752-2007 FR To authorize the Director of Public Utilities to enter into a modification of the Water Service Contract with the City of Dublin, Ohio to authorize provision of water service to the Glacier Ridge Metro Park through the Hyland-Croy Road water main. Read for the First Time PUBLIC SERVICE & TRANSPORTATION: O'SHAUGHNESSY, CHR. TAVARES CFj?a41G MENTEL 499-2007 FR T authorize the Public rvice Director to ente nto an agreement for the %firansportation Divisio with the Mid-Ohio Re tonal Planning Commission to undertake the S.R. (Westerville Road) T ffic Study for the Trarsportation ' Division; and to thorize the expendit a of up to $25,000.OO~om the Streets and ~ hway Improvement F nd for the Transporta n Division. /' ($25,000.0 Read f the First Time 'FF21-2007 FR To uthorize the Director the Public Service D artment to execute ose currents required to lease approximately a (1) foot off the so ern side of a twelve (12 oot wide platted ease ent across Lots 197 rough 210 of the subdiv' ion titled Lakes of Wo ington, Section 4, shown on the plat of rec din Plat Book 108, P es 89-90 of the Fra in County, Ohio, Reco er's Office. Read fqr the First Time 169-2007 FR To~(ithorize the Director o e Public Service D artment to execute th e c-dcuments required to tr sfer the first alley st of St. Clair Avenue om .%McClelland Avenue t e alley north there , to Eliezer Church of rist for /~ $3,792.41; and to ive the competitive Idding provisions of C mbus City Codes. j Read forth first Time 1720-~t107 FR To auth ze the Public Servic Director to enter into agreement with the / Direc r of the Ohio Depa ent of Transportation d to grant consent a ' pr ose cooperation wit the State of Ohio fort ~s US 23 Urban Pavin roject on US-23 fro the Columbus corpor on line south of Obe oad to SR-104 for the ansportation Division. ~$0) Read for the F' t Time CONS T ACTIONS RES LOTIONS OF EXP ESSION City of Columbus 8 of 33 Printed on 11/J/2Q07 Columbus City Bulletin (Publish Date 11/10/07) 12 of 429 Columbus City Gouncil Meeting Minutes 1(Generic) November 12, 2007 Blanket Purchase Orders, for w~ r meter and appt Univers~ erm Contracts, w~~Badger Meters Inc., Company LLC, for the Divj lon of Power and Water expenditure of $77,000,00 from Water Svstems,C)p CA / To amend the 20 Capital Imp to transfer an expend funds wi / and Electr~y Distribution Impr Auditor allow the Division of /~ reimburse the operating fund equipment costs incurred ~ the prices, from established Hersey Meters to authorize the ~q Fund. ($77;000.001 rovemen Budget; to authorize~tfie City Auditor thin th oted 1995 and 199~9'Street Lighting ove ents Fund; and to autt'iorize the City P wer and Water (Pow capital bond fund to - the amount of $113 98.41 for labor and installation of va ~ us street lighting projects. CA ;' To authorize the irector of Public Utili ' s to enter into a planned modification ~% of the Gener ngineering Service ontract with R.D. Zande & Associates, i~ Inc., for th ivision of Power an ater, to authorize thetransfer and expend~tGre of $150,000.00 w' in the Water Works Enlargement Voted 1991 Bon s Fund, and to authori an amendment to th~2007 Capital rovements Budget. 150,000.00) CA To authorize the ~ ector of the Department of Public Utilities to execute those documents ne ssary to enter into an agreement to convey title ~f'ole Barn to the Delawar County Board of Commissioners; and to waive the provisions of Chapter 9 of the Columbus City Codes, 1959, pertaining,td the sale of City-o ned property. .~o authoriz Orders with North High to amend th e the Finance and Management various vendors for electrical di Street.Gircuit Project; for the Di e 2007 Capital Improvement of $82,367.37 from the V d Improvements Fund, a to de Direc~of to establish Purchase stri~,bt'ition materials needed fors von of Power and Water~Po~n udget; to authorize the nsfer Street Lighting and EI tricity and Clare an emergent.. ($82,367.37) CA/ Tq.~authorize the Director of blic Utilities to increase rchase order with apital Recovery System nc. for collection servic for the Department of Public Utilities, to auth ize the expenditure of $1 ,400.00 from the Sewer ge System Operating F nd, $14,400.00 form the ater Operating Fund, % $10,400.00 form a Stormwater Operatin und, $800.00 form the ectricity ' Operating Fund and to declare an emerg ncy. ($40,000.00) CA ~ To authorize the Director of Public Utilities to enter into a modification of the Water Service Contract with the City of Dublin, Ohio to authorize provision of water service to the Glacier Ridge Metro Park through the Hyland-Croy Road water main. DEVEL MENT: O'SHAUGHN SY, CHR. TAVARES TYSON MENTEL CA To authorize a Development Direct to increase contract ith various contracto for grass mowing and ~ er control services d ing the 2007 season; to aut rize the expenditure of 5,000.00 from the Hera! Fund; and to City of Columbus page 7 Prtnted on 11/10/2007 Columbus City Bulletin (Publish Date 11/17!07) 11 of 160 Possibly no net impdct. Some increases, hoy/ever, in appropriations rptf}' occur, but only to the extent as described herein TitleTo aut rite the City Auditor to ansfer and increase, if n essary, appropriations thin any of the various funds of the City provide for payrolls, i rnal services, tax adjust ~nts, and other obligati s for periods prior to passage of the 2008 dget, and to authorize payment of payrolls a other obligations occur' g prior to the passage of the2008 ap opriation ordinances; a to declare an emergent . %• i 13ud} Whereas, the I pay period of fiscal ye 007 will end on Dece er 29, 2007 and will be pajd on January 3, 2008, and Whereas, ' nay be necessary tom various budget transfe and or encumbrance canoe dons within appropriated funds • to increase appropriati s, if necessary, to meet < id payroll, bills for intcrn< trvices, tax adjustments, and oth obligations occuring pri to the passage of the 2 8 appropriation ordinances and , Whereas, pay periods y end in 2008before t 008 annual appropriation dinanccs will be approved l}JCouncil so this ordinance is bei submitted as an emer ncy measure; and // i Whereas, an ergency exists in the al daily operation of the C~ in that it is immediately n essary to authorize the City Audi r to transfer and incrca , if necessary, appropriatio within any of the various fu s of the City to provide far payrol ,internal services, tax a ustments, and other obliga 'ons occuring prior to the pa age of the 2008 appropriation ord' antes thereby preservi the public health, peace, p ert}', safety and welfare; N ,Therefore i BE IT ORDA ~ D BY THE COUNCIL O HE CITY OF COLUMBU . Section .That the City Auditor is h by authorized to transfer ap opriations within any fund, ' necessary, and to cane encumbrances, if necessary o provide for City payrolls, paid internal services, tax a ' stments, and other o gations from any object lev one with available funds to a appropriate object level o Section 2. 'That the City uditor is hereby authorized • d directed to honor and pay • properly presented payro _, related items, tax adj tments, and other obligation occuring prior to passage of a annual appropriation ord' antes for fiscal year 2008. Section 3. fficient appropriations and . penditures necessary to pay ch costs referred to in Sec ~ ns 1 and 2 of this ordinan are hereby authorized. S lion 4. That for the reasons ted in the preamble hereto hich is incorporated herei _ this ordinance is declar to be an emergency measure and all take effect and be in fort rom and after its passage d approval by the May , or ten days after passage if the. ayor neither approves nor v oes the same. Legislation Number: 1752-200'7 Drafting Date: 10/23/2007 Current Status: Passed Version: 1 Matter Type: Urdinancc Explanation BA('KGROUND: This ordinance authorizes entering into a Water Service Contract modification with the City of Dublin. The modification authorizes provision of water service to the Glacier Ridge Metro Park through the Hyland-Croy Road water main. Title Columbus City Bulletin (Publish Date 11/17/07) 87 of 160 To authorize the Director of Public Utilities to enter into a modification of the Water Service Contract with the City of Dublin, Ohio to authorize provision of water service to the Glacier Ridge Metro Park through the I~yland-Croy Road water main. 13od~ WHEREAS the City of Columbus and the City of Dublin entered into a contract for water service on April 13, 1993, pursuant to Ordinance No. 2693-92 passed by the City of Columbus on December 14, 1992; and WHEREAS, the City of llublin desires to provide water service to the Glacier Ridge Metro Park through the Hyland-Croy Road water main: and WHEREAS, this contract modification is acceptable to the City of Columbus; and WHEREAS, in the usual daily operation of the Department of Public Utilities, it is necessary to authorize the Director of Public Utilities to enter into a Water Service Contract modification with the City of Dublin, Ohio for the preservation of public health, peace, property, safety, and welfare, Now, Therefore, BE I'I' ORllAINF,D BY THE COUNCIL OF'CHE CITE' OF COI,L?MBL~S: Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a modification of the Water Contract with the ('ity of Dublin ,Ohio to authorize provision of water service to the Glacier Ridge Metro Park through the 1lyland-Croy Road water main. Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. Legisl on Number: D fling Date: 10/ Version: I / DUND: 'this legisla ' n authorizes the ~f Constnlction agement with The of all of the m -doors and windows pi shall primarily consist f removing the existi man-doors and ~ windows. This wor will assist in reducin nergy costs, as well Formal bids we solicited on Septemb 5, 2007. `the followin, 2007, dcadli (0 MBE, 0 FBF,, 1 ): The or Company of Ohio, c. $163,960.00 * ~kwood Builders $174,500.00 *Asian Business Current St~ttis: Passed Matte vDe: Ordinance ;ement Dire ~ r to enter into contract n behalf of )hio, Inc m order to perform and omplete the Drive or the Refuse Collectio . ivision. The work w nd replacing them wit ew man-doors and p prevent water penetr• 'on and heating/cooling 1 companies submitte ids by the September 2 , Columbus City Bulletin (Publish Date 11/17/07) 88 of 160 UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040-1526 (937) 645-3012 FAX (937) 645-3002 TOM McCAR'I'Hti' GARl' LEE CHARLES HALL REBECCA RUUSH CAROL SCHEIDERER Clerk Asst. Clerk COMMISSIONERS JOURNAL 47 -PAGE 376 -NOVEMBER 13 2007 RESOLUTION NO. 608-07 RE: GLACIER RIDGE WATER_SERVICE REQUEST A motion was made by Gary Lee and seconded by Tom McCarthy to approve the request from the City of Dublin to provide water to the Glacier Ridge Metro Parks per their letter dated 08-07-07. The City of Dublin has been asked by The Columbus and Franklin County Metropolitan Park District (Metro Parks) to consider providing public water service to the Glacier Ridge Metro Park without the requirement to annex into the Dublin corporate limits. This is consistent with Section 5 of the July 17, 2000, Memorandum of Understanding between the Metro Parks, the City of Dublin, Union County and Jerome Township. A public water line with a connection point was constructed with the recent improvements to Hyland-Croy Road at the entrance to the Glacier Ridge Metro Park. The City of Dublin would be willing to allow to Metro Park to tap into this water line provided that the City of Columbus also approves this connection. We understand the Glacier Ridge Metro Park property is within the boundaries of a Water and Sewer District defined by Union County. The provision of water service by the City of Dublin to this property would relieve Union County of the future responsibility of providing water service to the property. Therefore, the City of Dublin hereby requests the concurrence of the Union County Commissioners to grant the Metro Park's water service request. Additionally, Hyland-Croy Road is within the jurisdiction of Union County. The Metro Park has been informed of the need to obtain aright-of--way permit for any work within the right-of-way of Hyland-Croy Road from the Union County Engineer. We will forward any correspondence received from the City of Columbus regarding this proposal as wel I A roll call vote resulted as follows: Charles Hall, Yea Gary Lee, Yea Tom McCarthy, Yea CC: Co. Eng. File Page 1 of 1 Barb Cox -Glacier Ridge water service agreement From: "Harrell, Sarah L." <SLHarrell~acolumbus.gov> To: <bcox(~dublin.oh.us> Date: 11/29/2007 3:51 PM Subject: Glacier Ridge water service agreement CC: "Pettenski, Danella D." <DDPettenski(~7columbus.gov> Attachments: Dublin Water supplement final.doc; Glacier Ridge Contract final.doc Barb, I've attached updated versions of the water service agreement for the Glacier Ridge Metro Park and the supplement to the Dublin contract. I believe I've incorporated all of your requested changes. Please let me know if there are any other issues. Thanks very much. Sarah L. Harrell Asst. City Attorney, Business 8 Regulations Division Columbus City Attomey Richard C. Pfeiffer, Jr.'s Office 90 W. Broad Street Columbus, OH 43215 614.645.8987 direct 614.645.6949 fax sfharrell@columbus.gov www.columbuscityatt~orney org file://C:\Documents and Settings\coxba\Local Settings\Temp\XPgrpwise\474EDFEEDubI... 12/17/2007 SUPPLEMENT TO THE TERMS AND CONDITIONS OF CONTRACT FOR WATER SERVICE BETWEEN TH1:, GI'I'Y OF COLUMBUS AND THE CITY OF DUBLIN This Contract made pursuant to Resolution adopted by the City of Dublin, Ohio, authorizing its City Manager to enter into this Contract and pursuant to Ordinance passed and approved by the City of Columbus, Ohio, authorizing its Director of Public Utilities to enter into this Contract is hereby made and entered into between the City of Columbus, a municipal corporation, and the City of Dublin, a municipal corporation, this day of , 2007. Whereas, the parties hereto on April 13, 1993 did enter into a contract for water service pursuant to Ordinance 135-92 passed and approved by the City of Dublin and pursuant to Ordinance 2693-92 passed and approved by the Council of the City of Columbus; and Whereas, the water service contract establishes a negotiated expansion area within the defined service area and requires that property within the negotiated expansion area annex to either Dublin or Columbus in order to receive water service; and Whereas, the Glacier Ridge Metro Park is located within the negotiated expansion area; and Whereas, the parties to the water service contract have agreed to allow the Glacier Ridge Metro Park to connect to Dublin's water distribution system and to receive water service under a separate agreement between the City of Columbus and the Columbus and Franklin County Metropolitan Park District, without requiring the Glacier Ridge Metro Park to annex to either Dublin or Columbus. Whereas, the parties to the water service contract desire to supplement the terms of the water service contract to reflect the agreement to allow such service to the ~~lacier Ridge Metro Park. Now Therefore, the following terms and conditions which are contained herein shall be, and the same are hereby acknowledged by the parties to be part of the terms and conditions of the contract between the parties to the fullest extent of all other terms and conditions thereof and collectively shall be referred to herein as the "Contract.'' WI'I'NESSETH 1) Nothing in this Contract shall be deemed to supersede, modify, alter, amend, change or replace any terms or conditions contained in the water service contract unless specifically set forth in this Contract. 2) Section 4.1 (b) of the water service contract is hereby supplemented by the addition of the following: The parties agree that water service will be permitted to the Glacier Ridge Metro Park pursuant to a separate agreement between Columbus and the Columbus and Franklin County Metropolitan Park District. Notwithstanding the fact that the Glacier Ridge Metro Park is within the Negotiated Expansion Area, the Glacier Ridge Metro Park will not be required to annex to either Columbus or Dublin in order to receive water service. All properties located within the Negotiated Expansion Area, other than the Glacier Ridge Metro Park, remain subject to the annexation requirements of this section. Any other exceptions to the annexation requirements of this section shall be permitted only upon modification to this Contract. THE CITY OF COLUMBUS By: Director of Public Utilities Date: APPROVED AS TO FORM: City Attorney City of Columbus THE CITY OF DUBLIN By: City Manager of Dublin, Ohio Date: Law Director City of Dublin CONTRACT BETWEEN THE CITY OF COLUMBUS AND COLUMBUS AND FRANKLIN COUNTY METROPOLITAN PARK DISTRICT WATER SERVICE AGREEMENT This Contract made pursuant to Resolution No. adopted by the Columbus and Franklin County Metropolitan Park District (Metro Parks), authorizing and directing its Executive Director to enter into this Contract and pursuant to Ordinance No. passed and approved by the City of Columbus, Ohio, authorizing and directing its Director of Public Utilities to enter into this Contract, is hereby made and entered into by and between the said City of Columbus, Ohio, a municipal corporation and the Metro Parks, a regional park district organized under Section 1545 of the Ohio Revised Code this _ day of , 2007. WITNESSETH: Section 1. The City of Columbus shall, for the consideration hereinafter stated, furnish to the Metro Parks surplus water from the municipal water system of the said City of Columbus for the term of years hereinafter described. The term of this agreement will commence on , 2007 and shall remain in full force and effect until midnight of , 2057. Unless written notice is given by either party to the other at least ten years prior to 2057, the agreement shall remain in effect for an additional three year period. In the same manner, this agreement with any amendments hereof shall remain in effect from three-year term to three-year term thereafter, subject to termination at the expiration of any such term upon written notice given by either party to the other at the expiration of the previous three-year term. Written notice of the intent to terminate this agreement must be given to the Director of Public Utilities for the City of Columbus or the Executive Director of the Metro Parks. Section 2. Such water supply aforementioned shall be the sole supply and be furnished from the water distribution system of the City of Columbus and the City of Dublin to the Glacier Ridge Metro Park via connection to the water main distribution system of the City of Dublin and through the water distribution system of the Metro Parks as the same is developed and extended during the life of this Contract. The City of Columbus reserves to itself the right to make any actual connection to its water lines and/or chlorinate all water lines connected directly or indirectly to its water lines and, in such event, the Metro Parks shall pay the actual cost of labor and materials plus twenty-five percent with respect to lines designated solely to service the Glacier Ridge Metro Park, its employees and visitors. Notwithstanding the foregoing limitation and the exclusive right of Columbus to chlorinate all water lines connected directly or indirectly to its water lines, the Metro Parks may, at its option, make such connections providing the labor and materials therefor. Section 3. 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, legislative or administrative bodies of the City of Columbus is deemed necessary and shall be in the exclusive control of the City of Columbus and to each of these bodies within their specific authority. The City of Columbus is not subject to any requirements of the Metro Parks, whether through said Metro Park's executive, legislative or administrative bodies, to add or delete chemicals to the water supply. Section 4. The water supply aforementioned shall be restricted for usage within the boundary limits of the Glacier Ridge Metro Park as identified on Exhibit A, solely for uses necessary and incident to the maintenance and operation of a metropolitan park and for no other uses. Should the boundary limits of the Glacier Ridge Metro Park be modified, water service to any additional territory shall be permitted only upon modification of this Contract. Should any portion of the Glacier Ridge Metro Park annex or be annexed into any municipal corporation, that portion of the Glacier Ridge Metro Park shall require water utility service from such municipal corporation, and its connection with the Metro Parks water distribution system shall be terminated. Prior to obtaining a Tapping Permit from the City of Columbus, Division of Power & Water, Metro Parks shall obtain a Tapping Permit from the City of Dublin, Ohio showing permission from the City of Dublin, Ohio to connect to their main(s). Section 5. All construction of the distribution system of the Metro Parks and any extensions thereto will be done by the Metro Parks at its own expense. All construction and extensions shall be done in accordance with plans and specifications approved by both the Director of Public Utilities of the City of Columbus and by the City of Dublin. The materials used shall be as per current specifications for water mains, valves and appurtenances approved for use at the time by the Division of Power & Water of the City of Columbus, Ohio. The Metro Parks shall be solely responsible for maintenance of the distribution system and any expenses related thereto. Metro Parks shall maintain up-to-date mapping of its water distribution system and shall furnish copies of all location atlas maps showing the overall water distribution system to the City of Columbus and to the City of Dublin annually. Metro Parks shall also furnish additional copies of its location atlas maps as and when individual maps are changed or brought up-to-date. Section 6. All meters shall be procured through the Division of Power & Water of the City of Columbus. The City of Columbus shall at its own expense read meters, and based upon such meter readings, Columbus shall bill the Metro Parks for water supplied and other services. Such charge(s) shall be calculated 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 presently in force or as may be amended, enacted or re-enacted in the future for such water supplied or services rendered. In no event shall the water rates to be charged by Columbus to the Metro Parks exceed by more than thirty (30) percent, the rates charged consumers within the corporate limits of the City of Columbus. Section 7. The Metro Parks agrees to comply with all terms and conditions of this Contract, with all applicable rules and regulations of the Director of Public Utilities of the City of Columbus and all applicable ordinances of the City of Columbus or as the same may be amended, enacted, re-enacted, established or re-established in the future. "I~he Metro Parks agrees to comply with all applicable ordinances of the City of Dublin or as the same cnay be amended, enacted, re-enacted, established ~r re-established in the future. The City of Columbus reserves the right to discontinue service to the Metro Parks for a breach of the terms of this contract, for nonpayment of bills or violation of applicable ordinances for the City of Columbus and Rules and Regulations of the Director of Public Utilities of the City of Columbus, or as the same maybe amended, enacted, re-enacted, established or re-established in the future. Any of the above shall be sufficient reason for the City of Columbus to discontinue water service to the Metro Parks without resorting to any legal proceedings in law or equity. Section 8. The parties agree that if any portion of this Agreement proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other portion of this Agreement unless it clearly appears that such other portion is wholly or necessarily dependent for its operation upon the portion so held invalid or unconstitutional. Section 9. Failure on the part ofeither 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 ninety (90) days after written notice of such failure and the intent to terminate is delivered to the offending party, provided that the offending party shall have the right to cure or correct such failure to faithfully discharge its obligations and responsibilities and upon demonstration thereof, such notice of termination shall not be effective and this agreement shall remain in full force and effect without prejudice to Columbus' right to collect amounts due and owing to Columbus arising under the terms of this Contract prior to notice of termination. Section 10. It is further agreed that the City of Columbus shall have the right to temporarily shut off the water supply of the Metro Parks whenever alterations, additions, or maintenance operations make it necessary. The City of Columbus, Division of Water, shall give the Metro Parks responsible notice and probable duration of such shut offs, except in the case of serious break or accident, wherein water service will be discontinued immediately and notice will follow as soon as possible. Under no circumstances will the City of Columbus be held liable or responsible for any damage that may result in the Metro Parks due to any necessary discontinuance of water service. THE CITY OF COLUMBUS, OHIO Director of Public Utilities COLUMBUS AND FRANKLIN COUNTY METROI'OLI'I'AN PARK DISTRICT Executive Director APPROVED AS TO FORM: City Attorney City of Columbus