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HomeMy WebLinkAbout045-88 Ordinance . RECORD OF ORDINANCES National Graphics Corp., Cols., O. ~ Form No, 2806-A Ordinance N 0 'm_'+.5~~~n_n_m Passednnm___u_mmm_m_mmmmn____m_19n__, -- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF COLUMBUS, SAID AGREEMENT TO AMEND THE EXISTING SEWERAGE SERVICE AGREEMENT WHEREAS, the City of Columbus, Ohio, and the City of Dublin, Ohio, entered into a Sewerage Service Agreement on October 4, 1971, providing for the discharge, by the City of Dublin, Ohio, of sewage, industrial wastes, water or other liquid wastes, into, and the transportation, pumping and treatment of the same by the Sewage System and Sewage Treatment Works of the City of Columbus, Ohio, for a period expiring by the terms of the Agreement on December 31, 1996; and WHEREAS, it is the determination of the parties hereto that the terms and provisions of the Agreement shall be modified to include the Amended Agreement, attached herein as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the Amended Agreement attached hereto as Exhibit "A" is hereby approved and accepted. Section 2. That the City Manager is hereby authorized to enter into said Amended Agreement with the City of Columbus which will allow the City of Columbus to enforce an industrial pre-treatment program and authorizes collection of fees to administer said program. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 16th day of May , 1988. ~ Mayor - Presiding Officer Frances M. Urban I, Clerk of Council, hereby certify that thEP foregoing is a true copy of Ordinance/Ri&wMMlI No. 45-88 Attest: duly adopted by the Council of the City of DubHn, Ohio, on the 23rd day of May 1988 , . -A~~.~ _ ~ta-?1/U<J ~, l(vLlca-J Clerk of Council, Dublin, Ohio Clerk of Co ci 1 I hereby certify that copies of thIs Ord!nance/Reso/ution were posted in !!-: City of Dublin in accordance w:th Sect:on 731.25 of the Ohio Revised Cod.), Sponsor: City Manager J MT7~O'17J. 1~~"rJ Clerk of Council, Dublin..o '. :. ..'... , . ; . .' . . ! ~ ., AMENDED SEWAGE SERVICE AGREEMENT --r This Amended Agreement entered into this ?; day of ~ (;10 [ , 1988 , by and between the City of Columbus, Ohio, acting by and through its Director of Public Utilities and Aviation, pursuant to and under authority of Ordinance No. 922.87, passed and approved May 11, 1987, and the City of Dublin, Ohio, acting by and through its duly authorized officer or officers, pursuant to and under authority of Ordinance No. 45-88, passed or adopted on May 16, 1988 , 198~, by the City of Dublin, Ohio, copies of which are attached hereto and made a part hereof, the parties hereto agree that, effective September 1, 1987, Section 2.1 shall be added to the current Sewerage Service Agreement and shall read and operate as follows: Section 2.1. That the City of Columbus may administer and enforce Sections 1145.01 - 1145.99 of the Columbus City Codes and all amendments thereto within the boundaries of the City of Dublin in order to prohibit or limit the discharge of toxic and other substances into the sewage system. It is also agreed that the City of Columbus representatives may enter industrial establishments, perform inspections, and sample waste streams for the purpose of enforcing Sections 1145 and 1147 of the Columbus City Code, as amended, the City of Dublin agrees that the requirements of Sections 1145.01 - 1145.99 shall apply to all premises in the City of Dublin which are or later become tributary directly or indirectly to the sewage system of the City of Columbus to the same extent as they apply to premises within the City of Columbus. a) That the City of Dublin agrees that all fees for administering and enforcing Chapter 1145 shall be collected in accordance with Chapter 1147 of the Columbus City Codes, as amended. It is futher agreed and understood by the parties to this Amended Agreement that all other terms, covenants, conditions and provisions of the current Agreement shall remain in full force and effect until or unless changes by further and additional Amended or Supplemental Agreements. . . . . , I , " IN WITNESS ~OF, the parties hereto have set their hands on this 8 day of UN ~ , 1988. THE ~ OF COLl~~. ;r By /' ;ta..IA-<;"~ . l-v~ .ek- Director of Publib Utili~s and /: Aviation /~ /L~L.- 6/8 THE CITY OF DUBLIN, OHIO By ()-~ ~ City Manager Approved as to form: ,Ohio ~~jl J "1.lI .00 ed;y o/!2ad/wz 6665 Coffman Road Dublin, Ohio 43017 Ma y 31, 1988 Mr. MichaeJ Long Director of Public Utilities and Aviation City of Columbus 109 N. Front Street Columbus, Ohio 43215 Dear Mr. Long: Attached please find a certified copy of Ordinance No. 45-88 as passed by Dublin City Council on May 16, 1988. Also attached is the Amended Sewage Service Agreement signed by Mr. Hansley, City Manager. The agreement requires your signature as well as that of the Columbus City Attorney. Please obtain those signatures and return the signed agreement to me at the offices of the City of Dublin. Our City Council requested that I inform you and the City Attorney, reminding the City Attorney that the City of Dublin questioned how the City of Columbus can enforce a Columbus ordinance in Dublin and impose criminal penalties. This matter was discussed by our City Attorney, Stephen J. Smith, with Mr. Ron O'Brien. It was suggested that Dublin pass the ordinance and sign the agreement, which we have done, but it is suggested that criminal penalties not be enforced here in Dublin. Sincerely, // J~YI;.~ Frances M. Urban Clerk of Council fmu 01 , . ,,' I . /. , ( \ 0 0 I~ 9 7 3 1901 HAY. -5 Ii · OEPARTMlNrA~'''~RIZATIO:;- REFER~tlCE NUMBER AND TIME O/of8__St .. .. ~:~~ l) RIG I NAt 1 COMMITTEE 0/0f8 _ :-St~ -W"' \ 0n.. . SERV/r.J:' .......~. h"tt ~5 COLUMBUS CITY COUNCIL INTRODUC~~ BY -. c/o Legislallve Research Ollice OIAII COMPlINlCf 9 c;. 2 - u " cvrlTllI^ r.rr.n I :q:,~us _A"__~ Otdinanc:e No. ... U . OA'1Eb'F'rlA!i1'1\I:ADING ()tI.....c-...~ Jil~n~ MAY 11 1987 .. CONI'OIWAHCf AUDITOR'S CERTIFICATE ~. 300 E X ,........,-...-..............,..--.- I' '''',, Ie..... .. ... III""" ~....~.... ay - mergency ~ ..... .. ft...".,. ....... .............. Iar .., ... ....... .. . ... _c..... .....-........._.....c.., _.._ __.,.,,,, -_. ' .. c:-, 0.... fLOOR ACTION Date: Nt: 'I' : ' (o.,ks Orr. I . ...-..0MlI _ MAY 11 1987 ~ '_,.,_0o?I ,. -_..~- . .. L -C) 1-"''''' - I"" CITY AlfQRHIy: ThI ~ . ...... I ............... ;',.. -"...CO,-,.C)IIc......--_...., I " ",.'" .~_ !.',::' _AlOJ,OIll'lIfH '. r,l,' ~.~... ""., 'I "'" ' . . IV n_v r ~J . <.;""'1'" -0'... , . /1 ~2'~ ;'.' t; .,., - 'to. If. ','1' '. i I~ '47 r ;:'. ~ ' :1.,. i "'~":1.'1 ,,'J:. .' Explanalion 01 Legislation , . ~".':." .... ".'" .. Objective: The purpose of this legislation is to amend Ordinance ~o. 2802-85 [ pas,sed December 16, 1985..:- . ',' . f Need/Background: The Federal Cle~n Water Act of 1977, Amended 1987, requires every Clty In, the United States with a sewage treatment fad 1 fty larger than five million gallons per day capacity to develop, administer and enforce an Industrial Pretreatment Program. Ordinance No. 2B02-85 modified existing Sewerage Service Agreements with various communities, areas, political subdivisions to enable the City of Columbus to enforce the Industrial ------ Pretreatment Program and to authorize the collection of the fees assocfated with the program that are to be charged to the users generating the costs resulting from these types of industrial wastes discharged. This amendment is necessary in order to correct the legislation as recommended by the City Attorney's office and the Ohio E.P.A. ...:...-.: t;":. ":.":. . Kolth Hunsbl"rgcr 222-8164 . 0/$ . I _,._._ #3.. .'., .....~ ...., .. Tille (Briel Description) .., ...... :./',' .. :~,'.'. '.' .- To amend Title and Section 1 of Ordinance No. 2B02-85, passed December 16, 1985. authorizing the modification of the Sewerage Service Agreements for all ,. of the sewerage contract areas as required to administer and enforce the Industrial Pretreatment Program in those areas. Dhis10n of Sewerage and ",', Drainage; to repeal existing Title and Section 1 being amended, and to declare ~ ..' an emergency. ':\ \"'::': .' .... o. .... DATI t::;:: flI'_O UHSIQHID ;JlIdI>IlII>l(XXXXXXxxXXXXXXltllXIKXXX :~ -( :,~;~:,?, VlIO DAII " ::..('" ,M; ',', l ";"':" .. '~(g~ \ .:: 'l~. : ,~:::::':::'::'.::' :. . ,. ( ( I:' ',' . ,. '. , " ,', '--.-... - . ^ WIIEREAS, Ordinance No. 2802-1l5 passed D~cemher 16, 1985, authorized and directed the Director of Public Utilities and Aviation to modify certain agreements: and, whereas, it has been recommended by the City Attorney's office and the Ohio E.P.A. that certain portion of said agreement be deleted: and, ; WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities and Aviation, in that said agreement must be modified to be in compliance with the Federal Clean Water Act of 1977, thereby. pr~serving the public health, property, peace and safety: now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS: Section 1. That the title and Section 1 of Ordinance No. 2802-85, passed ~ December 16, 1985, are hereby amended to read as follows: -To authorize and direct the Director of Public Utilities and Aviation to modify the Sewerage Service Agreements between the City of Columbus and all of its contracting entities for all of the sewerage contract areas, as required, to adMinister and enforce the #', . Industrial Pretreatment Program in those areas, and to declare an emergency. - .. Section 1. That the Director of Public Utilities and Aviation be and he is hereby authorized and directed to execute contract modification of the Sewerage Service Agreements between the City of .' Columbus and Bexley, Brice, Dublin, Gahanna, Grandview, Grove City, Groveport, Hilliard, Marble Cliff, Minerva Park, Obetz, Reynoldsburg, Riverlea, Upper Arlington, Urbancrest, Valleyview, Westerville, Whitehall, Worthington, the Federal Government for the Defense Construction Supply Center, and the Franklin County Commissioners for Briarbank Subdivision, Brookside Estates, Clinton '2, Clinton '3, Franklin '1, Franklin '4 Amended, Hamilton Meadows, Hifflin '1, Truro '1, Worthington Hills, Rfckenbacker Air Force Base, and Timberbrook Subdivision in substantially the following terms: AMENDED SEWERAGE SERVICE AGREEMENT WHEREAS, the City of Columbus, Ohio, and the , Ohio, entered into a Sewerage Se~vice Agreement on , 19 , providing for the discharge, by the , OhlO, of sewage, industrial wastes, water or other liquid wastes, into, and the transportation, :' pumping and treatment of the same by the Sewage System and Sewage Treatment :, Works of the City of Columbus, Ohio, for a period expiring by the terms of the ...... Agreement on , , and: WHEREAS, it is the determination of the parties hereto that the terms and provisions of that Agreement shall be modified to include the following as . I ~::: ': hereinafter provided, now, therefore, ..-.' f:', This Amended Agreement entered into this day of , 1987, by and between the City of Columbus, Ohio, acting by and through its ....... .- Director of Public Utilities and Aviation, pursuant to and under authority of ~t.-. Ordinance ./0. passed and approved , 1987, and the , Ohio, acting by and through its duly authorized " . officer or officers, pursuant to and under authority of Ordinance No. passed or adopted on , 1987, 'by the , Ohio, copies of whiCh are attached hereto and made a part hereof, the parties hereto agree that, effective , 1987, Section shall be added to the current Sewerage Service Agreement and shall read and operate as follows: .,~.. . " .~\ ....... .:\; ...: '. . ,,:-:;; -. ,; b:<: .;.': . .......:' .. ) . . G ( " : '. J . . ',-- . . -' , : I SECTION . That the City of Columbus may administer and enforce Sections 114~.OI - 1145.99 of the Columbus City Codes and all amendments thereto within the boundaries of the of in order to prohibit or limit the discharge of toxic and other substances into the sewage system. It Is also agreed that the City of Columbus representatives may enter industrial establishments, perform inspections, and sample waste streams for the purpose of enforcing Sections 1145 and 1147 of the Columbus City Code, as amended, the '" of agrees that the requirements of Sections 1145.01 - 1145.99 " shall apply to all premises in the of which are or later become tributary directly or indirectly to the sewage system of the City of Columbus to the slle extent as they apply to premises within the City of Columbus. al Tha t the 0 f agrees tha tall fees for administerlng and enforclng Chapter 1145 shall be collected in accordance with Chapter 1147 of the Columbus City Codes, as amended. . . It is further agreed and understood by the parties to this Amended , Agreement that all other terms, covenants, conditions and provisions of the current Agreement shall remain in full force and effect until or unless changes by further and additional Amended or Supplemental Agreements. '';. . IN WITNESS WHEREOF, the parties hereto have set their hands on this day of , 1987. ." THE CITY OF COLUMBUS, OHIO ". " By , " Director of Public Utilltles and ' , Aviation I';::: THE OF , OHIO By Approved as to fona: of , Ohio ......:.:.:: ......... ....... . ..... 0":." City Attorney, Columbus, Ohio \ Section 2. That the existing Title and Section 1 of Ordinance No. 2802-85 passed December.J6, 1985, be and is hereby repealed. .. Sectf on 3. That for the reasons stated in thp. preamble hereto, which is " ", hereby made a part hereof, this Ordinance is hereby declared to be an .... . emergency measure and shall take effect and be in force from and after its passage and approval by the Hayor, or ten days after passage if the Mayor neither approves nor vetoes the same. .....: . ... . . -..... \::~r: {;:::."; :-,-,,;-, ,:...... ''.:'.. ":::'.: .,. no ,',' r", . " j: . ~':,': 1:< . '.,. ( (. .. 1--' , . . . . -.. , . : AMENDED SEWERAGE SERVICE AGREEMENT " WHEREAS, the City of Columbus, Ohio, and the (1 , Ohio, entered into a ~ewerage Service Agreement on 19 ~, providing for the discharge, by the . indus rial wastes, water or other liquid wast s, J 0, an pumping and treatment of the'same by the Sewage System and Sewage Treatment Works of the City of C~lumbus, ~cfor a period expiring by the terms of the Agreement o~Q QfYY\ ~I\ ~l, 'LD , and; WHEREAS, it is the determination of the parties hereto that the terms and provisions of that Agreement shall be modified to include the following as hereinafter provided, now, therefore, This Amended Agreement entered into this ) ~.>+ day Of~, 1987, by and between the City of Columbus, Ohl0, acting by and t ro g its I Director of PUb1~ Util~ties and Aviation, pursuant to and nder authority of Ordinance No. d.rl.. ~ passed and approved ~. , 1987, and the , 10, acting by and throug s ~ y aut orlzed officer or officers, pursuant to and under authority of Ordinance No. passed or adopted on , 1987, by the \If\\(....~e Jl>u1illl~hiO, copies of which are attached hereto and made a part hereo , t e ~artie hereto agree that, effective~, 1987, Section ~, shall be added to the current werage erVlce Agreement ahd shall read and operate as follows: SECTION Q ,~ . That the City of Columbus may administer and enforce Sections 145.01 - 1145.99 of the Columbus C y Codes and all amendment t ereto within the boundaries of the, - of in order to prohibit or limit t e lSC arge 0 toxic and other su stances lnto the sewage system. It is also agreed that the City of Columbus representatives may enter industrial establishments, perform inspections, and sample waste streams for the purpose of enfor ing Sections 114~1~}t~li~e Columbus City Code, as amended, the . of agr~es that the re uir ~ents of Sections-r-; 51;1:- .99 sha app y to a premlses in the . P of l^ In which are or later become tributary lrect y or n rect1y to' the sewage system of the City of Columbus to the same extent as they apply to premises within the City of Columbus. ~~ a) That the of agrees that all fees for administerlng an enforc ng apter 1145 shall be collected In ac~ordance with Chapter 1147 of the Columbus City Codes, as amended. . I " , ~I I .~ 1/ !>/I Y , '\ .. . . .. " (; ( . . ,. . . , . . ,~ . ) . Page 2 \ . . - It is further agreed and understood by the parties to this Amended Agreement that all other terms, covenants, conditions and provisions of the current Agreement shal'l remain in full force and effect until or unless changes by further and additional Amended or Suppl~mental Agreements. . .. . IN WITNESS WHEREOF, the parties hereto have set their hands on this day of , 1987. , ." , THE CITY OF COLUMBUS, OHIO By Director of Public Utilities and Aviation THE {~ OF ~,.I.r4-w , OHIO I :::A-~qv-J C:N;c~.!L_-;r- By c I'll ~Nn-r-r-..-- . " Approved as to form: '" . . " of , Ohio City Attorney, Columbus, Ohio . .. . I " " .