HomeMy WebLinkAbout56-00 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 004
Ordinance No ................56-00.................................. Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH THE VILLAGE OF SHAWNEE HILLS
PROVIDING THE VILLAGE WITH ACCESS TO THE CITY'S
SEWER SYSTEM, AND DECLARING AN EMERGENCY
WHEREAS, the Village of Shawnee Hills has requested access to the Dublin Sewer
System for the transportation of sewage, industrial wastes, water or other liquid
wastes from the Village of Shawnee Hills and its Sewerage System to the City of
Columbus for ultimate treatment and disposal; and
WHEREAS, City Council authorized the City Manager to explore a mutually
agreeable solution to Shawnee Hills' request for access; and
WHEREAS, a mutually agreeable solution has been achieved; and
WHEREAS, as part of the negotiations regarding the provision of access to Shawnee
Hills, the City of Columbus has agreed to construct an odor control facility for the
benefit of the Dublin Sewer System at no cost to the City of Dublin;
NOW, THEREF~, BE IT ORDAINED 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 an agreement with
the Village of Shawnee Hills for its access to the City of Dublin Sewer System for
the transportation of sewage, industrial wastes, water or other liquid wastes from the
Village of Shawnee Hills and its Sewerage System to the City of Columbus for
ultimate treatment and disposal.
Section 2. This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public health, safety, and welfare because The
Rural Development Authority ("RDA") is ready to provide funding to Shawnee
Hills to construct a centralized sewer system provided the construction begins in
the immediate future. Otherwise, RDA will move forward with funding other
projects. Given the vital need for this funding, this Ordinance shall therefore be
effective upon passage.
Passed this day of , 2000.
ayor -Presiding Officer
ATTEST:
Clerk of Council
herehy certify that copies of this Ordnaa~cel~esolut'son mere nastesl in
City of Dublin ':r. accardance w+tl3 Settnn 731.5 a# t°~n ;~`,?a Revised C:~~'~
. ~~~I
LL~4~ .rk of Council. Dubiirl. Ohio
MEMORANDUM
TO: Timothy C. Hansley, City Manager and
Dublin City Council
FROM: Stephen J. Smith, Law Director
Mitchell H. Banchefsky, Assistant Law Director
DATE: March 2, 2000
RE: Agreement between the Village of Shawnee Hills and the City of Dublin for
Shawnee Hills' Access to the Dublin Sewer System.
As you know, Council authorized the City Manager to explore a solution to the dispute
involving Dublin, the City of Columbus and the Village of Shawnee Hills for Shawnee Hills'
access to the Dublin sewer system. Originally, athree-way agreement was attempted by all three
public entities. This arrangement proved unworkable and instead two two-way agreements were
negotiated. That is, there is an agreement between the City of Columbus and Shawnee Hills,
which Dublin is not a party to, and a second agreement between the City of Dublin and Shawnee
Hills.
M In relevant part, the Agreement between the City of Dublin and Shawnee Hills states that
Dublin is providing Shawnee Hills with access to its sewer system for the transportation of
sewage, industrial wastes, water or other liquid wastes from the Village of Shawnee Hills and its
Sewerage System to the City of Columbus for ultimate treatment and disposal. This Agreement
will last for forty years and, unless written notice is given by either party at least five years in
advance of termination of the forty year period, the Agreement will remain in effect for
successive three year periods. Either party may terminate upon giving three years notice.
Shawnee Hills has agreed to pay the City of Dublin aone-time lump sum payment for
usage of Dublin's sewer system of $115,000. In addition to this payment, the City of Columbus
has agreed to construct an odor control facility for the benefit of the Dublin sewer system. This
will be constructed at no cost to the City of Dublin
Shawnee Hills has also requested that this ordinance be passed on an emergency basis.
The Rural Development Authority ("RDA") is ready to provide funding to Shawnee Hills to
construct a centralized sewer system, provided it has executed contracts for the transmission and
disposal of wastewater at a treatment facility. However, the RDA will not wait for Shawnee
Hills to provide the executed agreements. If other entities seeking funding from the RDA
provide all of the necessary documentation to RDA, then RDA will move forward with funding
other projects and Shawnee Hills will lose its place in the funding line. Therefore, it is
imperative that Shawnee Hills presents executed contracts to RDA as soon as possible.
If you have any questions or concerns regarding this agreement, please do not hesitate to
contact this office.
F:\szd\DUTEYJ\Dublin\Sewer Contract\Memo Re Contract.doc - 355050.188
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CONTRACT
BETWEEN THE CITY OF DUBLIN,
AND
VILLAGE OF SHAWNEE HILLS
SEWER ACCESS AGREEMENT
THIS AGREEMENT MADE AND ENTERED INTO this ~ day of Apri12000 by
and between CITY OF DUBLIN, OHIO (Dublin) and VILLAGE OF SHAWNEE HILLS, OHIO
(Shawnee Hills), for the transportation of sewage, industrial wastes, water or other liquid wastes
from the Village of Shawnee Hills and its Sewerage System to the City of Columbus for ultimate
treatment and disposal., utilizing the Sewerage System of the City of Dublin.
WITNESSETH:
In consideration of the mutual covenants and promises herein contained, and pursuant to
the authority in Ordinance No. -Q dpassed April 17, 2000 by the Council of the City of
Dublin, and Resolution No. D -a~U passed m~c~ ,~var7 by the Council of the Village
of Shawnee Hills, the parties hereto agree as follows:
Section 1. For the term of this agreement, Shawnee Hills shall be permitted to connect its
sewerage system into Dublin's sewerage system in accordance with approved engineering plans
at a manhole located near the Northwest corner of the intersection of Glick Road and Dublin
Road for the transportation of sewerage generated within the current or future boundaries of
Shawnee Hills from Shawnee Hills to the City of Columbus for ultimate disposal and treatment
by the City of Columbus in accordance with the sewer service agreement between Shawnee Hills
and Columbus.
Section 2. That Shawnee Hills shall compensate Dublin with a one time lump sum payment
in the amount of one hundred and fifteen thousand dollars ($115,000) for the use of its sewerage
system to transport sewerage generated within the boundaries of Shawnee Hills to the City of
Columbus for ultimate treatment and disposal in accordance with the sewer service agreement
between Shawnee Hills and Columbus.
The amount that Shawnee Hills is compensating Dublin is calculated based upon
estimated daily generation of wastewater flows of 120,000 gallons per day. If, during the term of
this agreement, the actual flows generated by Shawnee Hills exceed the projected amount of
120,000 gallons per day, then Dublin shall be entitled to receive additional compensation based
on the actual flows in excess of 120,000 gallons per day.
Section 3. In an effort to protect the capacity of Dublin sewerage system, Shawnee Hills
agrees that it shall limit inflow and infiltration to its sewer system to the design characteristics set
forth in the engineering plans for the sewer system approved by the City of Columbus.
In addition, Shawnee Hills shall not increase the capacity of the pumps in its lift station
without the express written consent of Dublin, which consent shall not be unreasonably withheld.
Dublin shall respond to a request to increase the capacity of such pumps, in writing, within 30
days, together with either an engineering approval or a disapproval. In the case where no
approval or disapproval is made by Dublin within the said thirty (30) days, Shawnee Hills may
proceed with increasing the capacity of the pumps in its lift station, without prejudice, in full
conformity with the plans and specifications so submitted and not acted upon by Dublin. In the
case where said plans and specifications are disapproved from an engineering or capacity
standpoint by Dublin within the said thirty (30) days, such disapproval shall be made in writing
and the engineering reasons for disapproval set forth therein.
Section 4. The term of this Agreement will commence on the date of connection of the
Shawnee Hills collector sewer system to the Dublin sewer system and shall remain in full force
and effect until midnight forty years from the date of completion of the connection between the
two sewer systems. Unless written notice is given by either party to the other at least five years
prior to the termination date of this Agreement, this Agreement shall remain in effect for any
additional three-year period. In the same manner, this Agreement with amendments thereof 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 sent to the office of the City Manager of the City of Dublin or the Mayor of
the Village of Shawnee Hills.
Section 5. 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 6. That failure on the part of either party to this Agreement to faithfully discharge its
obligations and responsibilities hereunder, either in whole or in part, with respect to a material
breach of said Agreement, 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.
Section 7. Shawnee Hills' one time lump sum payment to the Dublin set forth in Section 2
above is expressly conditioned upon Shawnee Hills tapping into the Dublin sewer system.
Shawnee Hills will pay Dublin the one time lump sum amount set forth in Section 2 of this
agreement at the time the connection is made to the Dublin sewer system. If Shawnee Hills does
not tap into the Dublin sewer system, then this agreement shall be null and void.
2
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IN WITNESS WHERROF, the parties hereto have set their hands on this ~-l~ day of
April, 2000.
THE CITY OF DUBLIN, OHIO THE VILLAGE OF SHAWNEE HILLS,
OHIO
l
Tim Hansley 'Shau e
City Manager or
APPROVED AS TO FORM: APPROVED AS TO FORM:
Stephen J. Smith Anthony J. Celebrezze, Jr.
City Attorney Law Director
Ci ubli Ohio ~ V' e of S ee H' 'o
v
3
Department of Public Utilities
* ~~m^~~• a,,~ * City of Columbus John R. Doutt, P.E., Director
* ~ * Mayor Michael B. Coleman
~~~~~~~`~April 6, 2000
Mr. Timothy C. Hansley
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
RE: Upper Scioto West Interceptor Sewer (USWIS)
Dear Mr. Hansley: "
This letter is a follow up to my letter of March 1, 2000 regarding the Odor
Control solution for the USWIS. It is my understanding that Dublin City
Council requested further details regarding the commitment of the City of
Columbus to design and construct the odor control facilities necessary for
the USWIS.
To be more specific, our current schedule provides for the completion of the
plans by June, 2000 and to receive construction bids in July, 2000.
Completion of the construction contractis estimated to be done by May 31,
200+.
1 again confirm that the City of Columbus will pay the costs to design,
construct and operate the Odor Control facilities associated with the USWIS.
1 hope this letter provides you the clarification you desired.
Sincer y
ohn .Doutt, P.E.
Director
JRD:cjg
pc: Steve Campbell,. Deputy Chief of Staff
Don Linn, P.E., DOSD Administrator
File
Utilities Complex 910 Dublin Road Columbus, Ohio 43215
Directors Office 614/645-6141 FAX: 614/645-8019 TDD: 614/645-6454
Sewerage and Drainage Division 614/645-7175 `FAX'. 614/645-3801 TDD: 614/645-6338
Water Division 614/645-7020 FAX: 614/645-8177 TDD: 614/645-7188
Electricity Division 3500 Indianola Avenue Columbus, Ohio 43214
614/645-8371 FAX: 614/645-7830 TDD: 614/645-6454
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