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