Ordinance 26-23RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
20. Ordinance No. 26-23 Passed
AUTHORIZING THE CITY MANAGER TO
ENTER INTO A NEW WATER SERVICE AGREEMENT WITH THE
CITY OF COLUMBUS, OHIO
WHEREAS, the City of Columbus and City of Dublin entered into an agreement for
water service on April 13, 1993, pursuant to Ordinance No. 135-92 passed by the City
of Dublin on January 4, 1993, and pursuant to Ordinance No. 2693-92 passed by the
City of Columbus on December 14, 1992 (the “Water Service Contract”); and
WHEREAS, Columbus and Dublin previously amended pursuant to Columbus City
Ordinance No. 0454-2009, passed by its City Council on July 13, 2009 and by Dublin,
duly authorized by City Ordinance No. 43-09, passed by its City Council on August 17,
2009, the Water Service Contract to provide for the modification of the Exclusive Dublin
Expansion Area by expanding that area into the Exclusive Columbus Expansion Area
and Negotiated Expansion Area; and
WHEREAS, Columbus and Dublin are entering into a new Economic Development
Agreement to expand the previous Agreement’s revenue sharing area; and
WHEREAS, in order to service the additional revenue sharing area and to reflect
updated Columbus model agreements, new water and sanitary sewer service
agreements with Columbus are required.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin and Union Counties, State of Ohio, ‘7 of the elected members
concurring that:
Section 1. The City Manager is hereby authorized to enter into a new Water Service
Agreement with the City of Columbus, Ohio.
Section 2. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council or other appropriate
officers of the City to prepare and sign all other agreements and instruments and to
take any other actions as may be necessary to implement this Ordinance.
Section 3.This Ordinance shall be effective on the earliest date permitted by law.
+
| Passed this S| day of __« \ oly , 2023
ATTEST:
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: June 20, 2023
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Re: Ordinance 26-23 and Ordinance 27-23 – Authorizing the City Manager to Enter
into New Water and Sanitary Sewer Service Agreements with the City of
Columbus, Ohio
Background
The City of Columbus (Columbus) has provided water and sanitary sewer service to the City of Dublin
(Dublin) when it was first a village and thereafter when it became a City in 1987. For just over thirty
years, water and sanitary sewer services have been provided through agreements between Dublin
and Columbus. Dublin and Columbus entered into an agreement for water service on April 13, 1993,
pursuant to Ordinance No. 135-92 passed by Dublin on January 4, 1993, and pursuant to Ordinance
No. 2693-92 passed by Columbus on December 14, 1992 (Water Service Contract). Similarly, Dublin
and Columbus entered into an agreement for sanitary sewer service on April 13, 1993, pursuant to
Ordinance No. 136-92 passed by Dublin on December 21, 1992, and pursuant to Ordinance No. 2692-
92 passed by Columbus on December 14, 1992 (Sanitary Sewer Service Contract). Both Contracts
included an Exhibit A titled “Dublin/Columbus Sanitary Sewer and Water Contract Service Area” (as
attached) which delineated areas to be annexed by Dublin and Columbus whereby water and sanitary
sewer services could then be provided by each entity. The term of both Contracts is 50 years.
Dublin and Columbus previously amended the Contracts pursuant to Columbus Ordinance No. 0454-
2009, passed by its City Council on July 13, 2009 and by Dublin, duly authorized by City Ordinance
No. 43-09, passed by its City Council on August 17, 2009. The Contract amendments provided for the
modification of the Exclusive Dublin Expansion Area by expanding that area with the addition of a
277-acre area located in the Negotiated Expansion Area. The 277-acres constituted approximately six
percent of the Negotiated Expansion Area and was located just north of State Route 161, at its
intersection with US Route 33.
Summary
Dublin and Columbus are proposing to enter into a new Economic Development Agreement to expand
the Exclusive Dublin Expansion Area by approximately 5,575-acres. The area consists of both the
Exclusive Columbus Expansion Area and the Negotiated Expansion Area, as defined within the 1993
Contracts. In the 1993 Contracts, both Dublin and Columbus agreed that the Negotiated Expansion
Area would constitute a shared future growth area for both entities. In order to provide services to
the expanded Dublin Expansion Area and update the existing agreements to reflect present
conditions, new water and sanitary sewer service agreements with Columbus are required.
The proposed new service agreements will replace the existing Contracts originally entered into in
1993. These new agreements are in Columbus’ updated format and are intended to be more
consistent with their current service agreements with other satellite suburbs to which Columbus
provides water and sanitary sewer services. The new service agreements include the expanded Dublin
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo
Ordinance 26-23 and Ordinance 27-23 – Authorizing the City Manager to Enter Into New Water and
Sanitary Sewer Service Agreements with the City of Columbus, Ohio
June 20, 2023
Page 2 of 2
Expansion Area to align with the Revenue Sharing Area as established by the Economic Development
Agreement (EDA), and establish conditions and requirements for the provision of water and sanitary
sewer services to this expanded area. The term of the new agreements is twenty-five (25) years.
Additionally, the new service agreements maintain existing water and sanitary sewer service levels to
Dublin residents. Regarding the new Water Service Agreement, provisions are now included in terms
of temporary street closures and water shut offs. Columbus will use reasonable efforts to notify Dublin
at least forty-eight (48) hours in advance of when work on the Dublin water system is to be
performed, including street closures. The Columbus notification will include hours of work restrictions
and necessary detour routes, unless the work is an emergency in nature. Lastly, Columbus will give
Dublin reasonable notice and probable duration of temporary water shut offs, except in the case of
emergencies or serious water main breaks. In those situations, water service will be discontinued
immediately and notice will follow as soon as possible.
Recommendation
Staff recommends adoption of Ordinances 26-23 through 27-23 at the second reading/public hearing
on July 31, 2023, authorizing the City Manager to Enter into new Water and Sanitary Sewer Service
Agreements with Columbus.
EXHIBIT I
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CONTRACT
BETWEEN THE CITY OF COLUMBUS
AND
THE CITY OF DUBLIN
WATER SERVICE AGREEMENT
This Water Service Agreement (“Agreement”) made pursuant to Ordinance No.
passed and approved by the City of Dublin, Ohio, authorizing and directing its City Manager 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 City of Columbus, Ohio (“Columbus”), a
municipal corporation, and the City of Dublin, Ohio (“Dublin”), a municipal corporation (together
the “Parties”) this day , 20__.
WITNESSETH:
Section 1. Columbus shall, for the consideration hereinafter stated, furnish to Dublin, or its
successors through annexation or appropriation and the inhabitants thereof, surplus water from the
municipal water system of Columbus for the term of twenty-five (25) years unless modified or
terminated as hereinafter described.
The term of this Agreement will commence on , 2023 and shall remain in full
force and effect until midnight of , 2048 (“Expiration Date”). One year prior to
the expiration date, Columbus will notify Dublin to commence negotiation of a new agreement, and
the Parties agree to negotiate a new agreement in good faith. If Columbus and Dublin have not
entered into a new water service agreement prior to the expiration date, the Parties may amend this
Agreement to extend its term, provided that negotiations are proceeding in a manner acceptable to
the parties. If the term of this Agreement is not extended as provided herein, this agreement will
expire on the Expiration Date.
Both Parties reserve the right to terminate this Agreement prior to the Expiration Date by providing
written notice to the other party at least three years prior to the desired termination date. Written
notice of the intent to terminate this agreement pursuant to this paragraph must be given to the
Columbus Director of Public Utilities or to the Dublin City Manager.
Both Parties reserve the right to renegotiate this Agreement at any time if amendment of this
Agreement is necessary in order to effect compliance with any regulatory standard or requirement
imposed on either party by any regulatory agency, and both Parties agree, upon written notice of
renegotiation, to negotiate in good faith. If Columbus and Dublin fail to negotiate an amended
contract within one year of the notice of renegotiation, either party may terminate this Agreement
upon 30 days written notice of termination. If either party incurs penalties or other costs from any
regulatory agency or any other costs directly resulting from the failure of the other party to negotiate
in good faith under this paragraph, the party incurring such costs reserves the right to assess the costs
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incurred against the other party.
Upon the expiration or termination of this Agreement for any reason, water service may be
continued at the discretion of Columbus. Any continued water service to Dublin will be charged at
the non-contract area water rates as established by the Columbus City Code in effect at the time of
expiration or termination, and as may be subsequently amended, enacted, reenacted, or established,
until a new water service agreement has been established or water service is discontinued.
Section 2. Such water supply aforementioned shall be the sole supply and be furnished from the
water distribution system of Columbus to said City of Dublin and the inhabitants thereof through the
water distribution system of Dublin as the same is developed and extended during the life of this
Agreement, except as provided in Section 4 hereafter.
Dublin shall have the further right to connect its water lines to any water mains subsequently
installed by Columbus within, or adjacent to, or reasonably close to the corporation lines of the City
of Dublin; provided, that the Columbus Director of Public Utilities may refuse such rights when in
his or her opinion, based upon reasonable engineering and other technical review by Department
staff, such mains are of insufficient capacity to serve the proposed water service area.
Columbus may make such connections between said system as necessary to maintain pressure which will provide an adequate supply of water for consumptive demands and for fire protection. Nothing contained herein, however, shall be construed so as to hold Columbus liable for lack of adequate water supply and pressure within the corporation limits of the City of Dublin or for any inadequacy of the water supply of the distribution system of Columbus. Columbus reserves to itself the right to chlorinate all new water lines connected directly to its water lines or indirectly to its water lines through water lines belonging to Dublin. With respect to lines designated solely to service Dublin and its inhabitants, Dublin shall pay for the chlorination at the applicable rates, fees and charges as set forth in the Columbus City Codes, 1959, as amended or as may be amended or re-enacted in the future, and the Rules and Regulations of the Columbus Division of Water, unless otherwise approved by the Columbus Director of Public Utilities.
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 Columbus is deemed necessary
and shall be in the exclusive control of Columbus and to each of these bodies within their specific
authority. Columbus is not subject to any requirements of Dublin, whether through Dublin's
electorate, executive, legislative or administrative bodies, to add or delete chemicals to the water
supply.
Columbus agrees that during the term of this Agreement it will use its best efforts to provide such
services to Dublin so as to allow Dublin a reasonable and orderly growth and development of its
geographic boundaries within the designated Dublin Water and Sewer Service Area as identified on
Exhibit A attached hereto and made a part hereof. It is expressly understood and agreed by the
Parties hereto that the intent of this assurance is that in consideration for Dublin's forbearance from
constructing and operating water utility services, Columbus will continue to provide a level of water
utility services sufficient to meet reasonable and orderly growth and development projections of
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Dublin within such Dublin Water and Sewer Service Area.
Columbus may construct and maintain such elevated storage facilities, booster stations and/or pressure regulating valves as it deems necessary within the Dublin Water and Sewer Service Area to serve the total distribution system with the prior approval of the Dublin City Manager of the site selected and the design of the tank to be constructed by Columbus. In the event Dublin constructs and maintains its own elevated storage facilities, special control devices may be installed by Dublin with the approval of the Columbus Director of Public Utilities to prevent loss of emergency reserves and fire storage for areas inside Dublin corporate limits. Tanks and booster stations must be acceptable to Columbus and shall include such equipment as deemed necessary from time to time by Columbus to monitor and/or operate the tanks and/or booster stations and any appurtenances thereto, and Dublin shall be solely responsible for all costs related to the purchase and installation of such equipment. The Parties agree to work together on mutually beneficial water improvements and where possible to provide assistance and support to complete the improvements.
Section 3. During the term of this Agreement, Columbus shall at its own expense maintain the water main distribution system of Dublin, maintain any extensions thereto, and make repairs which from time to time are required as a result of the normal use of said system. The distribution system shall be defined as the water mains, mainline and watch valves, and water services from the mainline up to and including the curb stop. The fire hydrants, and the associated piping beyond the watch valve, booster stations, storage tanks and vault structures for pressure reducing valves shall not be considered a part of the water main distribution system and Columbus shall not be required to perform any maintenance on these items. Such maintenance shall not be used as an alternative to pipeline replacement or rehabilitation where repair histories indicate that pipeline replacement or rehabilitation should be undertaken. Repairs at the expense of Columbus shall be limited to a number of repairs equivalent to one-hundred (100%) percent of the average repair rate for the entire distribution system maintained by Columbus. This number, the Equivalent Maintenance Ratio (EMR), shall be defined through the first full calendar year of this contract as 135% of the total length of water mains in Dublin's distribution system, divided by the total length of water mains maintained by Columbus, and multiplied by the total number of water main repairs completed during the year on the total length of water mains maintained by Columbus. For the second calendar year, the percentage shall reduce from 135% to 115%, and for all subsequent calendar years the percentage shall be 100%. This calculation, rounded up to the next whole number, shall be the EMR for any given year. All repairs made by Columbus on Dublin's distribution system in excess of the EMR shall be paid for by Dublin at actual cost of labor, equipment and material plus twenty-five percent. Columbus shall provide full documentation of the actual mileage and number of repairs used in establishing the EMR and in calculating the invoice, which documentation will be provided to Dublin at the time of the invoice. Columbus shall, upon request, provide Dublin any available information regarding failure histories for all water mains owned by Dublin and maintained by Columbus to assist Dublin in establishing a responsive pipeline replacement program. If for three consecutive years Dublin’s annual breakage rate exceeds 200% of the EMR, as described above, Dublin shall be required to establish a responsive pipeline replacement program acceptable to Columbus. If Dublin fails to establish a responsive pipeline replacement program, Columbus reserves the right to terminate this Agreement upon 120 days written notice. If Columbus terminates this Agreement pursuant to this paragraph, continued water service will be charged as provided in section one of this Agreement. If Dublin fails to establish a responsive pipeline replacement program within five years of the date of
4
termination pursuant to this section, Columbus may require Dublin to install master meter connections and disconnect from Columbus water distribution system. Following installation of master meter connections, Columbus will cease maintenance and repair of Dublin’s water main distribution system and any extensions thereto, and Dublin agrees that it shall thereafter be solely responsible for maintenance and repairs of its water distribution system and all associated costs. After establishment of master meter connections, continued water service shall be consistent with the terms of the standard Columbus master meter contract and shall be billed according to the wholesale master meter rate schedule as established by the Columbus City Code in effect at the time of termination, and as may be subsequently amended, enacted, reenacted, or established. If Dublin fails to establish master meter connections within five years of the date of notification to establish master meter connections, water service to Dublin may be terminated. The provisions of this Section shall not apply to any damage to the water main distribution system caused by any type of construction or work in the vicinity of water mains. Neither shall Columbus be responsible for installing or maintaining any type of coating to the interior of any water line. Neither shall the provisions of this Section apply to replacements or relocations which may be required from time to time, except as required to make repairs. Such replacements or relocations shall be made by Dublin following approval by the Columbus Division of Water as provided in Section 5.
Columbus shall not be required under this Agreement to perform utility locates for those water lines
owned, installed, or constructed by Dublin.
Dublin shall be responsible for ensuring that their valves and curb stops are readily accessible and
fully operational. Costs associated for all work beyond a normal effort in locating or accessing
buried valves or curb stops, and making valves operational as necessary to complete repairs or other
required valving operations, shall be paid by Dublin at direct cost of labor, equipment and material
plus twenty-five percent. Columbus shall bill Dublin for these costs per occurrence. Valves
identified as inoperable and non-repairable by Columbus during repair work shall be reported to
Dublin for replacement. Dublin shall be responsible for replacement of said valves. Dublin may
request the valves to be replaced by Columbus. Valves replaced by Columbus at the request of
Dublin shall be billed to Dublin at direct cost of labor, equipment and material plus twenty-five
percent. Valves that are repairable shall be repaired by Columbus and included in Dublin’s EMR.
Dublin shall be responsible for any salting of roads that may be necessary due to pipeline failures on
pipelines located within Dublin.
During the term of this Agreement, Dublin grants to Columbus the right to perform, at Columbus'
discretion and cost, minor routine maintenance of booster stations and storage tanks owned by
Dublin, but operated by Columbus, that Columbus determines to be necessary for continued
operation of the system. This could include, but is not limited to, maintenance on items such as
pumps (testing, lubricating, and painting), switchgear, supervisory control and data acquisition
(SCADA) systems, and changing light bulbs. Performance of such maintenance shall be at the sole
discretion of Columbus and shall not be construed to establish any duty on the part of Columbus to
perform such maintenance. Nor shall performance of such maintenance be construed to exempt
Dublin of their responsibility for maintaining their facilities.
5
Section 4. The water supply aforementioned shall be restricted for usage within the corporate limits
of the City of Dublin provided that those areas are within the Dublin Water and Sewer Service Area
identified on Exhibit A attached hereto and incorporated herein by reference. Exhibit A includes a
“Dublin Expansion Area.” The Parties agree, that properties within the Dublin Expansion Area to
which water supply services are to be made available first must be annexed to the City of Dublin
during the term of this contract. Columbus agrees that it shall accept no annexations within the
Dublin Water and Sewer Service Area.
Section 4.1. Dublin will take no action to initiate, approve, or in any manner support a merger with
any adjacent township pursuant to Section 709.43 through 709.46, inclusive, of the Ohio Revised
Code or any revision or amendment thereto. All efforts by Dublin to increase its geographic
boundaries shall be through the annexation procedure. Dublin agrees that it will not initiate, or
support in any manner, annexation to the City of Dublin of properties located outside the Dublin
Water and Sewer Service Area designated on Exhibit A; Provided however, the Parties recognize
that a merger pursuant to Sections 709.43 through 709.45 of the Ohio Revised Code may occur
without the initiation by Dublin. Such filing may require Dublin to participate in the activity so as to
protect its citizens, to fulfill its duty as elected/appointed officials as to insure that property
information is provided. The Parties further agree that the term annexation shall not include merger
as set forth in ORC 709.43 through 709.46, inclusive, and as subsequently amended.
A breach of any of the provisions of this Section 4.1 shall for the purposes of Section 16 herein, be
considered a material breach of this Agreement.
Section 4.2. It is agreed by the Parties that in the event a merger between the City of Dublin and any
township should occur, Columbus shall incur no obligation to service areas other than those
specifically within the Dublin Water and Sewer Service Area. If Columbus elects to service areas
other than those specifically within the Dublin Water and Sewer Service Area, the rate chargeable
for the area outside the contract boundary shall become ten times those set forth in Section 8 hereof
unless otherwise agreed to by Columbus. Dublin consents to the provisions set forth in this section
as related to the costs and expense of providing continued services under this Agreement and not as
an exaction, tax or penalty in the event the conditions imposing this Section occur. Further, Dublin
consents and agrees that the provisions in this Section are not confiscatory or unreasonable. Nothing
herein shall affect the contract rate for the Dublin Water and Sewer Service Area.
Section 4.3. If Columbus enters into any new Water Service Agreement or modifies, amends,
extends or otherwise changes the terms of any Water Service Agreement with any political
jurisdiction and the new, modified, amended, extended or otherwise changed agreement does not
contain the same provisions regarding merger/annexation as set forth in Sections 4.1 and 4.2 of this
agreement, then in that event Section 4.1 and Section 4.2 herein shall become null and void.
Section 5. Any extensions, replacements, or relocations of the distribution system of Dublin
including design and construction are to be made by Dublin at its own expense. All such
modifications by Dublin shall be made in accordance with plans and specifications approved by the
6
Columbus Director of Public Utilities, and materials used shall be as per current specifications for
water mains, valves and appurtenances approved for use at the time by the Columbus Division of
Water. Such approval or rejection shall be made by the Columbus Director of Public Utilities within
thirty (30) days after detailed plans and specifications have been submitted by Dublin, otherwise
Dublin may proceed with construction subject to any and all inspection and approval as required by
Columbus. Dublin shall provide for continuous inspection by competent, experienced
representatives of Dublin of the construction of any extension, replacements, or relocations to assure
compliance with approved plans and specifications, and shall make documentation of such available
upon request by Columbus.
Dublin shall be responsible for all water quality or operational issues caused by any extensions,
replacements or improvements (including booster stations or elevated storage tanks) to the water
distribution system. If potential water quality or operational issues are identified during design
review, Dublin shall provide a written approach on how they will mitigate these issues, and this
approach shall be agreed upon by both Parties prior to the approval of the detailed plans and
specifications by the Columbus Director of Public Utilities.
Section 6. During such time as this Agreement is in full force and effect, no charge by either party
shall be made in respect of the public fire hydrants attached or to be attached to the water
distribution system of Dublin.
Dublin shall be permitted to install fire hydrants on its water distribution system, after approval of
the plans therefor by the Columbus Director of Public Utilities and to use water from the hydrants
for fire protection and fire hydrant maintenance. The use of water from hydrants for any other use
than fire protection or fire hydrant maintenance, before being used, shall be approved by the
Columbus Director of Public Utilities and the Dublin City Manager and shall be subject to
applicable rates, fees and charges. Dublin shall pay the applicable rates, fees and charges for all
water it uses from public hydrants other than for fire protection at the rates, fees and charges as set
forth in the Columbus City Codes, 1959, as amended or as may be amended or re-enacted in the
future, and the Rules and Regulations of the Columbus Division of Water, unless otherwise
approved by the Columbus Director of Public Utilities.
Columbus shall not be required to perform any maintenance of fire hydrants and the associated
piping beyond the watch valve that are installed within Dublin water distribution system.
Section 7. Dublin shall install or have installed all taps to the water main distribution system of
Dublin in accordance with City of Columbus guidelines. Columbus shall inspect all taps installed on
existing mains. Meter fees and repair charges shall be the applicable City of Columbus fees or
charges. In addition, Dublin may charge and collect any additional water capacity fees, tap charges,
or inspection fees which it may duly enact. All meters shall be procured through the Columbus
Division of Water. Said meters are to be provided by Columbus following payment by the
consumer of all applicable meter charges and system capacity charges. Consumers within Dublin are
subject to and must comply with all applicable ordinances, provisions of the Columbus City Codes
and the Rules and Regulations of the Columbus Division of Water as such ordinances, provisions of
the Columbus City Codes, 1959, and the Rules and Regulations of the Columbus Division of Water
7
may be amended, re-enacted and established or re-established in the future.
Columbus shall at its own expense read meters and render bills to consumers. Columbus agrees that
upon presentation by Dublin of a certified copy of any ordinances or legislative measures duly
passed, establishing a surcharge on such rates or charges for water or sewerage service, such
surcharge will be included as a separate item under the billing authorized herein and such surcharge
shall be collected by Columbus and refunded to Dublin, Ohio, every month together with a verified
report of the amount so collected at no cost to Dublin.
Section 8. Columbus shall charge, and the consumers within Dublin shall pay for water supplied
and other services at the applicable rates, fees and charges in effect for consumers outside the
corporate limits of 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 within Dublin exclusive of any surcharge
levied by Dublin, exceed the prevailing rate or rates of charges for water consumers outside the
corporate limits of Columbus as the same are provided by ordinances of Columbus and in no event
shall the water rates to be charged by Columbus within Dublin during the term of this Agreement,
exceed by more than thirty (30) percent the rates charged consumers within the corporate limits of
Columbus exclusive of any surcharge levied by Dublin, said clause to be interpreted that Dublin may
impose a surcharge on said services. Also in no event during the terms of this Agreement, shall the
rate charged within Dublin be higher than the rates paid by all other customers under a retail water
service contract with Columbus. These rates shall be based on a cost-of-service concept.
Section 9. Dublin agrees to comply with all terms and conditions of this Agreement, with all
applicable rules and regulations of the Columbus Division of Water and all applicable ordinances of
Columbus or as the same may be amended, enacted, re-enacted, established or re-established in the
future. Columbus reserves the right to discontinue service to any consumer for a breach of the terms
of this contract, for nonpayment of bills or violation of applicable ordinances of Columbus and
Rules and Regulations of the Columbus Division of Water, or as the same may be amended, enacted,
re-enacted, established or re-established in the future. Any of the above shall be sufficient reason for
Columbus to discontinue water service to any consumer of Dublin, Ohio, without resorting to any
legal proceedings in law or equity.
Section 10. The water supply aforesaid shall be for the domestic, commercial and industrial usage
for Dublin and its inhabitants. Any water service connection where usage will exceed an
instantaneous demand of two-hundred gallons per minute (200 gpm) must be approved by the
Columbus Director of Public Utilities. Larger consumption may be permitted if, in the opinion of the
Columbus Director of Public Utilities, such usage will not be detrimental to other areas of the water
distribution system.
Dublin agrees to implement any mandatory water use restrictions or conservation measures that may
be implemented by Columbus.
Section 11. Columbus shall have the right to connect its water lines to any water lines owned or
installed by Dublin for the purpose of supplying water to other consumers; provided, however, that
8
Dublin may refuse such rights when such water line is of insufficient capacity to serve the proposed
service area. Such connections shall be made by Columbus at its cost and expense.
Section 12. During the term of this Agreement, Dublin grants to Columbus the right to enter into
the corporate limits of Dublin and its streets, highways and alleys, other public easements, licenses,
permission, and property rights for Dublin, or property owned or controlled by Dublin for the
purpose of the Agreement and for the further purpose of laying any large feeder mains which may be
deemed necessary by the Columbus Director of Public Utilities on the basis of sound engineering
principles to build up an adequate feeder main distribution system in the entire area to be serviced by
Columbus, included but not being limited to corporate areas of Dublin. The plans and specifications
for laying and extension of such large feeder mains shall be submitted to Dublin for approval from
an engineering standpoint including all applicable right-of-way requirements. Approval from or
rejection of these plans and specifications shall be made by Dublin within thirty (30) days after
submission unless an extension is granted by the Columbus Director of Public Utilities. Failure of
Dublin to submit in writing, rejections of the plans and specifications, either in part or in their
entirety, shall constitute approval of Dublin and acquiescence in such plans and specifications, and
Columbus is hereby given the right to proceed with the construction. Columbus pledges itself to
make such large feeder main installations at its own expense and to restore all streets, highways,
alleys, other public easements, licenses, permission and property owned by Dublin to the extent
practical, to the same or better condition in which they found prior to such installation. The rights to
preserve, maintain, operate and repair any facility so constructed shall continue after the expiration
of this contract and the ownership shall remain in Columbus. Columbus will use reasonable efforts
to notify Dublin at least forty-eight (48) hours in advance when work required under this contract is
to be performed, including street closures, hours of work restrictions and necessary detour routes,
unless such work is emergency in nature.
Section 13. Dublin will submit a copy of changes or additions to the water distribution system and a
set of plans as built for all water facilities installed, to the Columbus Division of Water for record
purposes. As-built plans shall be submitted electronically within thirty days following completion of
construction and shall include surveyed coordinates according to City of Columbus standards.
Columbus shall furnish Dublin copies of water distribution drawings as built, and any subsequent
changes thereto, and of all water facilities within or adjacent to Dublin corporate limits.
Columbus agrees to provide to Dublin, upon request, any available information about Columbus and
Dublin water system which may be necessary in order to determine the adequacy of water service
being provided to Dublin.
Dublin shall maintain up to date mapping of its water distribution system and shall furnish to
Columbus, upon request, copies of its mapping showing the overall system and shall furnish
additional copies as and when individual maps are changed or brought up-to-date.
Section 14. 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
9
necessarily dependent for its operation upon the portion so held invalid or unconstitutional.
Section 15. Dublin shall pay for all bills received from Columbus, as a result of the provisions of
this agreement, in a timely manner. Dublin shall, within ninety (90) days after the bill is mailed,
make payment thereof in full to the Treasurer of Columbus. Failure to make full payment within
ninety (90) days following the mailing of said bill will result in the addition of a penalty to the
unpaid bill. The amount of the penalty shall be 10% (ten percent) of the unpaid bill and shall be due
at the time of payment of the overdue bill.
Section 16. 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 the right of Columbus to
collect amounts due and owing to Columbus arising under the terms of this Agreement prior to
notice of termination.
Section 17. It is further agreed that Columbus shall have the right to temporarily shut off the water
supply of Dublin or any part thereof whenever alterations, additions, or maintenance operations
make it necessary. The Columbus Division of Water, shall give Dublin reasonable notice and
probable duration of such shut offs, except in the case of emergency, act of God, or other serious
break or accident, wherein water service will be discontinued immediately and notice will follow as
soon as possible. Under no circumstances will Columbus be held liable or responsible for any
damage that may result in Dublin or its inhabitants due to any necessary discontinuance of water
service.
[SIGNATURE PAGE FOLLOWS]
10
THE CITY OF COLUMBUS, OHIO
By
Director of Public Utilities
THE CITY OF DUBLIN, OHIO
By
City Manager
By
City Clerk
APPROVED AS TO FORM:
City Attorney
City of Columbus
Law Director
City of Dublin