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17-71 Ordinance u . ~ . . .... . ~ .... . . . .- ....t;.. .' ,- " .. .1 ," ~t...'t.. , , . I.... _ " ' .- . , ORDINANCE NO~; . . I '7 -11 .. '. . . VILLAGE OF DUBLIN. OHIO " .. . . ..... .. . .- . ~. ~" ORDINANCE A UTHORIZING THE MA YOR AND THE CLERK- ::l:i;...', ::' TREASURER TO ENTER INTO A CONTRACT ON BEHALF OF THE VILLAGE, OF DUBLIN. OHIO. WITH THE CITY OF 'f .';:. COLUMBUS. OHIO. PROVIDING l?OR THE DISCHARGE OF ., ..,. :', j:;, SEWAGE. INDU~TRIAL WASTES. WATER OR OTHER LIQUID ;U - . WASTES FROM THE VILLAGE OF DUBLIN, OHIO, INTO AND THE TRANSPORTATION; PUMf>ING AND. TREATMENT OF, .... THE SAME BY ,THE SEWERAGE SYSTEM AND THE SEWERAGE '-' TREATMENT WORKS 0;8' THE CITY OF COLUMBUS, OHIO - t.t. \ \. . BE IT ORDAINED. bY the Council of th,e Vf!lage of Dublin~ State, Of Ohio, C- of the\eJ~cted members concurring: . J I , That the Mayor and the Cierk - Treasurer be, SECTION 1. '" ahd they hereby are, authorized and directed to execute a contract for '.f' , s,ewerage services between the Village of Dublin, Ohiq, and the City;>f -; tolumbus, Ohio,' on the terms contained in the Agreement attached li.ereto ., . '; \ \ 'nhich is hereby made a part of this Ordinance. I SECTION 2. That this Ordinance shall take effect and be in ~ ',', " force from and after the earliest period allowed by law. :'1 .- . /~ li& Passed this ~ day of (!) cdrt~. , 1971. Attest: - ~#~~ I . Clerk - Trea urer .. I , i ~ ) I I J - . ,.-" . .. ; 'I I I r t' III " f I II I . : I j I " I I I , . . ~gb_ i!::. \ 1-l1 1 . , . . . .. . \~-'-\'l \ ~ . . . . - --' . . AGREEMENT . . , ... . To provide for the discharge of sewage, industrial wastes, wa~er or other liquid was~es from the Village of Dublin,. Ohio" 'into, and ~he transportation, pumping and'~reatment of the same, by the Sewerage System and the Sewage Treatment Uorks of the City of Columbus, Ohio, as hereinarter provided; now, ~herefore, THIS AGREE1,IENT MADE AND ENTERED INTO i by and between the CITY OF COLUMBUS, OHIO, Party of the First Par~, and the I I Village of Dublin, Ohio, Party or the Second Part, providing ror the discharge I I I I of sewage, industrial wastes, water or other liquid wastes from the said Village i I of Dublin, Ohio, into and for the transportation, pumping and treatment or said I I sewage, indus~rial wastes, water or o~her liquid wastes, by ~he Sewerage System I ~ and Sewage Treatment,Works or the said City or Columbus. Ohio, WITNESSETH: In consideration of ~he mu~ual covenants and promises herein contained, and in accordance with the applicable provisions of Chap~er 1147, Columbus City Codes, 1959 as amended and of Ordinance No. 242-71 passed October 4. 1971 . by the Councilor the Ci~y or Columbus, the parties here~o agree as follows: Section 1. Tha~, subject at all times ~o the provisions of Ar~icle XVIII, Section 6, of the Constitution or Ohio, the Village or Dublin, Ohio, shall hav~ the right and obligation, under the applicable provisions or the aforesaid authoriza~ion throughout the effective period or this Agreement to discharge all sewage, industrial wastes, water or other liquid wastes from its sanitary sewers, either directly or indirectly, or both, into ~he Sewerage System of the City or Columbus, Ohio, and to have the same transported, pumped and treated by the Sewerage System and Sewage Treatment Works of the City of Columbus, provided, however, \ (a) Tha~ ~he Village or Dublin, Ohio shall have adopted or passed such measures ...- as may be necessary to authorize, the execution of this Agreemen~. I . I . ! . (b) That whenever and to the extent that the Code of the City or Columbus ~ prohibits or restric~s the direct or indirect discharge to the sanitary sewers of subsoil drains from premises within the Ci~y or Columbus, such _HO'_ prohibition or restriction shall apply with equal force to premises within the Village of Dublin as if the same were a part or this Agreement. The I provisions or this paragraph shall no~ apply ~o any such subsoil drains in existence prior to ~he effective date or such legislation by the City or Columbus. (c) That the Village or Dublin, Ohio agrees it will not at any ~ime cause or permit storm wa~er or roof wa~er leaders to be led into or connected wi~h the separa~e, or sani~ary system of sewers, or led into or connected with any soil pipe, house drain, or house sewer ~ributary to ~he separate or sani~ary system or sewers. (d) That the Village of Dublin, Ohio agrees it will not discharge or cause or permit to be discharged into any sewer or into any water course, ditch or drain leading into any ~ewcr, any. acid, 'chemical or other substance, ,which tends to or does destroy or in any way injures the sewer. or which in any way interreres with proper maintenance or racilities and the transportation, treatment or disposition or any sellage -qarried' or . dr~dned' ~~ough" any: ! sewer in the City of Columbus. . ., . I i (e) That the Village or Dublin, Ohio agrees it will not discharge, cause or I permit to be discharged direc~ly or indirectly into any sewer, any kerosene, I gasoline, benzine, naptha or any explosive or inrlammable chemical, sub- I ! stance or thing. .J I . (f) That the Village or Dublin, Ohio agrees the requirements set rorth in , I , paragraphs (c), (d), and (e) above, together with any elaboration, ex~ension, j t derinition or amendment or said requirements as such may be duly elabora~ed, i i extended, derined or amended through rules and regulations issued from time I j to time by the Director or Public Service, or by legislative processes or ! i the Council of the City or Columbus, Ohio, shall all apply to all premises i in the Village of Dublin, Ohio, which are or later become tributary directly . ! 1 ; I -1- I ) -1 j ---.-----.. -~ -- - - l--~ 1,"-';"11 1)--(-.' . ""f'-;;-_-:-ll.-,l,:---",:~,":-',i .--:....-;- -,-.,-I----- -.'~ .. sa., . ."':~T-...------------....- J (f4-"~-.---'.."' . -I" -.". : I I I I' , 11 I 1 I I I II ~ I I II , I I 1 .' . ~ ' . ..... ,~ . . ..;'~ . ?r ind~rectly to the Sewerage System of the City of Columbus, to the same ~ . .ext~nt and degree as they apply within the City of Columbus and any viola- ~ion of these provisions shall be corrected'or caused to be corrected at once by ~he said Village of Dublin, ohio. (g) Tpat subject to Sections 6 & 7 hereinafter the said Village of Dublin agrees to prohibit the discharge of sewage, industrial wastes, water or other liquid wastes into its sani~ary sewers from any area outside the present corporation limits of the said Village of Dublin; Ohio, as these limits exist on the date of execution of this Agreement~ Provided, how- i [ever, that in the case of premises within the area delin6ated in blue and / indentified as "Area B" on the map attached hereto, the Village of Dublin . I may grant the right ~o discharge sewage, industrial wastes, water or other I liquid wastes into sanitary sewers within the said Village of Dublin when J and after such premises within said "Area B"'become formally annexed to .~ the Village of Dublin. I ~ Provided further that, in the case of premises within the area delineated in green and indentified as "Area C" on the map attached hereto, the Village of Dublin may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into sanitary sewers within the said Village of Dublin when and after said premises within said "Area C" become formally', " '.j annexed to the Village of Dublin, and if, and only if, said part of said ~~ premises to bo seI'vcd in "Area C,,' are proposed to be developed along .l'Lith.. ___ \, : premises in .said "Area B" as a single planned community under, common con-' \1 tract and ownership and when and if, and for so.long as said common premis~s 1 in "Area B" and "Area C" shall have been so zoned as to provide for a max- . imum gross density of twelve (12) persons per acre, according to projections i made from statistics available, and considered generally acceptable as of the time of said zoning. This pI'ovision shall not limit the right of the Village of Dublin to provide sewerage service to premises within "Area B" not devel- oped under common contrac~ and ownership with the premises within "Area C". ! The Village rights to provide sewerage service to premises within "Area B" I which are developed independently of premises within "Area C" will be ., I I ~ governed by the provisions as outlined in the first paragraph of this section. i I .............. I ; It is being further provided that upon and wfth specific written approval ! ~ of the Director of Public Service or the City of Columbus, Ohio, other jl premises within areas which subsequently become formally annexed to said ' Village of Dublin, reay also be granted the right to discharge sewage, in- dustrial wastes, water or other liquid wastes into sanitary sewers within I the said Village of Dublin. , (h) That the Village or Dublin agrees the construction or all house sewers or I service connections in the said Village or Dublin, Ohio, shall meet the J provisions of this Agreement, the then current minimum requirements governing such work in the City of Columbus, Ohio, and conform to the rules and regulations or the Village or Dublin, Ohio. i (i) That the Village or Dublin agrees the design, construction, operation, use i and maintenance of all sanitaI'Y sewers, house services and connections in the said Village of Dublin, Ohio, inCluding all connections with the Sewerage System or the City of Columbus, Ohio, shall be performed at the entire expense of the said Village of Dublin, Ohio, or its residents, and shall conform in all respects with corresponding standards and practice or the City of COlumbus, Ohio. All main sanitary sewers and connections to serve areas within the Village of Dublin shall be constructed in accord- ance wi~h detailed plans and specifications which have' been approved from i an engineering standpoint by the Chief Sewerage'Engineer and the Director , or Public Service of the City of Columbus, Ohio, provided that such approval, : I rrom an engineering standpoint, or disapproval supported by engineering I ; reasons thereror, shall be made by the Director of Public Service of the J City of Columbus, Ohio, within thirty (30) days after said plans and ! ~ specirications have been submitted ror final 'approval by the Village or I Dublin, Ohio otherwise said Village or Dublin may proceed with construction I in full conformity with such plans and specifications and with such engine- /' ering supervision and inspection as may be required by the City or Columbus, /J Ohio and subject 'to all other provisions or this Agreemen~ and applicable d rererences. That upon completion or such work, and not later than sixty /! (60) days therearter, accurate record drawings showing the work as actually I ! constructed shall be filed, by 'the said Village or Dublin, Ohio, with the r\ said Chief Sewerage Engineer. Said record drawings shall show the area , I . I I I i . ! 2 I , - - I I I I I I /'~'l /. .,' , 'I.' ..... - ~ :Y ,,, ~ I '. . f.. I . ., ,. . . . 10 II I a I . ., ''', '" ... .,..."...., ... .. . , . .. . .. __ ~ l I I I II I II I I II , 'I' I II , I I -.. ~ - '1 . . . . . i . .... - . . ! . . I I of each and every tributary lot and tract computed in accordance with the following paragraph (j). (j) That the Village of Dublin, Ohio agrees that for all properties and premises connected into sewers after the effective date of this agreement a system capacity charge for main trunk sanitary sewer benefit, or such similar charge as may be hereinafter established by the City of Columbus, I shall be exacted and collected by the Village of Dublin, Ohio against any I and all such property and premises which are located within the corporate limits of said Village of Dublin, Ohio, and wherever such property is or , will be tributary directly or indirectly to the sewerage system of the City ,-; --. of Columbus and provided that such charge shall be exacted, and collected before or upon the issuance of a permit to connect such property to the sewer system. That the charge so exacted shall be computed on dwellings, commercial and industrial units as computed by the City of Columbus for similar properties as established by Ordinance from time to time. That furthermore, the Village of Dublin, Ohio, agrees to pay to the City of Columbus, Ohio at three (3) month intervals one-third (1/3) of all such I charges so collected and further agrees to segregate and use the remaining \ two-thirds (2/3) of such charges for the purpose of payment of expenses ! incurred in carrying .out obligations of' the Village of Dublin, Ohio, under I paragraph (i) above and including the retirement of debt for its sanitary sewerage and sewage treatment system. That the City of Columbus, Oh~o I I likewise agr~es to segregate and use the aforesaid one-third of such charges I for the purposes defined in Section 1147.11, Columbus City Codes, 1959, and as amended. That nothing herein contained shall prohibit the Village of Dublin from pledging its portion of said charges to payor repay the cost of any sanitary I sewers hereinafter privately constructed to provide sewerage service to , any premises in the Village of Dublin in accordance with the terms of this I contract. ! ....-1 (k) That the said Village of Dublin, Ohio, agrees to establish a system of sewer service or connection permits and shall transmit copies of sewer service permits to the City of Columbus, Ohio, monthly and shall keep and maintain an accurate record of all premises connected with its sewers which record shall, upon demand, be made available to the City of Columbus, Ohio. (1) That the Village of Dublin, Ohio, agrees to furnish the Director of Public Service of the City of Columbus, Ohio all available information and data as to all sources of water supply other than the Division of Water of the City of Columbus, Ohio, which may now be in existence, or may later be i developed to serve premises within the Village of Dublin with such data and information, in the case of wells, to include the location, size, capacity I and depth thereof and further where such water supply discharges directly j or indirectly into the sanitary sewer system, said Village of Dublin shall require metering or other form of measurement, to be agreed to' by the said Director of Public Service of the City of Columbus. (m) That as soon as available, the Village of Dublin agrees to furnish to the City of Columbus copies of its location atlas maps showing the overall I ! sanitary sewer system and furnish additional copies as and when individual ! maps are changed or brought up to date. I I I I I I 1 ! , I ,. -- - 3 - ! i I I ,I i i - t., . .. .. .. . .. I ~ : ~ '" . . .~ " .... ._. ) .., 't ., I I , I II III ' , I 'I , .1 ' I II !' I I "--1 . . . . '. . . Section ;2 . - , - That the City of Columbus shall have the right and privilege beginning as (a) of'the effective date of this Agreement and providing that an appropriate Agreement for water service has been executed between the City of Columbus and the Village of Dublin, of billing directly against or of adding to water .bills rendered against premises within the Village of Dublin, Ohio, by the Division of Water of the City of Columbus, a charge or charges based on the applicable provisions of said Chapter 1147, Columbus City Codes, 1959, as enacted by Ordinance No. 291-66 passed February 21, 1966, which charge or J I charges may be changed in accordance with such rates as may be established from time to time for areas outside the corporate limits of the City of ) Columbus by subsequent applicable ordinances or amendments thereto of the I I Council of the City of Columbus, Ohio; proVided, however, and subject to ( the provisions of Section 1 of this Agreement, that in the event of any r0 such change, or in the event of any change in the charges now being made within the City of Columbus for similar services, the charges to premises in the Village of Dublin shall not at any time, exceed the charges duly established and collected at such time for premises within the City of Columbus, for similar sewerage service, plus fifty percent (50%) It is the intent of both parties hereto, to enter into an Agreement for . water service providing water service to all areas herein provided sewerage service, at such time as the City of Columbus has been able to extend mainline water supply to the Village of Dublin area, but during the interim period and until a water service contract has been executed, owners of individual properties or premises now provided with a private water supply may apply for a sewer service' connection to the City of Columbus Sanitary Sewerage System, in accordance with the provisions of the herein Agreement. In such case the amount ofJwater or other liquids discharged into the Sewer connection shall be measured by a meter or meters satisfactory to the City of Columbus Director of Public Service, with the installation of such meters to also be subject to the approval of said Director of Public Service. Meters may be procured through the Division of Water, City of Columbus, and such cost will be credited to the appropriate meter fees for water service when connected after the City of Columbus water becomes available to the I Village. In the event the Director determines it impractical to measure .--J the sewage flow by meters, the said Director of Public Service shall and may establish a formula and method of measuring the quantity of sewage discharged into the City of Columbus Sewerage System. The quantity of sewage determined as provided for in this paragraph shall be directly subjected to the rates of charge established in Chapter 1147, Columbus Codes, 1959, and to all other provisions of the herein Agreement. At the time water service is provided for such properties or premises, billing i for sewer service shall be as provided in the next above paragraph. i i I , (b) Notwithstanding the provisions of paragraph (a) of this Section, the City I of Columbus, Ohio agrees that in the event the City of Columbus should, subsequent to the date of this Agreement, agree to furnish like services to any other political subdivision for a lesser rate of charge or charges than established in said paragraph (a) of this Agreement, then and in that event the rate of charge or charges to the Village of Dublin, Ohio will ! be reduced to the same rate of charge or charges as may be established for the said "other political subdivision" with the provision during the life I of the herein Agreement, that such a reduction shall not apply for any ; period longer than established for the said "other political subdivision" I I and with the further provision that such a reduction shall not apply in ---~ I ; the case where the aforesaid "lesser rate of charge or charges" may be I ! ordered by a proper court having jurisdiction. ! J (c) Upon request of the Village of Dublin, Ohio. the City of Columbus agrees I ! I to include as a separate item under the billing authorized above. such I , surcharge as may be established from time to time by ordinance or regu- .' lation of the Village of Dublin, Ohio. Such surcharge shall be refunded --, '\ to the said Village of Dublin, Ohio semi-annually together with a verified report of the amount collected. (d) Tlie City of Columbus agrees that in the computation of charges made to users of sewerage service in the Village of Dublin. the same credits or adjustments shall be applied, as are now or may hereafter from time to time be applicable to users of such service in the City of Columbus, by reason of the non-entry into the sanitary sewers of water consumed by I -4- ) i i I j ....:1 ' , I 'I, ~ 'I I~ I' 4 ., ,""1 ..-lll." III,. ,"_.. ..... ... - I I l I; I II 1 ~ I I I II I 'I' I II I I I . . . ,. .. .' . . SUC9 users. Provided ~hat any fee within the City of Columbus to obtain . ,1 ,_ . ' - _. ~ucb cre~its or adjustments' may be increased by 50~ for users within the Village of Dublin, Ohio. '(e) The City of Columbus agrees that the Village of Dublin, Ohio, shall have the right and privilege to make charges independent of ~he requirements of 'Section 1 (j) and any funds collected from any charges of the type mentioned in Sec~ion 1 (j) . or any o~her charges shall not be subject to the division as es~ablished in Section 1 (j) except to the extent said charge is required by the terms of Section 1 (j) . . , or elsewhere in this contract. I . ) Section 3. That the City of Columbus agrees to construct an extension of its West Branch Upper Scioto Main Trunk Sanitary Sewer from its present terminus ( northward to the vicinity of Cosgray Ditch and also agrees to construct an I ~ extension of its East Branch Upper Scioto Main Branch Sanitary Sewer from its present terminus at Lane Road northward to the vicinity of Martin Rd. It is further agreed by the City of Columbus that the West Branch up to Tuttle Road and the East Branch up to Martin Rd will be constructed at its own cost and expense with no special charge to the Village of Dublin except for those normal charges already established hereinabove. It is stipulated by the City of Columbus that the plans and specifications for the aforesaid portions of the Upper Scioto West Branch Main Trunk Sanitary Sewer are almost complete, that right-of-way is in th~ process of procurement and that construction will begin no later ~han March 1, 1972 barring delays caused by natural calamities, strikes or o~her items beyond con~rol of the City. The .-, construction and extension of its Eas~ Branch Upper Scioto Main Branch Sanitary Sewer from its present terminus at Lane Road northward to the vicinity of Case Road will begin on or about 'January 1, 1972. Section 4. The City of Columbus fur~her agrees to cons~ruct that section of the West Branch Scioto Main Trunk Sanitary Sewer extending from the vicinity of Hayden Run Road nor~hward to the vicinity of Cosgray Ditch. As soon as the I cost of installing said Section is available, the City of Columbus shall certify , to the Village of Dublin, Ohio, the total cost of installing the West Branch I t Main Trunk Sanitary Sewer between Tuttle Road and Cosgray Ditch exclusive t of any monies obtained with "respect to this project by the City of Columbus ! .-J from ~he state or federal governmen~ wi~hout obligation for repayment. Said , , -, cost shall be apportioned to the acreage included in drainage dis~ricts Nos. 1, 2, 3 and C, totalling 11,665 acres, as such are shown and delineated on the attached map indentified as "Plat 6" and dated December 1961. I These districts include the acreage tributary to the main trunk sewer in the i vicinity of Tuttle' Road and located within the tributary design area for ! said sewer at that point. The Village of Dublin shall exact and collect a proportionate part of the cost of said certified cost from owners of land within these districts. The amount exacted and collected shall be determined by I dividing the certified cost by 11,665 acres and then multiplying that cost per I i acre times the number of acres for which sewer service is requested. Such I charge shall be exacted and collected at the time of the issuance of a permit to connect such property to the sewer system. The Village of Dublin agrees I to pay to the City of Columbus a~ three-month intervals all such charges so I collec~ed but no~ ~o exceed a fixed amount per year based on the aer~ified cost of constructing ~he trunk sewer less any monies obtained wi~h respect to this project by the City of Columbus from the state or federal governmen~ without obligation for repayment, plus interest on the sale of bonds up ~o 100% of the actual bond amount divided by 30 years, it being s~ipulated by both parties that financing by the City of Columbus will be arranged by the sale of 30 year bonds. Any monies collected by ~he Village of Dublin from , land owners as provided above in excess of the amount immediately necessary to , I make this fixed maximum yearly paymen~ to the City of Columbus may be in- J vested by the Village of Dublin, Ohio. Any in~erest or revenues earned by ~ J the investment of such surplus shall be the sole property of ~he Village of -- Dublin free from any claim on the part of the City of Columbus. The obligation of the Village of Dublin, Ohio, under this section shall cease when it has collected and paid over to the Ci~y of Columbus an amount equal to the certified cost of installing the lIest Branch Main Trunk Sanitary Sewer between Tuttle Run Road and Cosgray Ditch, exclusive of any monies ob~ained with respect to this project by the City of Columbus from the state or federal government withou~ obligation for repayment. The Village or Dublin shall have the right to connect its sys~em to this section of the trunk sewer at any location. -5- j I : I ~ ,,:4: ~ 1, .,~ '':'' ;,.', ~ ~!' 1 , :1 -~-'-- -', , ,. ... .. ~ . J. . -- _.' -- . ,f I .'1'. ,. ,\ 11'.' " ".1,., -,LI.., .11 " I I II ' '1'1' I . I II I : I : I II I, I I .~ .- , :l ...... . . . - i ~ - . . . l .. - . . 1 If pt some future date. the Village of Dublin is disconnected from the I .Col~us s~wer system and if they have reimbursed the City of Columbus for I . th~t section of the sewer between T~ttle. Road and Cosgray Ditch, they j ~hall'have the right to full use of said section after expiration of the contract and forever. . -The granting of the right of the Village of Dublin to use the section of the trunk sewer from the Cosgray Ditch to Tuttle Road, a~er the ex- piration of this contract, shall not be construed and is no~ intended by the , parties to grant to the Village of Dublin~the right to use any other portion ! of the Columbus sewer system, after the expiration of the term of the contract, ~"-;...,, without paying compensation to the City of Columbus. ( If, after termination of this Agreement tho:Village of Dublin is still ,; '.. connected to the Columbus sewer system at Tuttle Road and there has not been an ,.. ~ agreed upon extension of this Agreement, or a new Agreement has not been con- summated, the Village of Dublin hereby agrees to pay the City of Columbus such fees and charges for continuing use of the Columbus sewer system as is then in i , effect for other non-contracting municipalities, said payments continuing until i ! a contractual Agreement is formally adopted by the Councils of both the Village of Dublin and the City of Columbus. j Section 5. It is mutually agreed between the parties hereto that location 1 I and apportionment of cost of the extension of the East Branch Upper Scioto .,~J Area Main Trunk Sanitary Sewer from the vicinity of Martin Rd.northward to the vicinity of State Route No. 161 is not included in this Agreement. Both parties pledge themselves to consider, establish the conditions of and execute a supplementary Agreement when needed service to the Village area located east of the Scioto River is well enough defined to permit a proper approach. I i Section 6. That the Village of Dublin, Ohio further agrees that during the ~ : \ effective period of this Agreement, the City of Columbus, Ohio shall have the '. i right to enter into and within the corporate limits of said Village of Dublin, 'J Ohio for all purposes of this Agreement and for the further purpose of con- I struction within the individual design-tributary area of any extensions to I the sewer system of the Village of Dublin, Ohio and constructing any other . main sewers which, on the basis of sound engineering principles, may be deemed J necessary by the Director of Public Service of the City of Columbus, Ohio, to ~ build up an ad~quate sewer collector system in the entire area to be serviced '. - by the City of Columbus, Ohio, including but not being limited to the corporate area of the Village of Dublin, Ohio. The plans and specifications for the con- struction of such sewers shall be submitted by the City of Columbus to the , Village of Dublin, Ohio for approval from an engineering and location stand- I point. Such approval or rejection supported by engineering reasons therefor, shall be made by the said Village of Dublin, Ohio within thirty (30) days after the said plans and specifications have been submitted for final approval by the City of Columbus, Ohio. In the case where no approval or disapproval is made by the Village of Dublin within the said thirty (30) days, the City of Columbus t , may proceed with construction, without prejudice, in full conformity with the i i plans and specifications so submitted and not acted upon by the Village of I Dublin subject however to legal requirements governing the need for proper easements where the said sewers will be located on private property. In the I case where said plans and specifications are disapproved from an engineering I or location standpoint by the Village of Dublin within the said thirty (30) days, i such disapproval shall be made in writing and the engineering reasons for dis- I I approval definitely established. The City of Columbus pledges itself to construct such sewer extensions at its own expense and, insofar as possible, to restore distrubed areas to J a reasonably equal condition in which they were found prior to such construction.. , The City of Columbus will and shall have the right to preserve, maintain, , i operate, replace and repair any such sewers. During the life of this contract, ~ the Village of Dublin, Ohio shall have the right to connect any main sewers i . of its own collector system to any such aforementioned sewers, including those - sections of sewers mentioned in Section 4 above, subject to the requirement that the flow from the said Village of Dublin main sewers is not contributed by areas outside the individual tributary-design area of the said main sewers constructed by the City of Columbus and further subject to the requirement that such connections shall be made under the supervision of the Chief Sewerage Engineer in such manner as he shall approve and in full conformity with all i other provisions of this Agreement. I , -6- I ! .~ ~. --- ~.- . !l' n I' 0, r I >F I I If 1--1'";"-:- .: I~I, " " rt'1r' n I ...~-. .,',- .,._-'--',-. .-- , - . -- .- ~-'--- - _._~:" t .. 'I I 11 I II I I II r. 'I' I II I I I ;,~. , , " ~ r . . - \'~ .. , . J - . . . .. .. . , . . ..: ; ~ ;----7-', ' ",.'. ~, ,)'<, ..' Section~. That the Village of Dublin, Ohio further agreesfthat~the City of . ~ . Columnus.~ay.connect any se~er to the, ~ewerage system of the Village of Dublin '. ,\. , . , Q;fl:e,:o, sublni~sion of the plans and specifications therefor to the Village of ., Dublin in accordance ~ith the provisions of Section 6 above and p~ovided that .. such sew~r connections by the City of Columbus do not serve areas outside the tributary-design areas of the Village of Dublin sewer system. , .' . ' , \, The City of Columbus, Ohio, agrees that for all properties and premises within Columbus connected into such sewers or connections, that it shall, Reimburse the Village of Dublin for ~he oversizing of that section ., of the se~er system built by the Village of Dublin on the basis of , /- I ; an estimate of the differential in cost of that section of the , to.; system involved, to be agreed upon prior to approval of plans. l I I ~ ~. ( 1: . Section 8. That this Agreement shall be effective as of December 1,1971, and , .f ., , I shall remain in effect until and through December 31, 1996, subject to,carlier .. i termination or to revision, or properly authorized modification, or to renewal ,..: upon mutual agreement of the parties hereto and shall supersede and cancel any ( . I and all previous Agreements concerning sanitary sewerage service between the I parties hereto. , ' I , I : I Section 9. That if any portion of this Agreement proves to be invalid or . unconstitutional, the same shall not be held to invalidate or impair the 'j validity, force or effect of any other portion of this Agreement unless it : j clearly appears that such other portion is wholly or necessarily dependent for its operation upon the portion so held invalid or unconstitutional. :/1 'll.J...~ Section 10. That failure on the part of either party of this Agreement to faithfully discharge its obligations and responsibilities hereunder, either in ~hole or in part, shall vest in the other'party to the Agreement the right to terminate same, effective sixty (60) days after written notice of' such failure 1 and the intent to terminate is filed by such party with the offending party, provided that the offending party shall have the right to correct the said I failure to faithfully discharge its obligations and responsibilities and upon ; demonstration thereof such notice of cancellation shall not be effective and I ) this Agreement shall remain in full force and effect. 1 ---.J IN WITNESS WHEREOF, t4e parti~\hereto have set thei~ hands on this --I I day of ~ o-~ ,19. I I I i THE CITY OF COLUMBUS, OHIO i (Party of the First Part) I I . ~~ i i - I , _ R OF PUBLIC SERVICE Approved as to form: I i THE VILLAGE OF DUBLIN, OHIO (Party of the Second Part) ~~-f7h.J2.. - S~l.J.,c~toI!,. .... .--..' By Vf7Jlt; Ohio I By /" . t ~~ .' j I 4 , City Attorney, f J. Columbus, Ohio .' . 1 I JJT:jhl I I i 12/21/70 i I -7- / / l t; :'r) .~-- i/l:' ..., 'I .' I ell' II .. 11- I rl~:- ":., [":'".; ""!t ,. II. ,.. _,.. ,.. . .