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40-82 Ordinance - RECORD OF ORDINANCES 289 National Graphics Corp., Cols.. 0.. ~ Form No. 2806-A Ordinance NO._m_q_(L~_i_2 p assed_________________n__________nn_______n_____n_19 _____. -- AN ORDINANCE TO APPROVE AND ACCEPT AMENDMENTS TO THE SEWERAGE SERVICE AGREEMENT WITH THE CITY I OF COLUMBUS, OHIO. WHEREAS, since the original Agreement dated October 4, 1971, did not include areas which have subsequently been annexed to the Village of Dublin, Ohio and; WHEREAS, the City of Columbus is willing to amend the Agreement to include these areas: NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, ." of the elected members concurring: SECTION 1. That the Amendments to the Sewerage Service Agreement, hereto attac ed and marked as Exhibit "A" are hereby approved and accepted. SECTI ON 2. That the Mayor and Village Manager be, and they hereby are, auth- orized and directed to execute,said amendments on behalf of the Village. SECTION 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ~ day of en- ' 1982 I . ATTEST: ~'(fl. ~/ CIerI< of Co ci Sponsor: Village Manager I L'y/,j/-r- ,., " ~,. AMENDED SEWERAGE SERVICE AGREEMENT VILLAGE OF DUBLIN, OHIO WHEREAS, the City of Columbus, Ohio, and the Village of Dublin, Ohio, entered into a Sewerage Service Agreement on October 4, 1971, providing for the discharge, by the Village of Dublin, Ohio, of sewage, industrial wastes, water or other liquid wastes, into, and the transportation, , pumping and treatment of the same by the Sewage System and Sewage Treat- ment Works of the City of Columbus, Ohio, for a period expiring by the terms of the Agreement on December 31, 1996; and, ,--'l WHEREAS, it is the determination of the parties hereto that the terms and provisions of Section 1, paragraph (g), Section 3, Section 4 and Section 7, of that Agreement shall be changed as hereinafter provided, now, therefore: Section 1. (g) That, subject to Sections 6 & 7 hereinafter, the Village of Dublin agrees to prohibit the discharge of sewage, industrial wastes, water or other liquid wastes into its sanitary 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 Amended Agreement. Provided, however, that in the case of premises within the area identified as "Area B" on the map attached hereto, the Village of Dublin, Ohio, may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into the sanitary sewers within the said Village of Dublin, Ohio, when and after such premises within said "Area B" become formally annexed to the Village of Dublin, Ohio. Provided further that, in the case of premises within the area identified I as "Area C" on the map attached hereto, the Village of Dublin, Ohio, may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into the sanitary sewers within the Village of Dublin, Ohio, when and after said premises within said "Area C" become formally annexed to the Village of Dublin, Ohio, and if, and only if, said part of said premises to be served in "Area C" are proposed to be developed along with premises in "Area B" as a single planned community under common contract and ownership and when and if, and for so long as said c01llll1on premises in "Area B" and "Area C" shall have been so zoned as to provide for a maximum gross density of twelve (12) persons per acre, according to pro- jections made from statistics available and considered generally ac- ceptable as of the time of said zoning. This provision shall not limit the right of the Village of Dublin, Ohio, to provide sewerage service to premises within "Area B" not developed under connnon contract and ownership with the premises within "Area C". The Village of Dublin, Ohio, rights to provide sewerage service to premises within "Area B" which are developed independently of premises within "Area C" will be governed by the provisions as outlined in the first paragraph of this Section. It is further provided that upon and with specific written approval of the Director of PubliC Service of the City of Columbus, Ohio, other premises within areas which subsequently become formally annexed to the said Village A- of Dublin, Ohio, may also be granted the right to discharge sewage, in- dustrial wastes, water or other liquid wastes into the sanitary sewers within the Village of Dublin, Ohio. Section 3. That the City of Columbus agrees to construct an extension of its West Branch Upper Scioto Main Trunk Santiary Sewer from its present terminus northward to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn. It is further agreed by the City of Columbus that this extension I of the West Branch Upper Scioto Main Trunk Sanitary Sewer to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn will be constructed at its own, cost and expense with no special charge to the Village of Dublin, Ohio, "'-..... except for those normal charges already established in this Agreement. Section 4. The City of Columbus, Ohio, further agrees to construct the extension of the West Branch Upper Scioto Main Trunk Sanitary Sewer from its present terminus northward to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn as soon as funds for installing said West Branch Upper Scioto Main Trunk Sanitary Sewer become available, barring delays caused by natural calamities, strikes or other items beyond the control of the City of Columbus, Ohio. Section 7. That the Village of Dublin, Ohio, agrees that the City of Columbus, Ohio, may connect any sewer to the sewage system of the Village of Dublin, Ohio, after submission of the plans and specifications there- fore to the Village of Dublin, Ohio, in accordance with the provisions of Section 6 of this Agreement and provided that such sewer connections by the City of Columbus, Ohio, do not serve areas outside the tributary- design areas of the Village of Dublin, Ohio, sewer system. It being further agreed and understood by the parties that all other terms, t covenants, conditions and provisions of the current Agreement shall remain in full force and effect until or unless changed by further and additional Amended or Supplemental Agreements. IN WITNESS WHEREOF, the parties hereto have set their hands on this day of , 1982. THE CITY OF COLUMBUS, OHIO By Director of Public Service By By Manager Approved as to form: Law Director, Village of Dublin, Ohio ~,- City Attorney, Columbus, Ohio . . ! Ly"j/~- " ..... \ A' " AMENDED SEWERAGE SERVICE AGREEMENT VILLAGE OF DUBLIN, OHIO WHEREAS, the City of Columbus, Ohio, and the Village of Dublin, Ohio, entered into a Sewerage Service Agreement on October 4, 1971, providing I for the discharge, by the Village of Dublin, Ohio, of sewage, industrial wastes, water or other liquid wastes, into, and the transportation, pumping and treatment of the same by the Sewage System and Sewage Treat- ment Works of the City of Columbus, Ohio, for a period expiring by the terms of the Agreement on December 31, 1996; and, WHEREAS, it is the determination of the parties hereto that the terms and provisions of Section 1, paragraph (g), Section 3, Section 4 and Section 7, of that Agreement shall be changed as hereinafter provided, J now, therefore: Section 1- . (g) That, subject to Sections 6 & 7 hereinafter, the Village of Dublin agrees to prohibit the discha~ge of sewage, industrial wastes, water or other liquid wastes into its sanitary 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 Amended Agreement. Provided, however, that in the case of premises within the area identified as "Area B" on the map attached hereto, the Village of Dublin, Ohio, may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into the sanitary sewers within the said Village of Dublin, Ohio, when and after such premises within said "Area B" become formally annexed to the Village of Dublin, Ohio. Provided further that, in the case of premises within the area identified .1 as "Area C" on the map attached hereto, the Village of Dublin, Ohio, may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into the sanitary sewers within the Village of Dublin, Ohio, when and after said premises within said "Area Cn become formally annexed to the Village of Dublin, Ohio, and if, and only if, said part of said premises to be served in "Area C" are proposed to be developed along with premises in "Area B" as a single planned conununity under conunon contract and ownership and when and if, and for so long as said common premises in "Area B" and "Area C" shall have been so zoned as to provide for a maximum gross density of twelve (12) persons per acre, according to pro- jections made from statistics available and considered generally ac- ceptable as of the time of said zoning. This provision shall not limit the right of the Village of Dublin, Ohio, to provide sewerage service to premises lid thin "Area B" not developed under common contract and ownership lIdth the premises within "Area C". The Village of Dublin, Ohio, rights to provide sewerage service to p~emises lIdthin "Area Bn which are developed independently of premises within "Area C" lIdll be governed by the provisions as outlined in the first paragraph of this Section. It is further provided that upon and lIdth specific written approval of the Director of Public Service of the City of Columbus, Ohio, other premises lIdthin areas which subsequently become formally annexed to the said Village .i't~'i')';'i,;,j7:>,. ~~:4-l'.Jili~"'" , ~":~ - n _"{<&"\;,. - _ - __ " _ -";>";>' '..' \ of Dublin, Ohio, may also be granted the right to discharge se~age, in- dustrial ~astes, water or other liquid wastes into the sanitary sewers within the Village of Dublin, Ohio. Section 3. That the City of Columbus agrees to construct an extension of its West Branch Upper Scioto Main Trunk Santiary Sewer from its present terminus northward to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen I Lynn. It is further agreed by the City of Columbus that this extension of the West Branch Upper Scioto Main Trunk Sanitary Sewer to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn will be constructed at its own cost and expense with no special charge to the Village of Dublin, Ohio, except for those normal charges already established in this Agreement. Section 4. The City of Columbus, Ohio, further agrees to construct the extension of the West Branch Upper Scioto Main Trunk Sanitary Sewer from its present terminus northward to the vicinity of the northerly property 1 line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn as soon as funds for installing said West Branch Upper Scioto Main Trunk Sanitary Sewer become available, barring delays caused by natural calamities, strikes or other items beyond the control of the City of Columbus, Ohio. Section 7. That the Village of Dublin, Ohio, agrees that the City of Columbus, Ohio, may connect any sewer to the sewage system of the Village of Dublin, Ohio, after submission of the plans and specifications there- fore to the Village of Dublin, Ohio, in accordance with the provisions of Section 6 of this Agreement and provided that such sewer connections by the City of Columbus, Ohio, do not serve areas outside the tributary- design areas of the Village of Dublin, Ohio, sewer system. It being further agreed and understood by the parties that all other terms, covenants, conditions and provisions of the current Agreement shall remain I in full force and effect until or unless changed by further and additional Amended or Supplemental Agreements. IN WITNESS WHEREOF, the parties hereto have set their hands on this Z 0 +1, day of JUt. Y ,1982. I I 10 . By By , a~.Iorm' . > . ci::::>/, I Law V AUG 2 4: 198 ~';'''~'''';t~,i'-'~'" ..l.c<,Si.c;,City Attorney, Columbus, Ohio ,""'.. ~.,' :iijf;;il,;$:ii'~~'-;':- ',,' ", ," ' :-:'- .. -.---.-.-.-.--.---.---. . ..--.-----.-.-. ---.-- ~:~t~:IJ... ":~i$.:~''.-.;:;,f.....:.,~~~~;: ~ '. ~j>~_ii~;i;..:~' ~..~~.i.~.:(..;:.. .. ~~ .. '. .... ........,..;.~... .~n'; ~ ,~. ~""'"'!".:.r,.. ......I.IC~I. '" 4'. ~.;;;-.':'~ ~ ~~:.;~ ""~ ........;,;.."S~~_~ ." .' ~".""" ,'." '!iii .. ". ~"; .,...'\-.....;...~!',-,:. ..,.:,'--',. ... f:r3 . , . . 'J>...;' " ..,~, II ~ ~ 1\ ~, - ~...( ,.~~. P.*t- .!.\....<I\,/".~. .~tl: ,. "'RiM' ....~iil...,-l .. '.. .,;,.. "~ '. ,.;.: 'j.:, : .a:.~:J'?:'. .', ~';<I:_ tIii' ~Jl\ . '~":',: :<:1,~ '. _.;. l'it. .;)'.,~:;l\1"~'li(t '!1~,~:",:N -.'_ . ~~~~~~~y...~"~~f.) :~'! ".~~ :S;.:~~~~'i...~ ~~~!I~: ~~;:? . (f'J,...., . " .;:.~,.... ,,'.' -r~,~~."1!~,,. ;.ll~4; '~,<:. :~;; e. '. . .,~.::.:, ':.~~~:'~~~>;~~?f;~:',.'~ ..-....s.,..,...Jt .""1olO'" '~l.~)''''',f''''''''l;':'''''-.' .... - .-.~~, .f.:"1\'~ ~,,"- ~,;:~~. ~:;.~i~~;;;.~~~~~;,~7.-!~~~~ .:i;;;~~' '. ". -".,' .' - . .' . 'j ~c; .~.~~_ . .. .... ~lf. ,. ,'f; ~.j ;" ~;:,~1.Y -:}~!~t.:?t~l~; ..' ~ : /~';:~:-;~:': }I "~ ,:.:O:':'-:;.:,~;i) <.;;" ~<if .:; ;;~~~~~~'::'. :o~~o;.; ..;,;:,.... ~;~: ;~'ti~Slf,'; ... , . .., '~'~:'::""" ~. .' ~ ;'~,. ""'!'!l~'"",~Ii,","""<'h'" .:1'1'" . . ~ .... 0 ~0Jr~~ - ....'t} ~ r.~'T"" .., '_ ~ , ~ ~..~... .' ... . ~_. . "1D"~^';~-'-"'~''"'' ,"'~ Are.-B- ;.1<,..<>.-." ..~.. ..'. .b'. ,:,"0. -. ..l~ -C:G,,-tr ~ r.~.)...c,.J~ .' )'t"-I, ,>-"" ~ ", )..'""~o1i,I'l:..f :-0:....... '.,,,"~ ~'. '. .'~".".' 'r': ~ ~,...____Wil.M.,.,~J~.,n~"",_ - -..-::~l~ It:. :+. _ -It ". a:v; ., "": :,~:'I'.:.'iJ~;:i"'" . .";"~~~'lj~\f;..:'t~'~...J'~-' ' ..:-~:'. .;i3~:.i:'" '~:"~ .',. h:'-"'''\~'''&''''''~ Are.:C~_~~~~. I i :}::;11Iil.~s::Lfr:y:;: ... r' ~ l~ f -1 ~ L l~ &y/,j,~ " \ /l " " . . AMENDED S~ERAGE SERVICE AGREEMENT VILLAGE OF DUBLIN, OHIO . WHEREAS, the City of Columbus, Ohio, and the Village of Dublin, Ohio, entered into a Sewerage Service Agreement on October 4, 1971, providing for the discharge, by the Village of Dublin, Ohio, of sewage, industrial I wastes, water or other liquid wastes, into, and the transportation, pumping and treatment of the same by the Sewage System and Sewage Treat-- mentWorks of the City of Columbus, Ohio, for a period expiring by the terms of the Agreement on December 31, 1996; and, WHEREAS, it is the determination of the parties hereto that the terms and provisions of Section 1, paragraph (g), Section 3, Section 4 and Section 7, of that Agreement shall be changed as hereinafter provided, J now, therefore: Section 1. . (g) That, subject to Sections 6 & 7 hereinafter, the Village of Dublin agrees to prohibit the discharge of sewage, industrial wastes, water or other liquid wastes into its sanitary 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 Amended Agreement. Provided, however, that in the case of premises within the area identified as nArea B" on the map attached hereto, the Village of Dublin, Ohio, may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into the sanitary sewers within the said Village of Dublin, Ohio, when and after such premises within said "Area B" become formally annexed to the Village of Dublin, Ohio. I Provided further that, in the case of premises within the area identified as "Area C" on the map attached hereto, the Village of Dublin, Ohio, may grant the right to discharge sewage, industrial wastes, water or other liquid wastes into the sanitary sewers within the Village of Dublin, Ohio, when and after said premises within said "Area Cn become formally annexed to the Village of Dublin, Ohio, and if, and only if, said part of said premises to be served in "Area C" are proposed to be developed along with premises in "Area B" as a single planned community under common contract and ownership and when and if, and for so long as said common premises in "Area B" and "Area C" shall have been so zoned as to provide for a maximum gross density of twelve (12) persons per acre, according to pro- jections made from statistics available and considered generally ac- ceptable as of the time of said zoning. This provision shall not limit the right of the Village of Dublin, Ohio, to provide sewerage service to premises within nArea B" not developed under common contract and ownership with the premises within "Area C". The Village of Dublin, Ohio, rights to provide sewerage service to premises within "Area Bn which are . developed independently of premises within "Area Cn will be governed by the provisions as outlined in the first paragraph of this Section. It is further provided that upon and with specific written approval of the Director of Public Service of the City of Columbus, Ohio, other premises within areas which subsequently become formally annexed to the said Village . I I of Dublin, Ohio, may also be granted the right to discharge sewage, in- dustrial wastes, water or other liquid wastes into the sanitary sewers wi thin the Village of Dublin, Ohio. Section 3. That the City of Columbu.s agrees to construct an extension of its. West Branch Upper Scioto Main Trunk Santiary SeW'er from its present terminus northward to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn. It is further agreed by the City of Columbus that this extension I of the West Branch Upper Scioto Main Trunk Sanitary Sewer to the vicinity of the northerly property line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn will be constructed at its own cost and expense with no special charge to the Village of Dublin, Ohio, except for those normal charges already established in this Agreement. Section 4. The City of Columbus, Ohio, further agrees to construct the extension of the West Branch Upper Scioto Main Trunk Sanitary Sewer from its present terminus northward to the vicinity of the northerly property 1 line of the parcel of ground presently owned by Homer S. Lynn and his wife Eileen Lynn as soon as funds for installing said West Branch Upper Scioto Main Trunk Sanitary Sewer become available, barring delays caused by natural calamities, strikes or other items beyond the control of the City of Columbus, Ohio. Section 7. That the Village of Dublin, Ohio, agrees that the City of Columbus, Ohio, may connect any sewer to the sewage system of the Village of Dublin, Ohio, after submission of the plans and specifications there- fore to the Village of Dublin, Ohio, in accordance with the provisions of Section 6 of this Agreement and provided that such sewer connections by the City of Columbus, Ohio, do not serve areas outside the tributary- design areas of the Village of Dublin, Ohio, sewer system. It being further agreed and understood by the parties that all other terms, I covenants, conditions and provisions of the current Agreement shall remain in full force and effect until or unless changed by further and additional Amended or Supplemental Agreements. IN WITNESS WHEREOF, the parties hereto have set their hands on this Z 0 +/, day of :Tv" Y , 1982. I 10 . By By . ~0 fo...' .. ::::i::::>/ . . Law V 'J,:'X" ."' ~ .~~Bif~ifity Attorney, Columbus, Ohio