135-92 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance N 0 .---~~-~--:~-~---- Passed__________m_m________ - _____19______
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT
r- ON BEHALF OF THE CITY OF DUBLIN, OHIO,
WITH THE CITY OF COLUMBUS, OHIO
L WHEREBY COLUMBUS WILL PROVIDE WATER
SERVICES TO THE CITY OF DUBLIN, AND
j
DECLARING AN EMERGENCY
WHEREAS, the City of Dublin and the city of Columbus, after
extensive discussions and negotiations have reached an agree- I
I
ment as to a long term water contract entitled "Water Service
Agreement"; and
WHEREAS, an emergency exists in that the execution of this
contract will provide not only for the long term water service
needs for the citizens of Dublin, but also the ability of both
Columbus and Dublin to continue to grow in an orderly manner,
for the immediate preservation of a public health, safety and
welfare. I
I
NOW, THEREFORE, BE IT ORD~NED, by the Council for the City of \
Dublin, State of Ohio, members concurring that:
section 1. The City Manager is hereby authorized and
directed to execute the Water Service Agreement between the
City of Columbus and the City of DUblin, which is attached
r hereto and incorporated herein.
f section 2. For the reasons stated in the preamble hereto,
\... which is hereby made a part hereof, this Ordinance be and the
same hereby is declared to be an emergency measure necessary
for the public health, safety and welfare, and therefore shall
take effect and be in force immediately upon its passage.
Passed this q~ day of ~ , 1993.
ATTEST:
~(L~ ~A
Clerk of Council
r
..
I
....
I hereby certify that COllies of this Ordinante/b,vH;M1 were posted in the
City of Dubl'n in accordance with Section 731.25 of the Ohio Revised Code.
~~.(lJ~
Clerk of Coundl. Dublin, Ohio
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CONTRACT
BETWEEN THE CITY OF COLUMBUS
AND
THE CITY OF DUBLIN
WATER SERVICE AGREEMENT
This Contract made pursuant to Ordinance l?>S- Gfe02 ' passed
~, and approved by the City of Dublin, Ohio, authorizing an~directing
i its ci ty Manager to enter into this Contract and pursuant to
I Ordinance 2693-9~ 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 said City of Columbus, Ohio, a municipal corporation,
and the City of Dublin, Ohio, a municipal corporation this --13:Lb day
of ~ril , 1993.
WITNESSETH:
Section 1. The City of Columbus shall, for the consideration
hereinafter stated, furnish to the City of Dublin or its successors
through annexation or appropriation and the inhabitants thereof,
surplus water from the municipal water system of the said City of
Columbus for the term of years hereinafter described.
The term of this agreement will commence on February 1, 1993
and shall remain in full force and effect until midnight of
February 1, 2043. Unless written notice is given by either party
to the other at least ten years prior to February 2043, the
agreement shall remain in effect for an additional, three year
period. In the same manner, this agreement with any amendments
thereof shall remain in effect from three-year term to three-year
_~ term thereafter, subject to termination at the expiration of any
such term upon written notice given by either party to the other at
t the expiration of the previous three-year term. Written notice of
-J the intent to terminate this agreement must be given to the
Director of Public utilities for the City of Columbus or the city
Manager of the City of Dublin.
Section 2. Such water supply aforementioned shall be the sole
supply and be furnished from the water distribution system of the
City of Columbus to said City of Dublin and the inhabitants thereof
through the water distribution system of the City of Dublin as the
same is developed and extended during the life of this Contract,
except as provided in Section 4 hereafter.
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The City of Dublin shall have the further right to connect its
water lines to any water mains subsequently installed by the city
of Columbus within, or adjacent to, or reasonably close to the
corporation lines of the city of Dublin; provided, that the
Director of Public utilities to the City of Columbus may refuse
such rights when in his 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.
The City of Columbus may make such connections between said
",... system as is necessary to maintain pressure which will provide an
adequate supply of water for consumpti ve demands and for fire
protection. Nothing contained herein, however, shall be construed
- so as to hold the city of Columbus liable for lack of adequate
water supply and pressure within the corporation limits of the City
of Dublin, Ohio nor due to any inadequacy of the water supply of
the distribution system of the City of Columbus.
The city of Columbus reserves to itself the right to make any
actual connection to its water lines and/or chlorinate all water
lines connected directly or indirectly to its water line and, in
such event, the City of Dublin shall pay the actual cost of labor
and materials plus twenty-five percent with respect to lines
designated solely to service the City of Dublin and its
inhabitants.
Notwithstanding the foregoing limitation and the exclusive
right of Columbus to chlorinate all water lines connected directly
or indirectly to its water lines, the City of Dublin may, at its
option, make such connections providing the labor and materials
therefore.
The City of 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 the
City of Columbus is deemed necessary and shall be in the exclusive
control of the City of Columbus and to each of these bodies within
-'0WIIil their specific authority. The city of Columbus is not subject to
any requirements of the City of Dublin, whether through said city
of Dublin's electorate, executive, legislative or administrative
bodies, to add or delete chemicals to the water supply.
The City of Columbus agrees that during the term of this
Agreement it will use its best efforts to provide such services to
the city of Dublin so as to allow Dublin a reasonable and orderly
growth and development of its geographic boundaries within the
designated contract service area as identified on Exhibit A
attached hereto and made a part hereof. It is expressly understood
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and agreed by the parties hereto that the intent of this assurance
is that in consideration for the City of 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
the City of Dublin within such contract boundaries.
In the event Columbus and Dublin agree that Columbus is unable
to meet the current and future water supply needs of the City of
DUblin, in accordance with commonly accepted engineering standards,
~ then the city of Dublin shall have the right to explore and, if
necessary, utilize other sources of water in order to continue to
supply the water needs for Dublin subject to other terms of this
- Agreement and further provided such other water supply sources
shall be owned and operated by a governmental entity which has a
treatment capacity of not less than 2,000,000 gallons per day
unless otherwise approved by Columbus. In the event Dublin does
obtain a water supply source other than Columbus, pursuant to the
terms of this Agreement, then under no circumstances shall Dublin
permit such other supply to be connected in any manner to the water
system supplied to Dublin by Columbus.
The City of Columbus may construct and maintain such elevated
storage facilities as it deems necessary within the City of Dublin
water service area to serve the total distribution system with
approval of the City Manager of the City of Dublin of the site
selected by the City of Columbus. In the event the City of Dublin
constructs and maintains its own elevated storage facilities,
special control devices may be installed by the City of Dublin with
the approval of the Director of Public utilities of the city of
Columbus to prevent loss of emergency reserves and fire storage for
areas inside the Dublin corporate limits. 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 Contract, the City of
__ Columbus shall at its own expense maintain the water main
distribution system of the city 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 fire hydrants,
storage tanks and vault structures for pressure reducing valves
shall not be considered a part of the water main distribution
system. 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 the City of Columbus shall
therefore be limited to a number of repairs equivalent to one-
hundred and fifty (150%) percent of the average repair rate for the
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entire Distribution System maintained by the City of Columbus.
This number, the Equivalent Maintenance Ratio (EMR), shall be
defined for any given year as 150% of the total length of water
mains in the City of Dublin's distribution system, divided by the
total length of water mains maintained by the city of Columbus, and
mul tiplied by the total number of water main repairs completed
during the previous year on the total length of water mains
maintained by the City of Columbus. This calculation rounded to
the nearest whole number shall be the EMR for any given year. All
repairs made by the ci ty of Columbus on the ci ty of Dublin's
-- distribution system in excess of the EMR shall be paid for by the
City of Dublin at actual cost of labor and material plus twenty-
five percent.
-
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
the City of 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 the City of Dublin under the supervision of the Division
of Water of the City of Columbus.
section 4. The water supply aforementioned shall be
restricted for usage within the corporate limits of the City of
Dublin and those areas designated as the New Dublin Water Contract
Boundary and the Dublin Exclusive Expansion Area identified on
Exhibit A attached hereto and incorporated herein by reference;
provided however, that properties to which water supply services
are to be made available first must be annexed to the city of
Dublin during the period of this contract.
~ section 4.1. Dublin and Columbus both recognize the need for
future growth in order for both communities to continue to prosper.
In consideration of the foregoing, the parties further agree as
__ follows:
(a) Included within Exhibit A, are areas delineated as "New
Dublin Water/Sewer Contract Boundaries," "Dublin Exclusive
Expansion Area," and "Columbus Exclusive Expansion Area." The
parties agree that as to areas located wi thin either the "New
Dublin Water/Sewer Service Contract Boundaries" or the "Dublin
Exclusive Expansion Area," water services shall be restricted to
properties lying withing the Dublin corporate limits. As to
properties located within the area delineated as the "Columbus
Exclusive Expansion Area," water services shall be restricted to
properties which lie within the corporate limits of the City of
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properties which lie within the corporate limits of the City of
Columbus. The parties also acknowledge that unincorporated areas
within Exhibit A will become eligible for water service pursuant to
this Agreement upon annexation to Dublin or Columbus during the
period of this Agreement provided that such annexed properties lie
wi thin the aforementioned contract boundary or expansion areas
applicable to each respective party established in Exhibit A. It
is also agreed that expansion adjustment or modification of the New
Dublin Water/Sewer, Contract Boundaries, Dublin Exclusive Expansion
Area and Columbus Exclusive Expansion area shall be reviewed by
~ both parties at least every five years, or sooner, upon a showing
of good cause in writing delivered by either party to the other.
- (b) The parties agree that it is in their mutual best
interest to designate part of the area set forth in Exhibit A as a
"negotiated Expansion Area." Both Columbus and Dublin agree that
the Negotiated Expansion Area shall constitute a shared future
growth area for both parties. Further, the parties agree that
neither party shall initiate or accept any annexation of the
property situated within the aforementioned Negotiated Expansion
Area, without the mutual agreement of the Columbus and Dublin City
Councils. It is also agreed that expansion, adjustment or
modification of the Negotiated Expansion Area shall be reviewed by
both parties at least every five years, or sooner, upon a showing
of good cause in writing delivered by either party to the other.
(c) 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 Dublin of properties located outside the
New Dublin Water/Sewer Contract Boundaries 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.
Subject to the provisions contained herein, Dublin may accept
such annexation outside Exhibit A area if approved by the
appropriate county Board of commissioners, only if the property
sought to be annexed to Dublin is planned and zoned as low density,
residential development and not to be rezoned for the purposes of
more intensive development or if the property sought to be annexed
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to Dublin is to be served by a centralized water system and
centralized sewer system publicly owned, treatment works other than
those of the City of Dublin or Columbus which has a capacity of not
less than 2,000,000 gallons per day, and which are provided by
governmental entities as set forth in section 2 hereinabove, unless
otherwise agreed to by the parties.
A breach of any of the provisions of this section 4.1 shall
for the purposes of section 14 herein, be considered a material
breach .of this Agreement.
-
I section 4.2. It is agreed by the parties that in the event a
i merger between Dublin and any township should occur, Columbus shall
I
- incur no obligation to service areas other than those specifically
within the contract boundaries referred to in this Agreement. If
Columbus elects to service areas other than those specifically
within the contract boundaries referred to in this Agreement, the
rate chargeable for the area outside the contract boundaries shall
become ten times those set forth in section 6 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 nor unreasonable.
Nothing herein shall affect the contract rate for the contract
boundary areas referred to in this Agreement.
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(c) first paragraph
- and 4.2 of this Agreement, then in that event sections 4.1(c) first
paragraph and 4.2 herein shall become null and void.
.....',,'iC section 5. Any extensions of the distribution system of the
city of Dublin are to be made by the city of Dublin at its own
expense. All such extensions shall be made in accordance with
plans and specifications approved by the Director of Public
utilities of the city of Columbus, and materials used shall be as
per current specifications for water mains, valves and
appurtenances approved for use at the time by the Division of Water
of the City of Columbus, Ohio. Such approval or rejection shall be
made by the Director of Public utilities of the City of Columbus
wi thin thirty (30) days after detailed plans and specifications
have been submitted by the City of Dublin, otherwise the City of
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Dublin may proceed with construction subject to any and all
inspection and approval required by the City of Columbus.
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 the City of Dublin
The City of Dublin shall be permitted to install fire hydrants
on its water distribution system, after approval of the plans
r- therefore by the Director of Public utilities of the city of
I Columbus and to use water from the hydrants for fire protection and
i 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 Director of Public utilities
of the City of Columbus and the City Manager of the City of Dublin
and shall be subject to applicable rates, fees and charges. The
City of 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, unless otherwise approved by the Director of
Public utilities of the city of Columbus.
section 7. The City of Dublin shall install or authorize the
City of Columbus to install or have installed under the supervision
of the City of Columbus all taps to the water main distribution
system of the City of Dubl~n. If the tap is installed by the City
of Columbus, the charges shall be the then current applicable
charge set forth in section 1105.08, Columbus City Codes, 1959, as
amended, or as may be amended or re-enacted in the future. Meter
fees and repair charges shall be the applicable City of Columbus
fees or charges. In addition, the city of 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 Division of Water of the City of Columbus.
Said meters are to be provided by the city of Columbus following
~>i\ payment by the consumer of all applicable meter charges and system
capacity charges. Consumers within the city of Dublin are subject
to and must comply with all applicable ordinances, provisions of
the Columbus Ci ty Codes and the Rules and Regulations of its
Director of Public utilities as such ordinances, provisions of the
Columbus City Codes, 1959, and the Rules and Regulations of the
Director of Public utilities may be amended, re-enacted and
established or re-established in the future.
The city of Columbus shall at its own expense read meters and
render bills to consumers. The City of Columbus agrees that upon
presentation by the city of Dublin of a certified copy of any
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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 the city of Dublin, Ohio, every month
together with a verified report of the amount so collected at no
cost to the City of Dublin.
section 8. The City of Columbus shall charge, and the
consumers within the City of 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 the city 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 the city of
DUblin, exclusive of any surcharge levied by the City of Dublin,
exceed the prevailing rate or rates of charges for water consumers
outside the corporate limits of the city of Columbus as the same
are provided by ordinances of the City of Columbus and in no event
shall the water rates to be charged by Columbus within the city of
DUblin, during the term of this Contract, exceed by more than
thirty (30) percent, the rates charged consumers within the
corporate limits of the City of Columbus exclusive of any surcharge
levied by the city of Dublin, said clause to be interpreted that
the City of Dublin may impose a surcharge on said services. Also
in no event during the terms of this Contract, shall the rate
charged within the City of Dublin be higher than the average of all
the rates paid by all other customers in Dublin's service class.
These rates shall be based on a cost-of-service concept.
Section 9. The City of Dublin agrees to comply with all terms
and conditions of this Contract, with all applicable rules and
regulations of the Director of Public utilities of the City of
... Columbus and all applicable ordinances of the City of Columbus or
as the same may be amended, enacted, re-enacted, established or
re-established in the future. The City of Columbus reserves the
iIlJi.iI.;,... 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 for the city of Columbus and Rules and
Regulations of the Director of Public utilities of the City of
Columbus, 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 the City of Columbus to discontinue
water service to any consumer of the City 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 the City of Dublin
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and its inhabitants. The Director of Public utilities of the city
of Columbus reserves the right of approval for any water service
connection where usage will exceed an instantaneous demand of two
hundred gallons per minute ( 2 0 0 gpm). Larger consumption may be
permitted if, in the opinion of the Director of Public utilities of
the city of Columbus, such usage will not impair the planned
development of the Columbus Service Area.
section 11. The city of Columbus shall have the right to
connect its water lines to any water lines owned or installed by
!"""" the City of Dublin for the purpose of supplying water to other
consumers; provided, however, that the City of 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
the city of Columbus at its cost and expense.
section 12. During the term of this Contract, the City of
Dublin grants to the City of Columbus the right to enter into the
corporate limits of the City of Dublin and its streets, highways
and alleys or other public easements for the purpose of the
Contract and for the further purpose of laying any large feeder
mains which may be deemed necessary by the Director of Public
utilities of the City of Columbus on the basis of sound engineering
principles to build up an adequate feeder main distribution system
in the entire area to be serviced by the city of Columbus, included
but not being limited to corporate areas of the City of Dublin.
The plans and specifications for laying and extension of such large
feeder mains shall be submitted to the City of Dublin for approval
from an engineering standpoint. Such approval from an engineering
standpoint or rejection fully supported by the engineering reasons,
therefore, shall be made by the City of Dublin within thirty (30)
days after submission of said plans and specifications. Failure of
the city of Dublin to submit in writing, rejections of any parts of
the plans and specifications or in their entirety shall constitute
- approval of the City of Dublin and acquiescence in such plans and
specifications and the City of Columbus is hereby given the right
to proceed with the construction. The City of Columbus pledges
~ itself to make such large feeder main installations at its own
expense and to restore all streets, highways or alleys to the
extent practical to the same 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 the
City of Columbus.
The city of 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 Division of Water of the
City of Columbus for record purposes.
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The City of Columbus shall furnish the city of Dublin copies
of water distribution drawings as built, and any subsequent changes
thereto, and of all water facilities within or adjacent to the
Dublin corporate limits.
The city of Columbus agrees to provide to Dublin, upon
request, any available information about the Columbus and Dublin
water system which may be necessary in order to determine the
adequacy of water service being provided to the City of Dublin.
,~ section 13. 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 necessarily dependent for its
operation upon the portion so held invalid or unconstitutional.
section 14. 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 to Columbus' right to
collect amounts due and owing to Columbus arising under the terms
of this Contract prior to notice of termination.
section 15. It is further agreed that the city of Columbus
shall have the right to temporarily shut off the water supply of
the City of Dublin or any part thereof whenever alterations,
additions, or maintenance operations make it necessary. The city
_ of Columbus, Division of Water, shall give the city of Dublin
responsible notice and probable duration of such shut offs, except
in the case of serious break or accident, wherein water service
__ will be discontinued immediately and notice will follow as soon as
possible. Under no circumstances will the City of Columbus be held
liable or responsible for any damage that may result in the city of
Dublin or its inhabitants thereof due to any necessary
discontinuance of water service.
THE CITY OF COLUMBUS, OHIO
BY~-P~
Di ctor of u lie utilities
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THE CITY OF DUBLIN
BY~~~
city Manager of Du in, Ohio
BY~~'~
- cit Clerk (t . /
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