136-92 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
--
Ordinance No, m136___92-__ Passed____ __mm______________ _mmm19_______
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT
" ON BEHALF OF THE CITY OF DUBLIN, OHIO,
i WITH THE CITY OF COLUMBUS, OHIO
WHEREBY COLUMBUS WILL PROVIDE SEWER
'- SERVICES TO THE CITY OF DUBLIN
WHEREAS, the City of Dublin and the City of Columbus, after
extensive discussions and negotiations have reached an agree-
ment as to a long term sewer contract entitled "Sewer Service
Agreement"; and
WHEREAS, the execution of this contract will provide not only
for the long term sewer service needs for the citizens of
DUblin, but also the ability of both Columbus and Dublin to
continue to grow in an orderly manner.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of
Dublin, State of Ohio, 7 of the elected members
concurring that:
section 1. The City Manager is hereby authorized and
directed to execute the Sewer Service Agreement between the
City of Columbus and the City of Dublin, which is attached
hereto and incorporated herein.
,.... section 2. This Ordinance shall take effect and be in
force on the earliest date permitted by law.
I....,. Passed this ~ /.51 day of ~ , 1992.
\C~
Vor - presi' Officer
ATTEST:
~Q..~
Clerk of Council
. f tL.;s O<d'OIln<:.efRl::)\,du\;on were posted in the
I brebv wffy that l:op:e5 0 ,. . ~ 731 25 of the Ohio Revised Code.
C;ty of Dublin in Qccordance With Sed.on .
~ Q.... {1-':~~
~ Clerk of Council, Dubhn, OhIO
f
.......
.
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.
366 EAST BROAD STREET
COLUMBUS, OHIO 43215
FAX 614/221-0216
TELEPHONE 614/228-6135
CARLILE PATCHEN & MURPHY
AlTORNEYS AT LAW
December 14, 1992
,P"fr,c."
Mr. Timothy C. Hansley
i city Manager
city of Dublin
6665 Coffman Road I
Dublin, - Ohio 43017
RE: Columbus Sewer and Water Contracts
Dear Tim:
Pursuant to our numerous discussions over the past
weekend, enclosed please find the follewing documents:
-
1. The final draft of the Sewer Agreement with the
accompanying map; and,
2. The latest proposed draft of the Water Agreement.
Following our numerous meetings over the past few days,
I have informed Mr. Arnold that our Council has not yet seen the
Water Contract and once again he has reiterated to me that both the
Sewer and Water Contracts will be passed by the city of Columbus
this evening and that if the Water Contract requires amendments,
they will be happy to .cooperate with us to handle that matter. I
will continue to monitor the situation to bring closure to this
matter.
If you have any questions, please do not hesitate to so
advise.
Very truly yours,
Enclosures
SJS/BJG/953.1
35505.01
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CONTRACT
BETWEEN THE CITY OF COLUMBUS
AND
THE CITY OF DUBLIN
SEWER SERVICE AGREEMENT
THIS AGREEMENT MADE AND ENTERED INTO this day of
, 1992 by and between CITY OF COLUMBUS, OHIO
(Columbus), and the CITY OF DUBLIN, OHIO (Dublin), for the
,P~ discharge, transportation, pumping and treatment of sewage,
industrial wastes, water or other liquid wastes from the city of
Dublin to and by the City of ColumbUS utilizing the Sewerage System
and Sewage Treatment Works of the City of Columbus,
WITNESSETH:
In consideration of the mutual covenants and promises herein
contained, and in accordance with the applicable provisions of
Chapter 1147, Columbus City Codes, 1959 as amended and of Ordinance
No. passed by the Council of the
City of Columbus, the parties hereto agree as follows:
Section 3.. That, subject at all times to the City of Columbus'-
right to sell surplUS utility services under the provisions of
Article XVIII, Section 6, of the Constitution of Ohio, Dublin,
within the "New Dublin Water/Sewer Contract Boundaries," and
"Dublin Exclusive Expansion Area," and, pursuant to the terms and
provisions of this Agreement, portions of the "Negotiated Expansion
Area," all of which are identified on Exhibit "A" entitled
"Dublin/Columbus Service Area," attached hereto and made a part
hereof, shall have the right and obligation, throughout the
effective period of this Agreement, to discharge all sewage,
industrial wastes, water or other liquid wastes from its sanitary
sewers, either directly or indirectly, or both, into the Sewerage
System of the city of 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) The City of Dublin, shall have adopted or passed such measures
as may be necessary to authorize the execution of this
Agreement.
(b) Whenever and to the extent that the Code of the city of
Columbus prohibits or restricts the direct or indirect
discharge to the sanitary sewers of subsoil drains from
premises wi thin Columbus, such prohibition or restriction
shall apply with equal force to premises within Dublin as if
the same were a part of this Agreement. The provisions of
this paragraph shall not apply to any such subsoil drains in
existence prior to the effective date of such legislation in
Columbus.
(c) Dublin, agrees it will not at any time cause or knowingly
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pend t storm water or roof water leaders to be led into or
connected with the separate, sanitary system of sewers, or led
into or connected with any soil pipe, house drain, or house
sewer tributary to the separate sanitary system of sewers.
Dublin agrees that it shall limit inflow and infiltration to
its sewer system. The limitations applying thereto shall be
in accordance with a future mutually acceptable modification
to this agreement.
(d) Dublin, agrees it will not discharge, cause or knowingly
P""'" permit to be discharged into any sewer or into any water
course, ditch or drain leading into any sewer, any acid,
chemical or other substance, which tends to or does destroy or
in any way injures the sewer or which in any way interferes
with proper maintenance of facilities and the transportation,
treatment or disposition of any sewage carried or drained
through any sewer in Columbus.
(e) Dublin, agrees it will not discharge, cause or knowingly
permi t to be discharged directly or indirectly into any sewer,
any kerosene, gasoline, benzine, naphtha or any explosive or
inflammable chemical, substance or thing.
(f) DUblin, agrees the requirements set forth in paragraphs (c) ,
(d) , and (e) above, together with any elaboration, extension,
definition or amendment of these requirements as such may be
duly elaborated, extended, defined or amended through rules
and regulations issued from time to time by the Columbus
Director of Public utilities, or by legislative processes of
Columbus, shall be fully applicable to all premises in Dublin,
which are or later become tributary directly or indirectly to
the Columbus Sewerage System, to the same extent and degree as
they apply within Columbus and any violation of these
provisions shall be corrected or caused to be corrected at
once by Dublin.
(g) Dublin agrees that the construction of all house sewers or
service connections within its boundaries shall comply with
the provisions of this Agreement, the then current minimum .-
requirements governing such work in Columbus, and conform to
Dublin's rules and regulations.
(h) Dublin agrees that the design, construction, operation, use
and maintenance of all sanitary sewers, house services and
connections within its boundaries including all connections
with the Columbus sewerage system, shall be performed at
Dublin's entire expense, or at the expense of its residents,
developers and builders, except as specifically provided for
in paragraph (i) of this section, and shall conform in all
respects with or exceed the corresponding standards and
practice of the City of Columbus. All main sanitary sewers
and connections to serve areas within Dublin shall be
constructed in accordance with detailed plans and
specifications which have been approved from an engineering
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standpoint by the Columbus Director of Public Utilities,
provided that such approval, from an engineering standpoint,
or disapproval supported by engineering reasons therefor,
shall be made by the Columbus Director of Public utilities,
within thirty (30) days after said plans and specifications
have been submitted for final approval by Dublin or
developers. Absent approval or disapproval as set forth
above, Dublin may proceed with construction in full conformity
with such plans and specifications and with such engineering
supervision and inspection as may be required by Columbus, and
- subject to all other provisions of this Agreement and
applicable references. Upon completion of such work, and not
later than sixty (60) days thereafter, accurate record
drawings showing the work as actually constructed shall be
filed, by Dublin or the developer', with Columbus. These
record drawings shall show the area of each and every
tributary lot and tract computed in accordance with paragraph
(i) of this section.
(i) Dublin, agrees that for all properties and premises connected
to the Columbus Sewerage system, after the effective date of
this Agreement, a system capacity charge_ for main trunk
sanitary sewer benefit, or such similar charges as may be
hereinafter established by Columbus, shall be applicable to
any and all such property and premises which is located within
the Dublin corporate limits, wherever such property will be
tributary directly or indirectly to the Columbus Sewerage
System, and provided that such charge shall be determined and
collected before or upon the issuance of a permit to connect
such property to the sewerage system. This charge shall be
computed on dwellings, commercial and' industrial units as
computed by Columbus, for similar properties as .established
and periodically amended by Columbus ordinance. Dublin may
establish such additional Dublin surcharges, capacity fees, or
tap charges as it may deem necessary. .
In consideration of the term remaining on the existing sewer
service contract, the parties agree that Dublin shall pay to
Columbus a percentage of all such Columbus charges as-
collected consistent with the following schedule:
YEAR PERCENTAGE
Present - Dec. 31, 1996 33.3%
Jan. 1, 1997 - Dec. 31, 1997 45.0%
Jan. 1, 1998 - Dec. 31, 1998 50.0%
Jan. 1, 1999 - Dec. 31, 1999 75.0%
Jan. 1, 2000 - Dec. 31, 2000 90.0%
Jan. 1, 2001 100.0%
Said payments shall be paid to Columbus on a monthly basis.
Both parties agree to formally notify the other city of any
and all changes in the rates, fees or charges at least sixty
(60) days prior to their effective date. Said notice shall be
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in writing by certified mail and directed to the office of the
Dublin City Manager and to the office of the Columbus Director
of Public utilities.
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(j) Columbus agrees to forthwith proceed with the completion of
the engineering and design of Dublin's portion of the Upper
Scioto West Branch Interceptor Sanitary Sewer (hereinafter
"West Branch Sewerll), and that Dublin will forthwith pay the
outstanding balance owed to Columbus for design work presently
completed. Dublin's portion of the West Branch Sewer, shall
be defined as that portion of sewer north of shaft No. 1~.
Columbus agrees to furnish documentation as to the cost of
said engineering and design work by allowing Dublin to review
any and all outstanding invoices and other such paperwork.
The parties also agree that Columbus'will contribute one-half
of the total cost of Dublin's portion of the West Branch Sewer
in excess of $~O.~ million dollars, said sum not to exceed a
maximum contribution by Columbus of $3 (three) million
dollars; and that Dublin shall be responsible for payment of
the initial 10.1 million dollar cost for the Dublin portion of
the West Branch Sewer and for one-half of those costs above
$10.1 million dollar figure, and for 100% of all costs in
excess of- $16.~ million dollars; provided, however, that in
the event that Columbus is unable to comply with the
construction schedule established in section 3 of this
agreement, both parties agree to review and appropriately
modify the limit placed upon the Columbus contribution to the
Dublin portion of the West Branch Sewer in light of any cost
increases associated with delays in project implementation,
modifications to project design, or other unforeseen project
cost overruns. No increase in the amount 'of the Columbus
contribution shall be required for any delay resulting from
causes beyond the control of the city of Columbus.
The financial obligations of the parties under this paragraph
are conditioned upon the execution by the parties of the
agreement of construction referred to in section 3 of this
Agreement and the prior authorization by the Councils of the
City of Co~umbus and the city of Dublin of the appropriation --
of such funds and the certification thereof by the Auditors of
the City of Columbus and the City of Dublin.
(k) Dublin agrees to establish a system of sewer service or
connection permits and shall transmit copies of sewer service
permits each month to Columbus and shall keep and maintain an
accurate record of all premises connected to its sewers. This
record shall, upon demand, be made available to Columbus.
(I) Dublin agrees to furnish to the Columbus Director of Public
utilities, all available information and data as to all
additional water sources, other than the Columbus Division of
Water, which may now be in existence, or may later be
developed to serve Dublin. As to wells, this information
shall include the location, size, capacity and depth thereof.
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Further,Dublin agrees that where such water supply may
discharge directly or indirectly into the sanitary sewer
system, Dublin shall require metering or other form of
measure~ent as agreed to by the Columbus Director of Public
utilities.
(m) As soon as available, Dublin agrees to furnish Columbus copies
of its location atlas maps showing the overall sanitary sewer
system and furnish additional up-to-date copies on a quarterly
basis.
"
section 2.
(a) The billing for sewerage service charges shall be based upon
the water usage or consumption as indicated by the metering
system established in the water contract between the parties
herein. Under the method established above, for determination
of the sewerage service charge or charges, said charge or
charges shall be computed by subjecting the water usage to the
applicable provisions and rates of Chapter 1147, Columbus City
Codes, 1959, which applicable rates may be changed in
accordance with such rate structure as may be established from
time to time for areas outside the Columbus corporate limits
by ordinances passed by the ~olumbus City council; provided,
however, that in the event of any such subsequent change in
the rates of charge, the rates of charge to Dublin, shall not,
in such case, exceed the rates of charge duly established and
collected, at such time, for any other political subdivision.
(b) Notwithstanding the provisions of paragraph (a) of this
Section, Columbus agrees that if, subsequent to the date of
this Agreement, Columbus agrees to furnish like services to
any other political subdivision for a lesser rate of charge or
charges than charged to Dublin pursuant to paragraph (a) of
this Section, then in that event the rate of charge or charges
to Dublin shall be reduced to the same rate of charge or
charges as may be established for any such aforementioned
political subdivision with the provision during the term of
this Agreement, such a reduction shall not apply for any ,-
period longer than established for any such aforementioned
political subdivision. Further, any such reduction shall not
apply in the case where the lesser rate of charge or charges
may be ordered by a court of competent jurisdiction.
(c) Upon Dublin's written request, Columbus agrees, at no cost to
DUblin, to include as a separate item under the billing
authorized above, such user surcharge as may be established
from time to time by Dublin ordinance or regulation. Such
surcharge shall be refunded to Dublin, monthly, and shall
include a verified report of the amount collected.
(d) Columbus agrees that in the computation of charges made to
Dublin Sewerage Service customers, the same credits or
adjustments applicable to Sewerage Service customers in
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Columbus as are now or may hereafter from time to time be
applicable thereto, due to non-entry into the sanitary sewers
of water consumed by such users, shall be applicable to Dublin
customers.
( e) Columbus agrees that Dublin shall have the right and privilege
to make charges independent of the requirements of Section 1
(i) , and such charges shall not be subject to the division as
established in section 1 (i) .
".)Mi' section 2.1.. Columbus may administer and enforce sections 1145.01
I - 1145.99 of the Columbus city Codes and all amendments thereto
within Dublin corporate limits in order to prohibit or limit the
discharge of toxic and other substances into the sewerage system.
It is also agreed that Columbus representatives may enter
industrial establishments, perform inspections, and sample waste
streams for the purpose of enforcing Sections 1145 and 1147 of the
Columbus City Code, as amended. Dublin agrees to adopt as a local
regulation or ordinance of DUblin, the requirements of Sections
1145.01 - 1145.99 in order that these requirements shall be
applicable to all premises in Dublin which are or later become
tributary directly or indirectly to the Columbus Sewage System to
the same extent as they apply to premises within Columbus.
Dublin agrees that all fees for administering and enforcing
Chapter 1145 shall be collected in accordance with Chapter 1147 of
the Columbus City Codes, as amended.
section 3. Columbus and Dublin agree to enter into a mutually
acceptable written agreement relative to the design, construction,
timing and cost participation for the West Branch Sewer. Columbus
agrees that such agreement shall incorporate a schedule for
completion of the West Branch Sewer, whereby it will be available
for service by March 1, 1996, as contained in the capital
,..'" Improvement Budget for the City of Columbus, 1991 calendar year, as
the same may subsequently be amended by Columbus City Council.
Both parties agree, however, that if the West Branch Sewer is
not under construction by November of 1993; if construction thereon ,-
is not proceeding on a continuous basis; or if the West Branch
Sewer (including the Dublin portion thereof) is not completed and
on-line by March 1, 1997, that such non-performance shall be viewed
as sufficient to allow Dublin to pursue other options regarding the
development or use of alternate sewage treatment facilities. In
the event that Columbus is unable to construct the West Branch
Sewer as a result of actions, legal or otherwise, taken by others
not party to this agreement, or in the event construction of the
Dublin portion of the West Branch Sewer is not under construction
within to,t/o (2) years of the completion date set forth hereinabove,
then Columbus agrees that Dublin may proceed to design, construct
and operate a wastewater treatment plant for Dublin. Provided,
however, in no event shall Dublin be permitted to construct or
operate any wastewater treatment facility which would degrade the
Columbus water supply such that would result in Columbus being
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required to adopt any additional' treatment procedures. In the
event a wastewater treatment plant is constructed for Dublin,
Dublin agrees to site, design, construct, maintain and operate such
facility in accordance, with Ohio EPA requirements. It is further
understood and agreed that the conditions hereunder by which Dublin
may be permitted to construct or operate a wastewater treatment
facility do not include facilities which are known as "package
plants" or any other wastewater treatment facilities other than
central utility services provided by governmental entities.
Columbus shall have the right to review and comment upon any such
sites, designs or plans for such a facility.
section 4. Except as provided in section 3 of this Agreement,
Dublin agrees that during the term of this Agreement, it will take
no action whatsoever, including any funding, preliminary
engineering, or other surveying, necessary or incident to plan,
design, construct, or operate any sanitary wastewater treatment
facility, and that except as herein provided or as may be
subsequently authorized by the Columbus ci ty Council, Columbus
shall be the sole and exclusive provider to Dublin of such services
as are provided by the terms of this Agreement wi thin the
designated contract service a_reas set forth on Exhibit "A".
Section s. Columbus agrees that during the'term of this Agreement
~ it will use its best efforts to provide such services to Dublin so
as to enable Dublin to continue reasonable and orderly growth and
development of its geographic boundaries wi thin the designated
contract service areas. It is expressly understood and agreed by
the parties that the intent of the performance schedule established
for implementation of the West Branch Sewer in Section (3) of this
Agreement is in consideration of Dublin's forbearance from taking
any action whatsoever, including any funding, preliminary
engineering, or other surveying, necessary or incident to plan,
design, con~truct, or operate any sanitary wastewater treatment
P' facility. If, for whatever reason, the West Branch Sewer is not
completed in accordance with the established schedule, both parties
recognize that Dublin has the obligation to provide satisfactory
-" sani tary sewer disposal service to its res idents in all manner
provided for by law and may take whatever action necessary to-
provide this service, pursuant to Section 3 of this Agreement.
Section 6. Dublin further agrees that during the effective period
of this Agreement, Columbus employees or agents shall have the
right to enter into and within Dublin's corporate limits, for all
purposes of this Agreement, for the further purpose of construction
within the individual design-tributary area of any extensions to
the Sewer System of Dublin, and construction of any other main
sewers which, on the basis of sound engineering principles, may be
deemed necessary by the Columbus Director of Public utilities to
build up an adequate sewer collector system in the entire area to
be serviced by Columbus, including but not limited to the Dublin
corporate limits. The plans and specifications for the
construction of such sewers shall be submitted by Columbus to
Dublin for approval as to engineering and location. Such approval
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or rejection supported by engineering reasons therefor, shall be
made by Dublin within thirty (30) days after the said plans and
specifications have been submitted by Columbus to Dublin for final
approval. In the case where no approval or disapproval is made by
Dublin within the said thirty (30) days, Columbus may proceed with
construction, without prejudice, in full conformity with the plans
and specifications so submitted and not acted upon by Dublin,
subject however to legal requirements governing the need for proper
easements where the said sewers will be located on private
property. In the case where said plans and specifications are
disapproved from an engineering or location standpoint by Dublin
wi thin the said thirty (30) days, such disapproval shall be made in
writing and the engineering reasons for disapproval set forth
therein.
Columbus pledges itself to construct such sewer extensions at
its own expense and, insofar as possible, to restore disturbed
areas to a reasonably equal condition in which they were found
prior to such construction. Columbus will and shall have the right
to preserve, maintain, operate, replace and repair any such sewers.
During the life of this contract, Dublin shall have the right to
connect any main sewers of its collector system to any such
af orement'ioned sewers, subject to the requirement that the flow
from Dublin's main sewers is not increased from areas outside the
individual tributary-design area of the said main sewers
constructed by Columbus. Further, subject to the requirement that
such connections shall be made under Columbus supervision in such
manner as approved and in full conformity with all other provisions
of this Agreement.
Section 6.1.. 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 within either the "New ,-
Dublin Water/Sewer Service Contract Boundaries" or the "Dublin
Exclusive Expansion Area," sewer services shall be restricted to
properties lying within the Dublin corporate limits. As to
properties located within the area delineated as the "Columbus
Exclusive Expansion Area," sewer services shall be restricted to
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 sewer service pursuant
to this Agreement upon annexation to Dublin or Columbus during the
period of this Agreement provided that such annexed properties lie
within 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 I Dublin Exclusive Expansion
Area and Columbus Exclusive Expansion area shall be reviewed by
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both parties at least every five (5) 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 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 (5) 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
"All. Provided however, the parties recognize that a merger
pursuant to Sections 709.43 through 709.46 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 and to
insure that proper information is provided. The parties further
agree that the term annexation shall not include merger as set
forth in ORC 709.43 - 709.46.
Subject to the provisions contained herein, Dublin may accept
such annexation outside Exhibit itA" area if approved by the
- appropriate County Board of Commissioner, 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
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, unless otherwise agreed to by the parties.
A breach of any of the provisions of this Section 6.1 shall
for the purposes of Section 10 herein, be considered a material
breach of this Agreement.
Section 6.2. It is agreed by the parties that in the event a
merger between Dublin and any township should occur, Columbus shall
incur no obligation to service areas other than those specifically
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referred to in this Agreement. If Columbus elects to service areas
other than those specifically referred to in this Agreement, the
rate chargeable for the area outside this contract shall become ten
times those set forth in Sect~on 2 hereof unless otherwise agreed
to by Columbus. DUblin consents to the provisions set Iorth 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 6.3. If Columbus enters into any new Sewerage Service
Agreement or modif ies , amends, extends 'Or otherwise changes the
terms of any Sewerage 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 6.1 (c) first paragraph
and 6.2 of this Agreement, then in the event Sections 6.1 (c) first
paragraph and 6.2 herein shall become null and void.
Section 7. Dublin further agrees that Columbus may connect any
sewer to the sewerage system of Dublin's sewer system after
submission of the plans and specifications therefor to Dublin in
accordance with the provisions of Section 6 herein and provided
that such sewer connections by Columbus do not serve areas outside
Dublin's sewer system tributary-design areas, and provided further
that Dublin determines that there is available capacity within said
line to service Dublin's planned tributary areas.
Columbus agrees that for all properties and premises within
Columbus connected into such sewers or connections, it shall
reimburse DUblin for any oversizing of that section of the sewer
system built. by Dublin on the basis of an estimate of the
,.,. differential in cost of that section of the system involved, to be
agreed upon prior to approval of plans.
-
Section 8. The term of this Agreement will commence on ,-
, 1993 and shall remain in full force and effect until
midnight of ,2043. Unless written notice is g~
by either party to the other at least five years prior 0
, 2043, this Agreement shall remain in effect for any
additional three year period. In the same manner, th~s Agreem '
wi th 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 the expiration of the previous three-year
term. Written notice of the intent to terminate this Agreement
must be sent to the office of the Columbus Director of Public
Utilities or the Dublin City Manager.
Section 9. If any portion of this Agreement proves to be invalid
or unconstitutional, the same shall not be held to invalidate or
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12/11/92 tsb 10
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.
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 1.0. That failure on the part of either party to this
Agreement to faithfully discharge its obligations and
responsibilities hereunder, either in whole or in part, with
respect to a material breach of said Agreement, 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
responsibil.ities and upon demonstration I 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 thi~ Contract prior to notice of termination.
IN WITNESS WHEREOF, the parties hereto have set their hands on
this day of , 19 .
-
Approved as to form: THE CITY OF COLUMBUS, OHIO
By
City Attorney PUBLIC UTILITIES DIRECTOR
Columbus, Ohio
THE CITY OF DUBLIN, OHIO
".....
~ By ,-
Law Director CITY MANAGER
City of Dublin, Ohio
By
CITY CLERK
Final w/revisions
12/11/92 tsb 11
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