Explanation
This legislation authorizes the Director of Public Utilities to modify an existing settlement agreement with Del-Co Water Company, Inc. that established certain areas within Franklin County and Delaware County as service areas to receive water service from either the City of Columbus, Ohio ("Columbus") or Del-Co Water Company, Inc. ("Del-Co").
Columbus and Del-Co entered into a settlement agreement on July 6, 1992 related to a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, known as Del-Co Water Company, Inc., et al. vs. The City of Columbus, Ohio, et al., Civil Action 2:90-CV-855 (“the lawsuit”). The settlement agreement includes an Exhibit A, which delineates areas within Delaware County that are reserved for service by Columbus and an Exhibit B, which delineates areas within Franklin County that are reserved for service by Del-Co. Columbus and Del-Co modified this settlement agreement on January 23rd, 2020. This first modification amended the settlement agreement to reflect agreed changes to the service areas. Columbus and Del-Co desire to modify the settlement agreement again to reflect additional agreed changes in the service areas, as reflected in Exhibit B-2.
FISCAL IMPACT: None.
Title
To authorize the Director of the Department of Public Utilities to modify an existing settlement agreement with Del-Co Water Company, Inc. that established certain areas within Franklin County and Delaware County as service areas to receive water service from either the City of Columbus or Del-Co ($0.00).
Body
WHEREAS, Columbus and Del-Co entered into a settlement agreement on July 6, 1992 related to a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, known as Del-Co Water Company, Inc., et al. vs. The City of Columbus, Ohio, et al., Civil Action 2:90-CV-855 (“the lawsuit”); and
WHEREAS, the settlement agreement establishes certain areas within Franklin County and Delaware County as service areas to receive water service from either Columbus or Del-Co; and
WHEREAS, the settlement agreement includes an Exhibit A, which delineates areas within Delaware County that are reserved for service by Columbus and an Exhibit B, which delineates areas within Franklin County that are reserved for service by Del-Co; and
WHEREAS, Columbus and Del-Co modified the settlement agreement on January 23rd, 2020 pursuant Ordinance 0745-2019, passed by the City of Columbus on November 25, 2019, to reflect agreed changes to the services areas; and
WHEREAS, Columbus and Del-Co desire to modify the service areas again to reflect additional agreed changes to the service areas as reflected in Exhibit B-2; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Utilities is authorized to modify an existing settlement agreement with Del-Co Water Company, Inc. that established certain areas within Franklin County and Delaware County as service areas to receive water service from either Columbus or Del-Co. in order to reflect changes to the service areas.
SECTION 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.