Explanation
This ordinance 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 23, 2020 and February 17, 2023. The earlier modifications 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 A-1 and B-2. Emergency action is requested so that the proposed modification of the settlement agreement can be concluded at the earliest date possible.
FISCAL IMPACT: There is no fiscal impact.
EMERGENCY DESIGNATION: This ordinance is requested to be an emergency measure to reflect agreed changes in the service areas under the settlement agreement.
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, and to declare an emergency. ($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 entered into a first modification of the Settlement Agreement on January 23, 2020 and a second modification of this Settlement Agreement on February 17, 2023, to modify Exhibits A and B to revise the areas in Delaware County reserved for service by Columbus and/or to revise the areas in Franklin County reserved for service by Del-Co; the previous modifications were made pursuant to Ordinance 0745- 2019, passed by the City of Columbus on November 25, 2019, and Ordinance 0515-2022, passed by the City of Columbus on March 30, 2022; 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 Exhibits A-1 and B-2;
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to authorize the Director to modify the existing agreement with Del-Co as soon as possible, to reflect agreed changes in the water service areas under the settlement agreement, all for the immediate preservation of the public health, peace, property, safety and welfare; and 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.; this modificaiton is needed in order to reflect addtitional agreed changes to the service areas.
SECTION 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.