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File #: 0745-2019    Version: 1
Type: Ordinance Status: Passed
File created: 3/6/2019 In control: Public Utilities Committee
On agenda: 11/25/2019 Final action: 11/27/2019
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.
Attachments: 1. 0745-2019 Mod. of Settlement Agreement, 2. 0745-2019 Exhibit A-1, 3. 0745-2019 Exhibit B-2, 4. 0745-2019 Exhibit B-3, 5. 0745-2019 Exhibit B-4

Explanation

 

BACKGROUND:  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 desire to amend the settlement agreement to reflect changes in the service areas.

 

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. 

 

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 desire to amend the service areas; 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.