Clark County sues Huber Heights over water, sewer service near planned Buc-ee's

Sep. 13—The Board of Clark County Commissioners recently filed a court complaint for declaratory judgment against the city of Huber Heights, claiming the latter's wastewater treatment services contract with the city of Fairborn may violate a similar set of contracts between Clark County and Huber Heights.

The complaint, filed in the civil division of Clark County Common Pleas Court on July 24, asks the court to determine the rights and obligations of each jurisdiction under the terms of the contracts.

The set of water and sewer services contracts between Clark County and the city of Huber Heights are longstanding, with one effective since June 1988 and one since October 1995, each having been renewed once, both on 20-year terms.

The 1988 contract's service location is in the easternmost section of Huber Heights, in the area near the I-70/Ohio 235 interchange and the city's border with Clark County.

This contract grants the city access to Clark County's Southwest Sewage Treatment Plant System near the Park Layne lift station, and connection to the county's water supply system near the intersection of Hocker Avenue and Ohio 235.

The 1995 contract agreement extended the area of service.

As part of its east sewer main extension project, the city of Huber Heights entered into a 20-year agreement with the city of Fairborn in 2022 to expand wastewater collection and treatment service for businesses and residents on the city's east side to Fairborn's water treatment facility.

The Clark County complaint claims this agreement may violate the longstanding agreements with Huber Heights.

"The city did not reserve to itself any right to serve in these areas, but delegated and transferred the right to the county," the complaint asserts. "Due to this transfer ... the county has sole right and authority to operate water and sewer in the service areas relevant to the respective agreements unless and until they expire."

Clark County Commissioner Melanie Flax Wilt said Tuesday the city of Huber Heights has a "contractual obligation" to adhere to.

"There's a contractual obligation for Huber Heights to continue using service from Clark County," Flax Wilt said. "So if they have entered into another agreement on top of our agreement, that's on them to figure out how they're going to fulfill both of those agreements."

In a December 2022 letter to Clark County Prosecutor Beau Thompson on behalf of Huber Heights, the city's law director Gerald McDonald claims the city is not required to use Clark County water and sewer services.

"There are no 'contractual obligations' contained in those agreements that require the city of Huber Heights to utilize Clark County for utility services, rather, just the terms of service if the city does choose to connect to Clark County," the letter reads.

"The installation of this utility could provide a big economic boost to the city," Huber Heights Engineer Russ Bergman said in November 2022 of the Fairborn deal. "The land east of the city will become more valuable to real estate developers when sewer and water services become available."

One such developer with plans to open for business on Huber Heights' east side is Buc-ee's, a Texas-based operator of huge convenience stores and fueling centers that has a devoted following.

Plans submitted to the city of Huber Heights show a 74,000-square-foot Buc-ee's on a 52-acre site at the northeast corner of the Interstate 70/Ohio 235 interchange.

Flax Wilt said she is unsure if Huber Heights plans to provide sewer and water services to the Buc-ee's site via its connections with Clark County or Fairborn.

But planning commission documents for the proposed Buc-ee's state the city intends to accommodate the massive convenience store by extending a new sanitary sewer line south to connect to the city of Fairborn's treatment plant.

Huber Heights City Manager Richard Dzik did not respond to a request for comment Tuesday.