An ordinance amending the Metropolitan Code of Laws to provide for reimbursement of overpayment made by customers for water and sewer services.

WHEREAS, the Metropolitan Code provides for the classification of customers for water and sewer services for billing purposes; and

WHEREAS, certain customers may be inaccurately classified, resulting in overpayment for water and sewer services.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 15.32.010 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new subsection C.:

“C. If, during the customer’s previous thirty-six (36) months usage, the customer is determined by the director as having been overcharged for water and sewer services, based upon any consecutive twelve (12) month period, the customer shall be reimbursed, upon written request the customer, for the overpayment for that period for which such overcharge has occurred, but not to exceed the period of thirty-six (36) months from the date of the customer’s first written request. The provisions of this subsection shall not apply retroactively, but instead shall be applicable from and after the date of the enactment of this subsection.”

Section 2. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Leo Waters

AMENDMENT NO. 1
TO
ORDINANCE BL2003-1400

Mr. President:

I move to amend Ordinance BL2003-1400 by replacing Section 1 thereof with the following:

Section 1. That Section 15.32.010 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new subsection C.:

“C. Upon receipt of a written request by a customer, the director shall determine whether that customer was overcharged for water and sewer services during the previous thirty-six (36) months. In the event that the customer was overcharged for such services, the department shall reimburse the customer in the amount of the customer’s overpayment. The customer’s water and sewer usage in the twelve (12) months immediately preceding the written request shall be used to determine the applicable rate in the event of a claimed error in usage classification. No reimbursement shall be made for any overcharge that occurred more than thirty-six (36) months prior to the department’s receipt of the written request contemplated by this subsection, nor shall any reimbursement be made for any overcharge that occurred prior to the effective date of this subsection.

Sponsored by: Leo Waters