ORDINANCE NO. BL2005-867

An ordinance to amend Metropolitan Code of Laws Section 15.12.020 and Section 15.48.020 by eliminating the requirement for separate written contracts between the Department of Water and Sewerage Services and its customers, and by authorizing customers to discontinue service upon oral notice.

WHEREAS, Metropolitan Code Section 15.12.020 and Section 15.48.020 currently require separate written contracts between the Metropolitan Department of Water and Sewerage Services (the "Department") and its customers; and

WHEREAS, Changing business practices and improved technology and customer service supports have rendered the use of separate written contracts for each customer administratively burdensome and unnecessary; and

WHEREAS, Metropolitan Code of Laws Section 15.48.020 requires that customers notify the Department in writing if they wish to discontinue service; and

WHEREAS, permitting customers to discontinue service upon oral request will improve customer service.

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

SECTION 1. That the last sentence of Metropolitan Code of Laws Section 15.12.020, subsection A, be deleted in its entirety and replaced with the following: After the service line has been approved by the department and such approval has been certified to the division of billing and collection of the department, the prospective customer shall be eligible to receive water service under such standard terms as the department shall develop. A complete statement of the standard terms of service and any subsequent amendments thereto shall be signed by the director and filed with the Metropolitan Clerk and a copy furnished to any customer upon request. A copy of the standard terms of service then in effect shall be mailed with the customer's first bill for service. A customer's request for water or sewerage service or use of water or sewerage services furnished by the Department shall constitute that customer's acceptance of a contract for service upon and agreement to be bound by the standard terms of service, including future amendments, all provisions of this title, and the existing and future rules and regulations of the Department.

SECTION 2. That Metropolitan Code of Laws Section 15.12.020, subsection B, be deleted in its entirety and replaced with the following: The prospective customer shall, to the best of his knowledge, furnish such information as the department may reasonably request at the time water or sewerage service is initiated.

SECTION 3. That the first sentence of Metropolitan Code of Laws Section 15.48.020, subsection A, be deleted in its entirety and replaced with the following: After a customer has requested water or sewerage service and complied with the applicable provisions of this title, the standard terms of service contemplated by Metropolitan Code of Laws Section 15.12.020, and the rules and regulations of the department, the water shall then be turned on and the meter shall be read.

SECTION 4. That the first sentence of Metropolitan Code of Laws Section 15.48.020, subsection B, be deleted in its entirety and replaced with the following: This procedure of reading and billing shall continue until the consumer or customer shall direct that service be discontinued at the specified location or until the department shall discontinue service on account of the failure of the consumer or customer to comply with the regulations of the department, the standard terms of service, or the provisions of this title.

SECTION 5. This ordinance shall take effect from and after its final passage the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Parker Toler

LEGISLATIVE HISTORY

Introduced: November 15, 2005
Passed First Reading: November 15, 2005
Referred to: Public Works Committee
Passed Second Reading: December 6, 2005 
Passed Third Reading: December 20, 2005 
Approved: December 30, 2005 
By: