An ordinance amending the Metropolitan Code of Laws to provide for the reimbursement of overpayments 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 the director inaccurately determines or fails to accurately determine a customer's water and sewer service usage rate classification and/or meter minimum rate classification based on the customer's previous twelve (12) months water usage as a qualifying period, which shall not exceed twelve (12) months from the qualifying period for the previous rate review, and such inaccurate determination or lack of accurate determination results in the customer being overcharged for water and sewer services, the director shall reimburse the customer for the overpayment for a period of thirty-six (36) months proper to the date the error is discovered; provided, that if a date certain can be established for such error which is less than thirty-six (36) months proper to the date the error is discovered, the director shall not reimburse the customer for overpayment beyond such date."

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: Buck Dozier, Billy Walls

Amendment No. 1
To
Ordinance No. BL2005-922

Mr. President:

I move to amend Ordinance No. BL2005-922 by deleting the phrase "proper to", wherein it appears in Section 1, and substituting in lieu thereof the phrase "prior to".

Sponsored by: Buck Dozier

Amendment No. 2
To
Ordinance No. BL2005-922

Mr. President:

I move to amend Ordinance No. BL2005-922 by amending Section 1 by adding the following provision at the end of the new subsection C:

"The provisions of this subsection shall apply retroactively to any commercial customers that submitted a written notification to the water services department of the metropolitan government prior to January 1, 2006 requesting credit for water/sewer rate overcharges."

Sponsored by: Buck Dozier