ORDINANCE NO. BL2006-1095

An ordinance amending Title 15 of the Metropolitan Code of Laws by repealing section 15.32.040 relating to the rate charged for water furnished to one customer through multiple meters; by adding a new section 15.20.045 imposing a water system capacity charge in the amount of $1000 per single family equivalent connection; by amending section 15.36.040 to change the existing sewer system capacity charge from $500 to $2000 per single family equivalent connection; and by amending section 15.48.090 to permit quarterly meter reading.

WHEREAS, certain changes to Title 15 of the Metropolitan Code of Laws as contemplated herein will more fairly allocate the cost of providing water and sewer services among the customers of the Department of Water and Sewerage Services.

NOW, THEREFORE, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County:

SECTION 1: Metropolitan Code of Laws § 15.32.040 is repealed in its entirety.

SECTION 2: A new section shall be added as Metropolitan Code of Laws § 15.20.045 providing as follows:
A. Notwithstanding any other provision of the Metropolitan Code of Laws to the contrary, there is established a capacity charge of one thousand dollars per unit of flow on all new connections to the public water supply system. This capacity charge shall be distinguished from and collected in addition to applicable tap fees.
B. For purposes of this section, "unit of flow" shall mean three hundred fifty gallons per day expected average usage.
C. All charges established by this section shall be due and payable prior to the issuance of a permit for service connection to the public water supply system.

SECTION 3: Metropolitan Code of Laws § 15.36.040(A) shall be deleted in its entirety and replaced with the following:

A. Notwithstanding any other provision of the Metropolitan Code of Laws to the contrary, there is established a capacity charge of two thousand dollars per unit of flow on all new connections where public sewers did not exist as of February 21, 1984. The charge shall apply, where sewers exist, for all units of flow in excess of four per acre not to exceed a maximum charge of one hundred thousand dollars per acre. This capacity charge shall be distinguished from and collected in addition to applicable tap fees.

SECTION 4: Metropolitan Code of Laws § 15.48.090 shall be amended by replacing the first paragraph thereof with the following:

All water bills and combined water and sewerage service bills, other than flat rate assessments for unmetered water, shall be rendered by the department in accordance with monthly, bimonthly or quarterly meter readings except under the following circumstances and conditions:

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: Amanda McClendon

Amendment No. 1
To
Ordinance No. BL2006-1095

Mr. President:

I move to amend Ordinance No. BL2006-1095 as follows:
1. By amending Section 2 by deleting the phrase "one thousand dollars" and substituting in lieu thereof the phrase "five hundred dollars".

2. By amending Section 3 by deleting the phrase "two thousand dollars" and substituting in lieu thereof the phrase "one thousand dollars".

Sponsored by: Diane Neighbors, Parker Toler, Feller Brown, Pam Murray, Charlie Tygard, Michael Craddock, Edward Whitmore, Randy Foster, Eric Crafton, Brenda Gilmore, Sam Coleman, Greg Adkins, J. B. Loring, Rip Ryman, Jim Gotto, Harold White, Buck Dozier, Adam Dread, Ginger Hausser, Billy Walls, Jason Hart, Lynn Williams, Vivian Wilhoite, Jamie Isabel, Carolyn Baldwin Tucker, Jim Shulman, Jim Forkum

Amendment No. 2
To
Ordinance No. BL2006-1095

Mr. President:

I move to amend Ordinance No. BL2006-1095 as follows:

1. By repealing Amendment No. 1 in its entirety.

2. By amending Section 2 by adding the following provision prior to the last sentence:

"The capacity charge established pursuant to this section shall apply, where water service exists, for all units of flow in excess of four per acre not to exceed a maximum charge of fifty thousand dollars per acre."

3. By renumbering Section 5 as Section 7 and adding the following new Section 5 and Section 6:

"SECTION 5. The Department of Water and Sewerage Services shall provide to the Council not later than February 1, 2007, a report containing the following information:
a. The amount of capacity charges collected pursuant to this ordinance for each new residential development and for each new commercial development between July 1, 2006 and December 31, 2006;
b. The actual costs incurred by the Department of Water and Sewerage Services for providing new water and sewer connections to each new development between July 1, 2006, and December 31, 2006; and
c. The amount of water and sewer infrastructure costs borne by individual property owners and developers between July 1, 2006, and December 31, 2006.

SECTION 6. The provisions of this ordinance shall expire on June 30, 2007."

Sponsored by: Diane Neighbors, Parker Toler, Amanda McClendon

Amendment No. 3
To
Ordinance No. BL2006-1095

Mr. President:

I move to amend Ordinance No. BL2006-1095 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

"SECTION 1. Section 15.32.040 of the Metropolitan Code of Laws shall be and the same is hereby repealed effective July 1, 2007. The Department of Water and Sewerage Services shall submit a report to the Budget and Finance and Public Works Committees of the Metropolitan Council not later than February 1, 2007, identifying the entities impacted by this section, and the estimated revenue impact of this section annually based on an analysis of water use from December 1, 2005, through November 30, 2006."

Sponsored by: Jim Shulman, Ginger Hausser

LEGISLATIVE HISTORY

Introduced: June 6, 2006
Passed First Reading: June 6, 2006
Referred to: Budget & Finance Committee
Public Works Committee
Amended: June 20, 2006
Passed Second Reading: June 20, 2006 
Amended: June 27, 2006
Passed Third Reading: June 27, 2006 
Approved: July 3, 2006 
By: