ORDINANCE NO. BL2007-1457

An ordinance amending Title 15 of the Metropolitan Code of Laws by repealing section 15.32.040 and by specifying amounts to be charged by the Department of Water and Sewerage Services for the provision of certain services.

WHEREAS, the Department of Water and Sewerage Services (“Department”) provides to customers, developers and others numerous services to enhance the quality of water, wastewater and stormwater services available in its service area; and

WHEREAS, the current charges made by the Department do not permit the full recovery of all costs incurred in the provision of such services; and

WHEREAS, the amendments to Title 15 of the Metropolitan Code set forth herein will permit the fair allocation of costs incurred by the Department in the provision of necessary or useful services and therefore are in the best interests of the Metropolitan Government.

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

SECTION 1: Section 15.32.040 of the Metropolitan Code of Laws is hereby repealed in its entirety.

SECTION 2: A new and appropriately numbered section of Title 15, Chapter 44 of the Metropolitan Code of Laws shall be added, reading as follows:

Vacant property readiness to serve charge. The Department shall bill and collect from the owner of any vacant lot not covered by an existing water and sewer account with the Department and having access to the public sanitary sewer a monthly readiness-to-serve charge of ten dollars.

SECTION 3: Section 15.32.190(B) of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

An additional amount equal to the greater of five percent of the total current net billing or ten dollars shall be added to the net billing, the total of which shall be the gross billing; provided, that the gross bill will be due if the net bill is not paid within fifteen days of billing. The gross bill will be combined with any arrears to determine the total amount due.

SECTION 4: A new and appropriately numbered section of Title 15, Chapter 24 of the Metropolitan Code of Laws shall be added, reading as follows:

Readiness to serve charge. Notwithstanding any other provision of the Metropolitan Code of Laws, the Department shall bill and collect from any customer with a private fire protection service connection a monthly readiness-to-serve charge. The charge shall reflect the Department’s actual costs incurred in providing such service. A written statement of the charge as determined by the Department shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available on request to any citizen of Davidson County. The charge may be increased or decreased from time to time upon written notice to the Metropolitan Clerk and each member of the Metropolitan Council to reflect changes in the Department’s actual costs of providing the service contemplated herein.

SECTION 5: The table set forth in Metropolitan Code of Laws section 15.20.030 shall be replaced with the following:

Size of tap       Fee

   ¾”             $430
    1”             $610
    2”             $780
    3”           $1,300
    4”           $1,730
    6”           $2,590
    8”           $3,460
   10”           $5,190
   12”           $6,200

SECTION 6: A new and appropriately numbered section of Title 15, Chapter 20 of the Metropolitan Code of Laws shall be added, reading as follows:

Plan and permit review – schedule of charges. Notwithstanding any other provision of the Metropolitan Code of Laws, the Department shall develop a schedule of charges for services provided in determining service availability, reviewing permit applications or reviewing plans submitted by private entities for proposed new connections to the public water or sewer systems intended to serve any use other than one single family residence. The schedule of charges shall reflect the Department’s actual costs incurred in providing such services. A copy of the schedule of charges shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available on request to any citizen of Davidson County. The Department shall bill and collect in accordance with the schedule of charges, which may be amended from time to time to reflect changes in the Department’s actual costs of providing the services contemplated herein.

SECTION 7: A new and appropriately numbered section of Title 15, Chapter 20 of the Metropolitan Code of Laws shall be added, reading 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.
C. For purposes of this section, “unit of flow” shall mean three hundred fifty gallons per day expected average usage.
D.
E. 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.
F.
SECTION 8: 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 to the public sewer system. This capacity charge shall be distinguished from and collected in addition to applicable tap fees.
B.
SECTION 9: The table set forth in Metropolitan Code of Laws section 15.36.020 shall be replaced with the following:

Size of tap     Fee

   4”or 6”       $860
      8”        $2,590
     10”       $3,850
     12”       $6,050
     15”       $6,900

SECTION 10: A new and appropriately numbered section of Title 15, Chapter 48 of the Metropolitan Code of Laws shall be added, reading as follows:

Reconnection charges. In the event a customer’s service is disconnected in accordance with the provisions of the Metropolitan Code of Laws or the Department’s rules and regulations and such service is subsequently reconnected, the Department shall bill and collect a charge of fifty dollars from the customer if reconnection was requested and accomplished on the same day the customer became eligible for reconnection and a charge of twenty-five dollars if reconnection was requested and accomplished on the day after the customer became eligible for reconnection.

SECTION 11: A new and appropriately numbered section of Title 15, Chapter 48 of the Metropolitan Code of Laws shall be added, reading as follows:

New account connection – same day service charge. In the event a customer establishes a new account for water service, the Department shall bill and collect a charge of thirty-five dollars from such customer if connection is requested and accomplished on the same day the customer becomes eligible for service.
SECTION 12: A new and appropriately numbered section of Title 15, Chapter 48 of the Metropolitan Code of Laws shall be added, reading as follows:

New water meter installation inspection charge. The Department shall bill and collect a charge of forty-two dollars from the customer for performing an inspection of each water meter installed under the provisions of the Metropolitan Code of Laws in connection with initiation of water service for a property not previously served by the Department.

SECTION 13: A new and appropriately numbered section of Title 15, Chapter 60 of the Metropolitan Code of Laws shall be added, reading as follows:

Grease collection device inspection charge. The Department shall bill and collect a charge of one hundred twenty dollars from the customer for performing an annual inspection of each grease collection device maintained by a food service establishment that is a customer of the Department. For purposes of this subsection, a food service establishment is any place of business that prepares, cooks, heats or reheats food for sale to retail or wholesale customers on or off the business premises.

SECTION 14: A new and appropriately numbered section of Title 15, Chapter 60 of the Metropolitan Code of Laws shall be added, reading as follows:

Plan and permit review – schedule of charges. Notwithstanding any other provision of the Metropolitan Code of Laws, the Department shall develop a schedule of charges for services provided in reviewing and administering permit applications for businesses covered by this Chapter. The schedule of charges shall reflect the Department’s actual costs incurred in providing such services. A copy of the schedule of charges shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available on request to any citizen of Davidson County. The Department shall bill and collect in accordance with the schedule of charges, which may be amended from time to time to reflect changes in the Department’s actual costs of providing the services contemplated herein.

SECTION 15: A new and appropriately numbered section of Title 15, Chapter 64 of the Metropolitan Code of Laws shall be added, reading as follows:

Stormwater plan and permit review charge. Notwithstanding any other provision of the Metropolitan Code of Laws, the Department shall develop a schedule of charges for services provided in reviewing permit applications, variance requests or reviewing plans submitted by private entities for proposed projects that must comply with the Metropolitan Government’s stormwater management regulations. The schedule of charges shall reflect the Department’s actual costs incurred in providing such services. A copy of the schedule of charges shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available on request to any citizen of Davidson County. The Department shall bill and collect in accordance with the schedule of charges, which may be amended from time to time to reflect changes in the Department’s actual costs of providing the services contemplated herein.

SECTION 16: 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: Rip Ryman, Feller Brown

LEGISLATIVE HISTORY

Introduced: June 5, 2007
Passed First Reading: June 5, 2007
Referred to: Budget & Finance Committee
Public Works Committee
Passed Second Reading: June 19, 2007
Passed Third Reading: June 26, 2007
Approved: June 27, 2007
By: