ORDINANCE NO. BL2008-215

ORDINANCE NO. BL2008-215

An ordinance amending sections 15.20.045, 15.20.050, 15.20.060, 15.36.040, 15.36.070, and 15.36.080 of the Metropolitan Code of Laws to clarify when capacity fees are applicable and procedures for collection and the circumstances under which capacity and tap fees may be paid in installments.

WHEREAS, Title 15 of the Metropolitan Code of Laws currently requires the payment of capacity charges when new connections are made to the public water or sewer systems; and

WHEREAS, capacity charges are a fair and reasonable means of offsetting the effect of new connections on the existing capacity of the public water and sewer systems; and

WHEREAS, permitting the payment in installments of capacity charges owed on account of certain connections to the public water and sewer systems will make the charges more fair.

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

SECTION 1: Section 15.20.045(A) of the Metropolitan Code of Laws is hereby amended by adding the following sentence at the end of the current text:

An increase in water use of ten percent or more through an existing connection, as compared to average flow measured during the previous three years, shall be considered a new connection for purposes of this section.

SECTION 2: The text of section 15.20.045(C) of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

Except in cases covered by section 15.20.050 of the Metropolitan Code of Laws, all charges established under 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: The text of section 15.20.050(A) of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

The director of the department of water and sewerage services and director of finance are authorized to establish a system of partial payments for tapping and capacity charges created by this chapter for customers using connections to the public water system no larger than 1½ inches and with expected usage averaging 5,000 gallons per day or less. Eligible customers shall be allowed to make payment in thirty-six equal monthly installments, without interest, from the date of connection. This section shall not apply to single-family residential developments or to combined single-family and commercial developments.

SECTION 4: The text of section 15.20.050(B) of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

The director of the department of water and sewerage services is authorized to discontinue water service to any parcel of property when any installment payment due under this chapter shall become delinquent.

SECTION 5: Section 15.20.060 of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

Tapping and capacity fees specified in this chapter shall constitute a lien against the property served, which lien shall run with the property. The Metropolitan Government may enforce the lien against the property involved as prescribed by law.

SECTION 6: Section 15.36.040(A) of the Metropolitan Code of Laws is hereby amended by replacing the first sentence of the current text with the following:

An increase in sewer use of ten percent or more through an existing connection, as compared to average flow during the previous three years, shall be considered a new connection for purposes of this section.

SECTION 7: Section 15.36.040(F) of the Metropolitan Code of Laws is hereby amended by replacing the first sentence of the current text with the following:

Except in cases covered by section 15.36.070 of the Metropolitan Code of Laws, all charges established under this section shall be due and payable prior to the issuance of a permit for service connection to the public sewer.

SECTION 8: Section 15.36.070 of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

The director of the department of water and sewerage services and director of finance are authorized to establish a system of partial payments for tapping and capacity charges created by this chapter for customers using four-inch, six-inch and eight-inch sanitary sewer connections with expected sewer effluent averaging 5,000 gallons per day or less. Eligible customers shall be allowed to make payment in thirty-six equal monthly installments, without interest, from the date of connection. This section shall not apply to single-family residential developments or to combined single-family and commercial developments.

SECTION 9: Section 15.36.080 of the Metropolitan Code of Laws shall be replaced in its entirety with the following:

SECTION 10: 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: Erik Cole, Emily Evans, Walter Hunt, Parker Toler, Megan Barry

LEGISLATIVE HISTORY
Introduced:	May 6, 2008
Passed First Reading:	May 6, 2008
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	May 20, 2008
Passed Third Reading:	June 3, 2008
Approved:	June 5, 2008
By: