ORDINANCE NO. BL2011-83

An Ordinance amending Chapter 15.52 of the Metropolitan Code pertaining to the extension of water mains to properties served by wells.

WHEREAS, although the overwhelming majority of properties in Nashville and Davidson County have access to water provided by the Department of Water and Services or by one of the utility districts operating within the county, there are currently 31 wells in Davidson County upon which property owners rely to obtain potable water; and

WHEREAS, some of the wells tested by the Department of Health have been determined to contain harmful E. Coli and other coliform bacteria; and

WHEREAS, Section 15.52.010 of the Metropolitan Code provides that the entire cost of construction and inspection for water main extensions shall be borne by the developer and that no Metropolitan Government funds may be utilized for the construction of such extension; and

WHEREAS, taxpaying residents of Metropolitan Nashville and Davidson County deserve to have access to clean drinking water, free from harmful bacteria; and

WHEREAS, it is fitting and proper that the Department of Water and Sewerage Services be granted the authority to use government funds to extend water mains to existing homes currently served by wells.

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

Section 1. That Section 15.52.010 of the Metropolitan Code is hereby amended by adding the following new subsection C.:

“C. Notwithstanding the provisions of subsection A. of this section to the contrary, in the interest of public health and safety, the department of water and sewerage services shall have the authority to construct extensions to the water system to serve existing private residential properties currently being served by well water upon obtaining the necessary rights-of-way and easements for the extensions. The costs for such extensions shall not be borne by the property owner(s) or customer(s) to be served, but shall be borne by the metropolitan government from revenue sources other than customer rate payments or debt for which customer rate payments are pledged. The provisions of this subsection shall only be applicable to residences constructed prior to the year 2006.”

Section 2. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bruce Stanley