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Bill BL2019-45 (as amended)

An ordinance amending sections 15.20.030, 15.20.045, 15.20.110, 15.32.010, 15.32.020, 15.36.020, 15.36.030, 15.36.040, 15.44.010, 15.44.020, 15.48.220, 15.48.300, and 15.52.040 of the Metropolitan Code of Laws.

WHEREAS, the Department of Water and Sewerage Services (“Department”) provides to customers, developers and others numerous services to enhance the quality of water and wastewater 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 15.20.030(A) of the Metropolitan Code of Laws is amended by replacing the table therein in its entirety with the following:

Tap Size (inches) Fee ($)
⅝ 500
¾ 525
1 550
2 1,300
3 2,000
4 3,200
6 5,500
8 8,500
10 11,000
12 11,000

SECTION 2: Section 15.20.045(A) of the Metropolitan Code of Laws is amended by replacing the first sentence thereof with the following:
Notwithstanding any other provision of the Metropolitan Code of Laws to the contrary, there is established a capacity charge of one thousand three hundred seventy-five dollars per unit of flow on all new connections to the public water supply system.

SECTION 3: Section 15.20.110 of the Metropolitan Code of Laws is amended by replacing the first sentence thereof with the following:
The department shall develop and implement a schedule of charges to recover the actual costs of services provided in determining water and sewer service availability, reviewing permit applications, reviewing plans submitted by private entities, or similar services for proposed new connections to the public water or sewer systems intended to serve any use other than one single family residence.
SECTION 4: Section 15.32.010 of the Metropolitan Code of Laws is replaced in its entirety with the following:
There shall be two classes of customers for water service. There shall be a residential class, comprising properties with one or two housing units receiving domestic water service through one meter. All other water customers shall be classified as non-residential.

SECTION 5: Section 15.32.020 shall be replaced with the following:
(A) For the years beginning January 1, 2020 through January 1, 2024, every customer receiving water service from the department shall pay a fixed monthly service charge based on meter size as provided in Table 15.32.020(a) and a monthly water usage charge as provided in Table 15.32.020(b).
Table 15.32.020(a) – Meter Charge

Monthly Service Charge ($)
Year 2020 2021 2022 2023 2024
Meter Size
(inches)
⅝ 5.09 5.30 5.45 5.62 5.79
¾ 12.12 12.61 12.98 13.37 13.78
1 15.28 15.89 16.36 16.86 17.36
1.5 26.85 27.92 28.76 29.62 30.51
2 37.91 39.42 40.61 41.82 43.08
3 60.58 63.01 64.90 66.84 68.85
4 137.72 143.23 147.53 151.95 156.51
6 171.93 178.81 184.18 189.70 198.39
8 and 10 223.72 232.67 239.65 246.84 254.24

Table 15.32.020(b) – Water Usage Charge
[see attachment for Table]

Non-Residential Usage (ccf)
all 2.75 2.86 2.95 3.04 3.13

(B) The rates provided in Table 15.32.020(a) and 15.32.020(b) shall be adjusted on January 1, 2025 and on January 1 of each succeeding year by the greater of (a) a percentage equal to the percentage change in the CPI Urban Index (CPI-U) over the preceding year and (b) 2%, unless the change in the CPI-U is negative, in which case there shall be no change for that calendar year. Notice of the annual adjustments to begin on January 1, 2025 shall be provided to each member of the Metropolitan Council, published on the Metropolitan Government’s website and made available to the public in the Metropolitan Clerk’s office at least 30 days before an adjustment goes into effect. Not later than the seventh anniversary of the effective date of this ordinance, and at least every seven years thereafter, the department shall engage a qualified consultant to perform a rate study and analysis to confirm the department’s costs in providing services and determine whether the rates then in effect are fair and reasonable. A copy of such studies shall be provided to each member of the Metropolitan Council, published on the Metropolitan Government’s website and made available to the public in the Metropolitan Clerk’s office.
SECTION 6: Section 15.36.020(A) of the Metropolitan Code of Laws is amended by replacing the table therein in its entirety with the following:

Tap Size (inches) Fee ($)
4 or 6 360
8 370
10 380
12 390
15 400

SECTION 7: Section 15.36.030(D) of the Metropolitan Code of Laws is replaced in its entirety with the following:

Any person requesting a letter of availability from the director shall pay a nonrefundable review fee at the time the request for the letter of availability is submitted to the director.

SECTION 8: Section 15.36.040(A) of the Metropolitan Code of Laws is amended by replacing the first sentence thereof with the following:
Notwithstanding any other provision of the Metropolitan Code of Laws to the contrary, there is established a capacity charge of two thousand three hundred dollars per unit of flow on all new connections to the public sewer system.

SECTION 9: Section 15.44.010 of the Metropolitan Code of Laws is replaced with the following:
There shall be two classes of customers for sewer service. There shall be a residential class, comprising properties with one or two housing units receiving domestic water service through one meter. All other sewer customers shall be classified as non-residential.

SECTION 10: Section 15.44.020 of the Metropolitan Code of Laws is replaced with the following:

(A) For the years beginning January 1, 2020 through January 1, 2024, every customer receiving sewer service from the department shall pay a fixed monthly service charge based on water meter size as provided in Table 15.44.020(a) and a monthly sewer usage charge as provided in Table 15.44.020(b).

Table 15.44.020(a) Sewer Service Charge
Monthly Service Charge ($)
Year 2020 2021 2022 2023 2024
Water Meter Size
(inches)
⅝ 8.14 8.46 8.72 8.98 9.25
¾ 36.00 37.44 38.56 39.72 40.91
1 46.58 48.44 49.90 51.39 52.94
1.5 90.67 94.30 97.13 100.04 103.04
2 127.38 132.48 136.45 140.55 144.76
3 158.59 164.93 169.88 174.98 180.22
4 449.98 467.97 482.01 496.47 511.37
6 536.44 557.89 574.63 591.87 609.63
8 and 10 686.89 714.36 735.79 757.87 780.60

Table 15.44.020(b) – Sewer Usage Charge

Charge Per CCF ($)
Year 2020 2021 2022 2023 2024
Residential Usage (ccf)
all 5.85 6.08 6.26 6.45 6.64

Non-Residential Usage (ccf)
all 5.85 6.08 6.26 6.45 6.64

(C) The rates provided in Table 15.44.020(a) and 15.44.020(b) shall be adjusted on January 1, 2025 and on January 1 of each succeeding year by the greater of (a) a percentage equal to the percentage change in the CPI Urban Index (CPI-U) over the preceding year and (b) 2%, unless the change in the CPI-U is negative, in which case there shall be no change. Notice of annual adjustments to begin on January 1, 2025 shall be provided to each member of the Metropolitan Council, published on the Metropolitan Government’s website and made available to the public in the Metropolitan Clerk’s office at least 30 days before an adjustment goes into effect. Not later than the seventh anniversary of the effective date of this ordinance, and at least every seven years thereafter, the department shall engage a qualified consultant to perform a rate study and analysis to confirm the department’s costs in providing service and determine whether the rates then in effect are fair and reasonable. A copy of such studies shall be provided to each member of the Metropolitan Council, published on the Metropolitan Government’s website and made available to the public in the Metropolitan Clerk’s office.

SECTION 11: There shall be a new section 15.48.035 of the Metropolitan Code of Laws, reading as follows:
A ten percent surcharge shall be added to both the water and the sewer portion of each customer’s bill each month, with amounts collected from such surcharge authorized for use in funding water and sewer, capital improvements, and debt obligations related to improvements, alterations, and extensions of the water and sewerage systems.

SECTION 12: Section 15.48.220(B) of the Metropolitan Code of Laws is amended by replacing the first sentence thereof with the following:
Any customer whose water service is disconnected for failing to pay for water or sewer service rendered by the department or failing to follow the requirements of this chapter or the department’s rules and regulations must pay a reconnection charge in the amount of sixty dollars.

SECTION 13: Metropolitan Code of Laws § 15.48.300 shall be replaced in its entirety with the following:

The department shall bill and collect a charge of seventy-five 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.

The department shall develop a schedule of charges for services performed in connection with inspection, maintenance and repair of meters for commercial customers. The schedule of charges shall not exceed the department’s actual costs incurred in providing such services. 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. A copy of the schedule of charges, and any change thereto, shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available upon request to any citizen of Davidson County. Charges under this subsection may be waived pursuant to a written departmental policy encouraging water conservation, environmental stewardship and other practices that benefit the Metropolitan Government.

SECTION 14: Metropolitan Code of Laws § 15.52.040 shall be amended by adding a new subsection C, reading as follows:

The department shall develop a schedule of charges for services performed in connection with private sewer extensions. The schedule of charges shall not exceed the department’s actual costs incurred in providing such services. 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. A copy of the schedule of charges, and any change thereto, shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available upon request to any citizen of Davidson County. Charges under this subsection may be waived pursuant to a written departmental policy encouraging water conservation, environmental stewardship and other practices that benefit the Metropolitan Government.

SECTION 15: This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Bob Mendes, Angie Henderson, Steve Glover, Emily Benedict, Ginny Welsch

Legislative History

IntroducedNovember 5, 2019

Passed First ReadingNovember 5, 2019

Referred to:Budget and Finance Committee
Public Works Committee

Passed Second ReadingNovember 19, 2019

Passed Third ReadingDecember 3, 2019

Approved-

By-

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 12/06/2019 3:43 PM