Metro Clerk

Resolution RS2020-209

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support a change in state law to include stormwater utilities among the utilities covered under the Water and Wastewater Treatment Authority Act.

WHEREAS, the Water and Wastewater Treatment Authority Act, T.C.A. § 68-221-601, et seq. authorizes local governments operating municipal water and wastewater systems to create a water and wastewater treatment authority to acquire and operate such systems; and

WHEREAS, T.C.A. § 68-221-1107 allows municipalities constructing, operating, or maintaining stormwater or flood control facilities to create a stormwater utility with the authority to establish a graduated stormwater user's fee to be assessed and collected from each user of the stormwater facilities provided by the municipality; and

WHEREAS, the Metropolitan Government of Nashville and Davidson County (“Metro”), through its Department of Water and Sewerage Services (“MWS”), currently operates a municipal water and wastewater utility funded by ratepayers and a stormwater utility funded through a stormwater user’s fee; and

WHEREAS, Metro is considering the creation of a new water and wastewater treatment authority to assume the assets and operations of MWS; and

WHEREAS, a change in state law is needed to allow a Metro water and wastewater treatment authority to also operate a stormwater utility.

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

Section 1. The Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support an amendment to the Water and Wastewater Treatment Authority Act to allow a water and wastewater authority to operate and maintain a stormwater utility funded through a stormwater user’s fee.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.