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File #: O-116-15    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 5/8/2015 In control: Metro Council
On agenda: 7/30/2015 Final action: 7/30/2015
Title: AN ORDINANCE AMENDING THE LOUISVILLE METRO CODE OF ORDINANCES (LMCO) SECTION 50.48 TO ADD SUBURBAN FIRE DISTRICTS TO PROPERTIES EXEMPT FROM MSD CAPACITY CHARGES.
Sponsors: Stuart Benson (R-20), Madonna Flood (D-24), David Yates (D-25), James Peden (R-23)
Attachments: 1. ORD 112 2015
ORDINANCE NO. __________, SERIES 2015
TITLE
AN ORDINANCE AMENDING THE LOUISVILLE METRO CODE OF ORDINANCES (LMCO) SECTION 50.48 TO ADD SUBURBAN FIRE DISTRICTS TO PROPERTIES EXEMPT FROM MSD CAPACITY CHARGES.
BODY
Sponsored By: Council Members Benson, Peden, Yates, and Flood

WHEREAS, properties owned by Metro Government, including those operated by Louisville Division of Fire are exempt from MSD capacity charges; and
WHEREAS, suburban fire districts organized pursuant to KRS 75 provide equivalent services to residents of Metro Louisville; and
WHEREAS, including suburban fire districts in the capacity charge exemption list is fair and equitable as both LFD and suburban fire district are tax supported public agencies.
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:

SECTION I: LMCO Section 50.48 is hereby amend as follows:
? 50.48 EXEMPTIONS.
Capacity charges are not applicable to the following:
(A) Existing developed properties connecting to the MSD's system but previously served by another (non-MSD) sewer system or on-lot wastewater disposal system.
(B) Properties to be served by a new wastewater treatment plant to be owned by MSD and constructed and financed jointly by agreement between MSD and one or more developers; however, the prorated shares of the developer's capital costs, based on their estimated use of design capacity, shall not be less than the amounts MSD would recover by using the capacity charge calculations. Properties in the service area not party to the agreement will pay the capacity charge.
(C) Properties within an "Enterprise Zone" established pursuant to KRS Chapter 154.
(D) Properties owned by the Metro Government.
(E) Properties which connect prior to January 1, 1993 to an MSD sewer which was installed and available in an abutting right-of-way or easement as of January 1, 1987, provided that the ...

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