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(a) Bills for water and service charges shall become due and payable to the city, in person, over the phone, by mail, online or as otherwise indicated on the customer's bill within 21 days from the date of the bill. If a customer has not paid the bill in full within 24 days of the date of the bill, a late charge shall be assessed against all unpaid current charges on the bill according to the specified in § 35-56(1).
(b) The owner, occupant or tenant of any premises receiving services shall be responsible for the payment of the fees incurred for such premises for services under this article.
(c) When an account becomes delinquent, the director may send the customer a second bill. If the account is not brought current within ten days of the date of the second billing, the city may suspend all city-provided utility services until payment is made in full.
(d) After the city has terminated a customer's service for nonpayment or if the account becomes delinquent, the director may file a lien against the property that received the services in the amount of the delinquent fee. A lien may not be filed against any property that is protected as a homestead by the Texas Constitution.
(e) A notice of lien authorized by this section shall be filed in the real property records in the county in which such property is located. The lien shall contain a legal description of the property and the service account number.
(f) The director may add the amount of delinquent charges, including penalties, filing fees, interest and collection costs, if any, incurred upon the property as of the date of execution of the lien. Should additional delinquent charges be incurred subsequent to the date of the original lien's execution, a correction lien may be executed and filed fixing the additional delinquent charges. The correction lien, when filed of record, shall relate back to the date of recording of the original lien and shall become a part of the original lien.
(g) A lien filed pursuant to this section is inferior to a bona fide mortgage lien that is recorded before the recording of the city's lien. The city's lien is superior to all other liens including previously recorded judgment liens and any liens recorded after the city's lien.
(h) The authority of the director to impose liens on real property for nonpayment of service fees does not apply to property which has been properly declared rental property pursuant to this subsection.
(1) The owner of any property which is rented to another person may declare such property to be rental property not subject to lien if the service account is in the name of the tenant.
(2) The declaration shall be in writing, specifically naming the service address, declaring such to be rental property, and declaring that the owner does not wish such property to be used as security for services provided by the city.
(3) The declaration of rental property shall be valid only so long as the person making the declaration owns the property, and rents the property to another, and the tenant has services provided in his or her name. An owner may revoke a declaration at any time by notifying the city in writing.
(i) A lien shall not apply to the services provided to the tenant prior to the effective date of this section, nor shall it apply to services provided a tenant in the tenant's name after a declaration is filed by the property owner.
(j) A lien may be appealed, modified and released as follows.
(1) Within 30 days after filing a lien pursuant to this section, the director shall give notice to the property owner and the account holder that such a lien has been filed on the property. Notice shall be delivered by certified mail, return receipt requested.
(2) Within 30 days after receiving notice, the property owner may appeal the filing of the lien to the director in writing. The director may hold a hearing on the matter or may make a decision based upon the property owners written appeal.
(3) The director shall authorize the release of the lien if the property owner shows by a preponderance of the evidence that no bill for services to the property is owing or that at the time the lien was filed the property was protected as a homestead under the Texas Constitution.
(4) The director may modify or release the lien to reflect the true amount of delinquency in payment for services to the property if the owner proves by a preponderance of the evidence that a lesser bill is owing than that alleged by the lien.
(5) The person last listed on the county tax rolls as being the owner of the subject property shall be presumed to be the owner for purposes of this subsection (j), and the address listed for the owner on the county tax records shall be presumed to be the address of the owner.
(6) Whenever a person pays all interest, principal, and filing fees of a lien validly filed pursuant to this section, the director shall execute a release of that lien and surrender it to the paying party. The city shall not be responsible for filing the release.
(k) The city attorney, at the request of the director, may file suit to judicially foreclose the lien in a state court of competent jurisdiction.
(1964 Code, § 37-32) (Ord. 18835-09-2009, § 4, passed 9-22-2009, eff. 1-1-2010; Ord. 23990-12-2019, § 4, passed 12-17-2019, eff. 4-1-2020; Ord. 25423-03-2022, § 2, passed 3-29-2022)
(a) Accounting requirements. The director shall keep:
(1) Accurate records of all security deposits, including, but not limited to, the depositor’s name, amounts deposited and deposits refunded; and
(2) Separate accounts of all security deposits.
(b) Administration of deposits. The director shall administer cash security deposits in accordance with the following rules:
(1) A deposit will be applied toward payment of the final bill amount due the city when a service account is closed or becomes inactive due to delinquency, transfer of ownership or other reasons;
(2) A deposit made to secure service to premises may be transferred or applied toward payment of a final bill; and
(3) A deposit, less amounts due for service, will be returned to the customer when service is discontinued, unless the deposit is transferred to another address.
(Ord. 9937, § 2, passed 8-25-1987)
(a) Definition. As used in this section only, the term CUSTOMER means a single-family residence or duplex and shall include a yard meter serving such residence or duplex.
(b) Refund requirements. The director of the water department or his or her duly authorized representative may refund a security deposit to the customer when the customer meets all of the following conditions:
(1) The customer has been receiving service for 12 continuous months;
(2) The customer has acquired a satisfactory credit history with the water department;
(3) The customer has not made payment during the past 12 months with a check returned due to insufficient funds; and
(4) The customer has no delinquent bills outstanding.
(c) Refusal to refund. Notwithstanding subsection (a) above, the director of the water department or his or her duly authorized representative may refuse to refund a security deposit where due to the circumstances of a customer’s account there is a substantial risk of financial loss to the department.
(d) Review for eligibility. The director of the water department or his or her duly authorized representative shall review all customer payment histories at least once each year to determine eligibility for refund. Refunds will be made in the following manner.
(1) A refund will normally be credited to a customer’s bill.
(2) If a refund is greater than the outstanding bill, the remaining portion of the refund will be applied to the subsequent bills.
(3) If a customer no longer has an account for service or, in special circumstances approved by the director of the water department, such refund may be made by a check made payable to the customer.
(Ord. 9937, § 3, passed 8-25-1987)
Cross-reference:
Water and wastewater system facility access fees, see § 35-58.1
Editor’s note:
Ord. 10601, § 1, adopted June 5, 1990, amended the code by adding provisions designated as § 35-58.2. For purposes of classification, said provisions have been included herein as Div. 2, §§ 35-66 through 35-80.1 at the discretion of the editor. Sections 35-56 through 35-65 have been designated as Div. 1. See the Code Comparative Table for a detailed analysis of inclusion. See also the editor’s note at § 35-58.1.
This division is intended to assure the provision of adequate public facilities to serve new development in the city by requiring each such development to pay its pro rata share of the costs of capital improvements necessitated by and attributable to such new development.
(Ord. 10601, § 1(1.02), passed 6-5-1990)
This division is adopted pursuant to Tex. Local Government Code Chapter 395 (Vernon 1990 Supp.) (SB336) and pursuant to the Fort Worth City Charter. The provisions of this division shall not be construed to limit the power of the city to utilize other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth herein, either in substitution for or in conjunction with this division.
(Ord. 10601, § 1(1.03), passed 6-5-1990)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ADVISORY COMMITTEE. The city’s capital improvements plan advisory committee, originally appointed by Res. 1487.
ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this division.
BENEFIT AREA. Either a water benefit area established pursuant to Subdivision II of this division or a wastewater benefit area established pursuant to Subdivision III of this division, within the city and the city’s extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansions will be collected for new development occurring within such area and within which fees so collected will be expended for those improvements or expansions identified in the capital improvements plan applicable to the benefit area for that category of capital improvement.
CAPITAL IMPROVEMENT. Either a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
CITY. The City of Fort Worth, Texas.
CREDIT. The amount determined under this division by which a wastewater impact fee is reduced as a result of the payment of wastewater system access fees imposed pursuant to § 35-58.1 of the city code by a new development prior to the effective date of this division. CREDIT does not include a reduction in the amount of an impact fee due for payment of connection charges defined in § 35-57 of the city code or for payment of front foot charges pursuant to § 35-58 of the city code.
FACILITY EXPANSION. Either a water facility expansion or a wastewater facility expansion.
FINAL PLAT RECORDATION. The filing of the final plat with Tarrant County following compliance with all conditions of approval pursuant to the city’s subdivision regulations.
IMPACT FEE. Either a fee for water facilities or a fee for wastewater facilities imposed on new development by the city pursuant to this division in order to generate revenue to fund or recoup the costs of capital improvements or facility expansion necessitated by and attributable to such new development. IMPACT FEES do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements. IMPACT FEES also do not include connection charges defined in § 35-57 of the city code or front footage charges for wastewater and water lines imposed pursuant to § 35-58 of the city code.
IMPACT FEE CAPITAL IMPROVEMENTS PLAN. Either a water capital improvements plan or a wastewater capital improvements plan adopted or revised pursuant to this division.
LAND USE ASSUMPTIONS. The projections of population and employment growth within the benefit area adopted by the city, as may be amended from time to time, upon which the capital improvements plans are based.
NEW DEVELOPMENT. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city’s subdivision regulations, the issuance of a building permit, or connection to the city’s water or wastewater system and which has not been exempted from compliance with these regulations by provisions herein or by schedules attached hereto. Said schedules are not set out herein, but are on file and available for inspection in the office of the city clerk.
PLAT. The plan or map for the subdivision to be filed for record in Tarrant County. PLAT includes replat.
PLATTING. The act of preparing for approval and processing the plan or map for the subdivision to be filed for record in Tarrant County, pursuant to the city’s subdivision regulations. PLATTING includes replatting.
PROPERTY OWNER. Any person, group of persons, firm, corporation or any other legal entity having legal title to or sufficient proprietary interest in the property on which new development is to occur. PROPERTY OWNER includes the developer for the new development.
RECOUPMENT. The imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.
SERVICE UNIT. One equivalent meter unit, which is the standardized measure of consumption, use or generation of wastewater or water facilities equivalent to the consumption, use or generation of such facilities attributable to a single-family dwelling unit utilizing a three-fourth-inch water meter.
UTILITY CONNECTION. The physical connection of the new development to the city’s water system or to the city’s wastewater system.
WASTEWATER FACILITY. Land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the city or in behalf of the city. WASTEWATER FACILITY excludes wastewater collection mains and facilities.
WASTEWATER FACILITY EXPANSION. The expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.
WASTEWATER CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this division.
WATER FACILITY. Land or easements or improvements associated with water treatment facilities, water storage and water pumping facilities. WATER FACILITY excludes water distribution mains and facilities.
WATER FACILITY EXPANSION. The expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing water improvement to serve existing development.
WATER CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the water facilities or water facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this division.
(Ord. 10601, § 1(1.04), passed 6-5-1990)
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