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Editor’s note–Adoption of this article was required by the City of Fort Worth in order for the City of Lake Worth to continue discharging its sanitary sewer into the sewer system of the City of Fort Worth for treatment. In order to comply, the city adopted Ordinance 9853 adopted by the City of Fort Worth on May 1, 1987, except sections 7 and 8.
When used in this article, these terms shall be defined as follows:
Building permit.
A permit required by the city for the construction of any new dwelling or building.
City.
The City of Fort Worth, Texas and/or the City of Lake Worth, Texas.
Commercial.
Any customer served by a single meter or meters that is engaged in any type of business, except the processing, fabrication, or manufacturing of any goods or products and any type of dwelling unit.
Commercial-multiple unit.
Any customer that has a single meter or meters serving more than one (1) business per meter and/or three (3) or more dwelling units per meter.
Director.
The director of the water department of the City of Fort Worth, or his authorized representative (and/or the engineer of the city, or his authorized representative).
General benefit facility.
Wastewater facilities that provide utility services and benefits common to all customers of the utility; this includes wastewater treatment plants, control systems and appurtenances, and all major collectors and interceptors that are eighteen inches (18") and greater in diameter.
Industrial.
Any customer served by one (1) or more water meters whose sewage contains wastewater from a product fabricated, processed, or manufactured by the customer.
Industrial-monitored class.
Any customer determined by the director to be a producer of any sewage having a suspended solids or BOD content which is significantly in excess of that found in normal sewage, but is otherwise acceptable into the city sanitary sewerage system.
Initial water or wastewater service.
The first water or wastewater service to be provided by the city at a specific property location.
Living area.
The enclosed area of a dwelling that does not include garages, carports, and outside patios or porches.
Meter.
A device that measures the quantity of water used. The types of meters used herein are those described in the American Water Works Association C700 through C703 and M6 Standards.
New development.
Subdivision of land; 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 requires initial water or wastewater service. New development includes the sale of water taps resulting from the conversion of an individual well to the city’s water utility and includes the sale of sanitary sewer taps resulting from the conversion of an individual septic or other individual waste disposal system to the city’s sanitary sewer utility. New development also includes increasing the size of the water meter serving the property.
Public utility.
Any person, firm, corporation, cooperative corporation, or any combination of these persons or entities, including a municipal corporation, water supply or sewer service corporation, or other political subdivision of the state, or their lessees, trustees, and receivers, owning or operating for compensation equipment or facilities for the provision of potable water to the public or for the collection and treatment of sewage for the public, but does not include any person or corporation not otherwise a public utility that furnishes the services only to itself or its employees or tenants as an incident of that employee’s service or tenancy when that service is not resold to or used by others.
Residential.
Any customer living in a dwelling having the necessary living facilities for one (1) unit that is served by a single water meter. This class also includes a duplex dwelling where no more than two (2) living units are supplied water through a single meter.
(1987 Code, ch. 10, sec. 4A; Ordinance 987, sec. 2, adopted 8/14/12; 2004 Code, sec. 13.401)
(a) 
No person, firm, corporation or other entity shall be entitled to initial water or wastewater service until payment of the appropriate system facility access fee as set forth in section 13.05.003 hereof. Payment of the system facility access fee is required as a condition precedent to establishing initial water or wastewater service. All other conditions for initiating service, such as deposit requirements, tap fees, extension agreements, and service charges, as covered elsewhere in this code, are in addition to the system facility access fee.
(b) 
Prior to the initial connection of any building, structure, premises, or lot after the effective date of this article to the city’s water or wastewater system, the owner of that building, structure, premises or lot shall pay the system facility access fee as established in section 13.05.003, such fee to be paid in cash prior to the issuance of the building permit.
(Ordinance 987, sec. 3, adopted 8/14/12; 2004 Code, sec. 13.402)
The system facility access fees are those imposed upon the city by the City of Fort Worth for providing water and wastewater service to new development contained within the incorporated city limits of Lake Worth and to which service is provided either directly or indirectly by the City of Fort Worth water and wastewater systems. The system facility access fees for residential and other classes of customers shall be the applicable system facility access fees (impact fees) set and assessed by the City of Fort Worth pursuant to the wholesale water and wastewater contracts between Fort Worth and Lake Worth.
(Ordinance 1078 adopted 4/11/17; 2004 Code, sec. 13.403)
(a) 
If any property within or outside the city’s corporate limits utilizes a water well, a septic tank, or an individual waste disposal system and the property owner requests to be connected to the city’s water or wastewater system, the customer shall be assessed the fee established by this article before the property is connected to the city’s water or wastewater system. Should the property owner request only a wastewater connection while retaining a private water well, the appropriate fee to be assessed will be determined by the director.
(b) 
A system facility access fee will not be assessed to any property which is receiving service from a wastewater treatment plant owned by a public utility when such public utility is acquired by the city and connected into the city’s wastewater system.
(Ordinance 987, sec. 5, adopted 8/14/12; 2004 Code, sec. 13.404)
Where a question arises as to the classification of a customer’s service class and/or the appropriate meter size, the director (or superintendent) shall make the determination in accordance with the existing city code as of the date the question arises. Any customer shall have the right to request in writing from the director (or superintendent) an interpretation or clarification of the basis upon which a system facility access fee was assessed.
(1987 Code, ch. 10, sec. 4E; 2004 Code, sec. 13.405)
(a) 
If a customer requests an increase in meter size to an existing service, the customer shall pay the fee difference between the new level of service and the existing level of service as set out in section 13.05.003 hereof. The additional fee shall be paid prior to the installation of the enlarged meter service.
(b) 
A request for additional sewer connections for improved property shall not result in the assessment of an additional system facility access fee so long as no increase in the size of the water meter is made.
(1987 Code, ch. 10, sec. 4F; 2004 Code, sec. 13.406)
No system facility access fee shall be assessed an application for initial wastewater service provided:
(1) 
All approach and on-site mains and facilities are in place and final inspection has been conducted and accepted by the water department;
(2) 
Such application for the initial wastewater service is presented to the city on or before May 1, 1987; and
(3) 
The application for a building permit for the same property as the initial wastewater service application is presented to the city on or before September 30, 1987.
(1987 Code, ch. 10, sec. 4G; 2004 Code, sec. 13.407)