(a) 
Deposits.
A city utility service customer must deposit with the city, as security for the payment of utility bills owing and to become owing, and as security also for the performance of all other obligations of the customer, a minimum deposit of $170.00 for residential and $780.00 for commercial customers. The minimum deposit may be increased, at the city manager's or their designee's discretion for unusual circumstances. Unusual circumstances include but are not limited to payment and disconnection history with the city, larger than standard utility connections, and excessive consumption of utility services resulting in higher than average utility bills.
(b) 
Refund.
Refunds of deposits made for utility service shall be made upon the termination of such utility service only after payment of all indebtedness to the city for such utility service. Application of the deposit may be made in partial or total settlement of accounts when the supply is cut off for nonpayment of the bill, or for any infraction or violation of any ordinance, rule or regulation of the city relative to utility services offered by the city.
(Code 1972, § 24-25; Ordinance 1218, § 1, 8-13-02; Ordinance 1430, § 1, 5-13-08; Ordinance 1759 § 1, 8-13-19; Ordinance 1952 adopted 9/10/2024)
If any person shall fail to pay such utility charge when due, a past due notice will be sent to the customer, and such default shall continue for a period of 10 days or more, the city shall have the right to disconnect all municipal utility service, from the building whose owner or occupant has so defaulted; and if such service is so disconnected for nonpayment of the utility charge when due, the city shall charge and collect, before any reconnection of any municipal utility service is made, or service resumed, the cash sum of $60.00 reconnection fee, in addition to all sums in arrears. The reconnect fee is $85.00 after regular working hours. The reconnect fee includes costs of processing the delinquent account and consequently water, sewer and natural gas services subject to disconnection shall be charged the reconnect fee regardless of whether or not the services are physically disconnected.
(Code 1972, § 24-27; Ordinance 509, § 1(5), 6-23-80; Ordinance 1218, § 1, 8-13-02; Ordinance 1340, § 1, 12-13-05; Ordinance 1430, § 1, 5-13-08; Ordinance 1473, § 3, 9-22-09; Ordinance 1586, § 1, 9-11-12; Ordinance 1952 adopted 9/10/2024)
(a) 
Upon completion of new construction or completion of additions to premises where a city wastewater tap is provided, the city shall bill the utility customer for payment of monthly wastewater charges after notification from the office of the building official that connection to a city wastewater tap is completed. The term "utility customer" may be synonymous with contractor or homeowner when such person undertakes the job of constructing, and said person's name is on the building permit as the contractor of record.
(b) 
When the utility billing office does not receive notice of completion of construction within 120 days after water meter installment, monthly charges for wastewater service shall be automatically billed the utility customer for payment. Should construction still be in progress after the first 120 days, the contractor may contact the utility billing office to request an extension of time. The contractor's state of construction shall be verified in writing through the office of the building official. The contractor may be given an extension of time that is deemed reasonable under the building permit.
(Ordinance 1138, § 2, 12-22-99; Ordinance 1218, § 1, 8-13-02; Ordinance 1430, § 1, 5-13-08)
All nonresidential/non-single-family utility accounts with deposits of $1,000.00 or greater may, at the discretion of the account holder substitute for the utility deposit, in a form acceptable to the city, an irrevocable letter of credit, surety bond and/or certificate of deposit with the city named as owner, assignee or beneficiary to secure any balance owed on the account. If at the time of the closing of the account a balance is due or whenever the account becomes delinquent due to nonpayment for more than 45 days the city shall be authorized to exercise its right, without notice, to seize the respective credit instrument and apply the full amount to the balance of the utility account. Any credit balance resulting from said action shall be refunded to account holder.
(Ordinance 1146, § 1, 3-28-00; Ordinance 1218, § 1, 8-13-02)
All monthly utility charges provided for in this chapter which remain unpaid after the due date stated on the utility bill shall incur a late payment fee, which shall be ten percent of the current charges due.
(Ordinance 1218, § 2, 8-13-02)
All items returned to the city unpaid will be assessed an NSF fee of $30.00. If services are disconnected to ensure collection of unpaid items, a reconnection fee will also be added.
(Ordinance 1218, § 2, 8-13-02; Ordinance 1952 adopted 9/10/2024)
No free municipal utility service shall be rendered to any person. No utility connection shall be maintained or serviced except upon the payment of the rate or charges for such maintenance or service as herein set forth, or as otherwise established by ordinance.
(Ordinance 1218, § 2, 8-13-02; Ordinance 1430, § 2, 5-13-08; Ordinance 1473, § 3, 9-22-09)
(a) 
A service charge of $60.00 will be made each time a customer requests a turn-on of a municipal utility service. The requested turn-on will be made only during regular business hours.
(b) 
A service charge of $60.00 shall apply to a turn-off of municipal utility service. The requested turn-off will be made during regular business hours.
(c) 
This section shall not apply when a customer or anyone acting on their behalf performs an unauthorized turn-on or turn-off of a municipal utility service.
(d) 
A service charge of $50.00 will be charged for each trip to a utility customer at the request of the customer.
(e) 
Every service visits that requires disconnection and locking of a meter shall incur a service fee of $60.00 per locking event.
(Ordinance 1218, § 2, 8-13-02; Ordinance 1340, § 2, 12-13-05; Ordinance 1473, § 3, 9-22-09; Ordinance 1952 adopted 9/10/2024)
Utility job estimate charges will apply when a property owner, or their agent, requests the city to provide a cost estimate for main line extension of any municipal utility service to their property. It may also be used for adjustment of utilities, in conflict with new development. If the property owner or agent pursues the extension, or adjustment, the $50.00 fee will be credited to the project cost.
(Ordinance 1218, § 2, 8-13-02; Ordinance 1430, § 2, 5-13-08; Ordinance 1473, § 3, 9-22-09)
Tap fees, connection fees, deposits, monthly billing charges or any other fee adopted by the city council shall remain in effect, notwithstanding any provision or requirement stipulated in this chapter.
(Ordinance 1218, § 2, 8-13-02)
The city council shall review on an annual basis the adequacy of all fees and charges established in this chapter and may, after a public hearing, make adjustments and adopt a new schedule of fees and charges.
(Ordinance 1218, § 2, 8-13-02)
The following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley
means a narrow street or footway at the rear of or between rows of buildings or lots.
Collection line
means a sanitary sewer line no larger than 12 inches inside diameter, but not less than six inches, that conveys wastewater by gravity.
Developer
means any person, partnership, firm, association, corporation and/or any officer, agent, employee and trustee thereof, who does, or participates in the doing of, any act causing improvement to a lot, tract, plat, subdivision or any other parcel of land.
Distribution mains
means mains, which are less than 12 inches inside diameter that provide fire protection and domestic service.
Easement
means a right held by a person, corporation, public utility, or municipality to make use of the land of another for a limited purpose, as right of passage. Example: Ten-foot utility easement on a single-family lot for municipal water, wastewater or natural gas lines.
Extension fee
means a fee required to be paid by a developer to reimburse the city for extending services beyond that which is provided as part of the tap fee.
Municipal utility service
means any of the City of Rockport utilities i.e. water, wastewater and/or natural gas from facilities that it owns and/or operates.
Street
means public thoroughfare, usually paved, in a village, town, or city, including the curb, gutter, shoulders, sidewalks and any additional right-of-way for future expansion.
Tap fee
means the fee to be paid that provides a utility tap or service connection for city owned utilities.
Transmission mains
means mains of 12 inches inside diameter or larger used to transport water from treatment facilities to distribution areas.
(Ordinance 1218, § 2, 8-13-02; Ordinance 1430, § 3, 5-13-08; Ordinance 1473, § 3, 9-22-09)
(a) 
A developer shall make application for proposed water or wastewater line extension to the public works director and shall supply all necessary information (maps, diagrams, engineering reports, etc.) concerning the line extension, as may be required. Utility job estimate charges shall apply as per this article.
(b) 
Upon compiling all necessary and required information, the public works director shall prepare a cost estimate.
(c) 
A proposal for water or wastewater main extension shall be made subject to all city conditions, which may include but not be limited to the following:
(1) 
All necessary mains, line, fire hydrants, gate valves and other fittings shall be furnished and installed at the cost of the developer by a qualified utility contract. All work shall be under the director of the city engineer and the public works director, or as otherwise agreed;
(2) 
The pipe diameter of any main to be extended shall be determined by the city engineer and the director of utilities;
(3) 
No extension of any main or service line shall be laid except in a dedicated street, public road or approved easement;
(4) 
Such mains, lines, fire hydrants and gate valves and other fittings, upon completion of testing and acceptance by the city, shall become the property of the city and the city shall have full control, management and jurisdiction of such lines, mains, fire hydrants and gate valves; and
(5) 
The city shall receive all revenues for water or wastewater service provided through such mains or lines.
(d) 
The developer making such extension may be entitled to reimbursement not to exceed the costs of materials and installation of such extension main, for the length of the main extension, minus the developer's pro rata share. Any reimbursement shall be paid only out of funds received for such reimbursement as herein provided.
(1) 
Developer shall make written request for a pro rata agreement to the public works director, no later than 30 days after the completion of the line extension. The developer shall furnish to the public works director satisfactory evidence as to the actual cost of such extension, as well as an administrative fee of $500.00 The amount of such costs as finally determined by the public works director shall be conclusive for the purpose of reimbursement under this section. The costs may include engineering directly associated with the developer's application.
(2) 
Before any reimbursement is made, there shall be a written contract between the city and developer pursuant to and in accordance with this section.
(e) 
Within 30 days upon final determination of costs by the public works director, the city council will consider an ordinance that allows a pro rata reimbursement with a developer who has paid for installation of either a water or wastewater extension, pursuant to this section.
(f) 
Any ordinance approving a developer's agreement that allows a pro rata reimbursement provision with a developer who has paid for installation of either a water or wastewater main extension, pursuant to this section, shall set forth the legal property description of each lot or tract affected by such agreement and the amount of costs to be reimbursed upon connection to the line by each property owner affected, and shall be recorded in the Official Public Records of Aransas County, Texas. The ordinance shall, by its own terms, expire and be of no further effect upon the expiration of the seven-year contractual reimbursement period.
Not less than 15 days before first reading of a proposed ordinance adopting a developer's pro rata reimbursement contract, written notice of such ordinance and the anticipated pro rata costs attributed to each property shall be given to each such affected property owner.
(g) 
This section shall not prohibit the city council from assessing benefiting property owners a portion of the cost of any water or wastewater extension pursuant to state law or ordinance passed pursuant to the power granted to a home rule city, in lieu of a developer's agreement.
(h) 
Unless determined to be inequitable, all pro rata costs shall be developed and administered on a linear foot basis. The calculation of the pro-rata cost for a particular lot is as follows:
(1) 
The total cost of the line extension divided by total front footage of all lots to which service is made available, times the front footage of the lot; and
(2) 
Lots with non-typical footage will be on a case-by-case basis. At a minimum it would be the average front footage of the lots within the project.
(i) 
Associated fees:
(1) 
For each service connection made to any such extension, during the reimbursement period, by a water or wastewater user, the user so connecting shall, upon application and in addition to all usual service connection charges, pay to the city the sum prescribed by the proposed ordinance.
(2) 
When any such taps are made during the reimbursement period, the payments therein provided for (exclusive of the regular service-connection charges) shall be refunded to the developer making such extension as a partial reimbursement of such party's costs as set out in this section. Such reimbursement shall be made within 90 days of collection and shall be limited to payments received by the city within seven years from the date of such main extension is completed (reimbursement period). The completion date shall be determined by the public works director, which date as so established shall be conclusive.
(Ordinance 1260, § 1, 8-26-03; Ordinance 1271, § 1, 3-23-04; Ordinance 1430, § 4, 5-13-08; Ordinance 1437, § 1, 9-9-08; Ordinance 1587, § 1, 9-11-12)
In addition to any criminal or civil penalties assessed, when a customer's meter has been tampered with, a tampering fee of $100.00 shall be charged to the customer's account, and a lock-out fee of $60.00 may also be charged. The customer will be charged for the cost of the meter if the meter is damaged during tampering or bypassing.
(Ordinance 1952 adopted 9/10/2024)