CITY OF HUDSON OAKS
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the City of Hudson Oaks will hold a public hearing on the following ordinance on
Thursday, September 22, 2016 at 7:00 p.m. at Hudson Oaks City Hall. All interested parties are encouraged to
attend.
AN ORDINANCE OF THE CITY OF HUDSON OAKS, TEXAS, AMENDING THE HUDSON OAKS CODE
OF ORDINANCES BY ADDING A NEW ARTICLE 13.10, “STORM DRAINAGE UTILITY”, TO CHAPTER
13, “UTILITIES”; ESTABLISHING A MUNICIPAL STORM DRAINAGE UTILITY; PROVIDING FOR
STORMWATER MANAGEMENT AND WATER QUALITY IMPROVEMENT; DEFINING TERMS;
ESTABLISHING SERVICE CHARGES, RATES, EXEMPTIONS, CREDITS, COLLECTION AND APPEAL;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Hudson Oaks is a type A general law municipality located in Parker County, created
in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the
enabling legislation of the State of Texas; and
WHEREAS, the City of Hudson Oaks applied for and received a grant from the United States Bureau of
Reclamation, a division of the United States Department of the Interior, for the purposes of studying and
evaluating options for water reuse and reclamation; and
WHEREAS, the study has identified areas of critical concern related to the City’s stormwater management
system, including needs for both maintenance and operations and capital projects; and
WHEREAS, Texas Local Government Code, Chapter 552, Subchapter C permits municipalities in the State
of Texas to establish municipal drainage utility systems (the “Act”); and
WHEREAS, a public hearing was held on September 22, 2016, in accordance with The Act; and
WHEREAS, the City Council of the City of Hudson Oaks, Texas, has found it necessary to establish a
municipal drainage utility system and provide rules for its use, operations, and financing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUDSON OAKS, TEXAS:
SECTION 1.
That Chapter 13, Utilities, of the Hudson Oaks Code of Ordinances is hereby amended by adding Article
13.10, “Storm Drainage Utility”, to read as follows:
Chapter 13, Article 13.10, Storm Drainage Service
Sec. 13.10.001. Findings
The City does hereby find that:
(A) Effective stormwater management should be provided to protect, to the extent practicable, the citizens of
the City from the loss of life and property damage from flooding.
(B) Water quality standards mandated by state and federal law are requiring that local governments develop
more detailed, advanced, and costly stormwater programs.
(C) The construction, operation, and maintenance of stormwater conveyance systems require long term
planning and stable and adequate funding.
(D) The City is authorized to acquire, construct, establish, enlarge, improve, extend, maintain, own, operate,
and contract for the operation of Storm Drainage Programs designed to protect water quality by
controlling the level of pollutants in, and the quantity and flow of, stormwater and structural and natural
stormwater and drainage systems of all types.
(E) The establishment of a Storm Drainage Utility that would be accounted for as a separate enterprise fund
and would facilitate the provision of a Storm Drainage Program is reasonable and in the public interest.
(F) The City is authorized to establish and revise, from time to time, a schedule of rates and charges to fund
the Storm Drainage Program activities including both structural and natural stormwater conveyance and
Drainage System services provided by the Storm Drainage Utility.
(G) The City will establish a schedule of drainage charges against all real property in the proposed service area
subject to charges under this Article.
(H) The City will provide drainage for all real property in the proposed service area on payment of drainage
charges, except real property exempted under this Article.
(I) The City will offer drainage service on nondiscriminatory, reasonable, and equitable terms.
Sec. 13.10.002. Purpose
A Storm Drainage Utility is hereby created as an identified fiscal and accounting fund for the purpose of
comprehensively addressing the stormwater management and water quality improvement needs of the City. The
City's stormwater management needs are met herein (1) through programs designed to protect and manage water
quantity and quality by controlling the quantity and rate of Stormwater received and conveyed by structural and
natural stormwater and drainage systems of all types and the level of pollutants in stormwater runoff, (2) by
establishing a schedule of charges, (3) by defining the control, collection, and disbursal of funds, and (4) by setting
forth penalties, methods of appeals and exemptions.
Sec. 13.10.003. Definitions
Unless otherwise provided in this Article, for the purposes of this Article, the following words and phrases shall
have the meanings given herein:
ACCOUNT: A City of Hudson Oaks utility account billed to a customer of record on a regular billing cycle. Accounts
may include the Storm Drainage Utility Service Charge in addition to other utility charges as governed in the
Hudson Oaks Code of Ordinances.
CITY: the City of Hudson Oaks.
DEVELOPED LAND: a land parcel altered from its natural state.
EQUIVALENT RESIDENTIAL UNIT (ERU): a unit of measure of impervious surface (in square feet) that represents the
impervious surface area on the average Single Family Residential Parcel in the Service Area. For the purposes of
this Article, ERU shall mean 6,477 square feet of impervious surface.
IMPERVIOUS SURFACE: developed areas of land that prevent or significantly impede the infiltration of Stormwater
into the soil. Typical Impervious Surfaces include, but are not limited to: roofs, sidewalks, walkways, patios,
swimming pools, private driveways, parking lots, access extensions, alleys and other paved, engineered,
compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of
Stormwater into the soil.
NATURAL STATE: existing Undeveloped Land where the soil and vegetation characteristics have not been
substantially modified or disturbed by human activities and the hydrologic function is in an unaltered or natural
condition.
PARCEL: a tax parcel as defined by Parker County.
SERVICE AREA: all land within the corporate limits of the City of Hudson Oaks, excluding the fenceline.
SERVICE CHARGE: stormwater management service charge, applicable to a land parcel, which generally reflects the
impact on or demand for Stormwater management services provided by the City to properly control and manage
stormwater runoff quantity and/or quality associated with the land parcel. The Service Charge will vary from one
land parcel to another based on the Impervious Surface area according to the rate structure outlined in this Article.
SINGLE FAMILY RESIDENTIAL PARCEL: a parcel with one primary single family residential structure used as a single
family dwelling and whose use is as a single family residence.
STORM DRAINAGE PROGRAM: an identified set of measures and activities designed to protect, restore and/or
manage stormwater quality by controlling and/or reducing pollutants and to reduce and/or manage stormwater
quantity by controlling velocity, volume, and rate.
STORM DRAINAGE UTILITY: an organizational structure that is responsible for funding, administering, and
operating the City’s Storm Drainage Program, and that is supported through a rate structure based on the
Impervious Surface Area found on land parcels located within the Service Area.
USER: The City water utility customer of record for a parcel of land that drains stormwater to the stormwater
drainage system.
UNDEVELOPED LAND: all land that is not altered from its Natural State
Sec. 13.10.004. Establishment of Storm Drainage Utility and Enterprise Fund.
(A) There is hereby established a City of Hudson Oaks Storm Drainage Enterprise Fund for the purpose of
dedicating and protecting funding applicable to the responsibilities of the Storm Drainage Utility including,
but not limited to, rents, rates, fees, charges, and penalties as may be established after due notice having
been given and a public hearing held by the Council as required by law. Funding may also include other
funds transferred or allocated to the Storm Drainage Utility by the Council. All revenues and receipts of
the Storm Drainage Utility shall be placed in the Storm Drainage Enterprise Fund and all expenses of the
Storm Drainage Utility shall be paid from the Storm Drainage Enterprise Fund, except that other revenues,
receipts, and resources not accounted for in the Storm Drainage Enterprise Fund may be applied to
stormwater management activities as deemed appropriate by the City Council.
(B) There is hereby established a City of Hudson Oaks Storm Drainage Utility that shall be responsible for
implementing, operating, and administering the City's Storm Drainage Program as defined herein.
Sec. 13.10.005. Service Charge
There is hereby established a Storm Drainage Utility Service Charge for the City's storm drainage system at rates
hereinafter established;
Service charge to be charged to each tax parcel within the City limits except those property types or properties
owned by entities listed in Sec. 13.10.007.
Sec. 13.10.006. Basis for Charge and Rate Structure
(A) Rate Structure. Every developed parcel within the Service Area shall be subject to a Storm Drainage Utility
Service Charge derived from the rate structure described below.
1. The rate structure to distribute the cost of services associated with the operation, repair,
improvement, and maintenance of public Drainage Systems and facilities through a schedule of
rates, fees, charges, and penalties related to the operation of a Storm Drainage Utility and Storm
Drainage Enterprise Fund as established in Sec. 13.10.004. These shall be based on Impervious
Surface Area on a given land parcel, which directly relates to the volume, rate, and pollutant
loading of stormwater runoff discharged from that land parcel to the City's structural and natural
Drainage Systems and facilities.
2. An Impervious Area Charge for stormwater costs shall be charged impervious area on an ERU
basis. Impervious Surface Area rates will apply to each ERU or part thereof of impervious area.
i. An Impervious Surface Area of 6,477 square feet is hereby designated as one (1) ERU.
3. Each Single Family Residential Parcel shall be charged for 66% of one ERU of impervious area.
4. The equivalent residential unit (ERU) shall be calculated by determination of the amount of
impervious surface on a parcel.
5. There will be no Impervious Area Units Charge for land parcels with fewer than 400 square feet
of Impervious Surface Area.
(B) Updates. The City may make changes to a parcel’s ERU determination as new information becomes
available or as part of a regular update.
Sec. 13.10.007. Exemptions
(A) Statement of Policy. Except as provided in this section, no public or private property shall be exempt from
Storm Drainage Utility Service Charges.
(B) Exemptions. No public or private property shall be exempt from Storm Drainage Utility Service Charges,
with the following exceptions:
1. Publically dedicated roads, streets, greenways, sidewalks, and other publically dedicated rights of
way and easements for vehicular or pedestrian traffic that are available for use by the general
public for transportation purposes, shall be exempt from Storm Drainage Utility Service Charges.
2. Property with proper construction and maintenance and maintenance of a wholly sufficient and
privately owned drainage system.
3. Property held and maintained in its natural state, until such time that the property is developed
and all of the public infrastructure constructed has been accepted by the City.
4. A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has
been issued by the City.
Sec. 13.10.008. Collection of Service Charge
(A) Monthly Charges; Billing; Water Termination for Nonpayment.
1. The storm water utility service charges herein established for the use of the City's storm drainage
system shall be billed to each user monthly, along with a bill for water or other utility services
and such penalties as are now or may hereafter be established for other utility service bills.
2. In the event that any person, firm, or corporation shall tender as payment of water service,
sewer service, collection of solid waste service, and/or storm water utility service charge for the
use of the City's systems an amount insufficient to pay in full all of the charges so billed, the
payment shall be credited to the account or accounts in accordance with accounting procedures
used by the customer service department for utility bill payments.
3. The City shall have the right and privilege of discontinuing any and all utility service to any
premises for insufficient payment.
4. In the event that any utility account shall become delinquent, water services may be terminated
by the City until all delinquent charges for the use of the City's storm drainage system and other
applicable charges have been paid in full.
5. The provisions for collection provided herein shall be in addition to any rights or remedies which
the City may have under the laws of the State of Texas.
(B) Billing For Storm Drainage Only. In the case of parcels that are not associated with an account being billed
for water, sanitary sewer, or collection of solid waste, the owner of the parcel shall be billed monthly for
the service charges herein established.
(C) Monthly Rate. The monthly stormwater utility service charge rate shall be charged and collected as
provided for in Sec. 13.10.009.
Sec. 13.10.009. Stormwater Rates
(A) There shall be charged, assessed and collected a storm drainage utility service charge from each
developed parcel except as provided in Sec. 13.10.007 within the Service Area a monthly fee.
Property Type
Single Family Residential
All Other Developed
ERU Rate
.66 ERU
1 ERU
ERUs
1 ERU
Monthly Rate
$8.50
(B) The storm drainage utility fees shall be reviewed periodically and changed by resolution of the City
Council.
Sec. 13.10.010. Stormwater Fee Appeals
(A) Appeal of Determination. Appeals shall be made in writing to the City Manager and shall include evidence
of an error or miscalculation in the determination. The Manager shall be given two (2) weeks to review
the application and, finding sufficient evidence, may update the ERU determination. A finding of
insufficient evidence or no response in the two (2) week period shall be a denial of the appeal.
Sec. 13.10.011. Disposition of Service Charges and Fees.
Storm Drainage Utility Service Charge and fee revenues shall be assigned and dedicated solely to the Stormwater
Management Enterprise Fund in the City budget and accounting system, which shall be and remain separate from
other funds, and shall be used only to fund identified Storm Drainage Program activities. The services charges and
fees paid to and collected by virtue of the provision of this Article shall not be used for general or other
governmental or proprietary purposes of the City, except to pay for costs incurred by the City in rendering services
and/or for the payment of debt service in connection with obligations to finance improvements associated with
the Storm Drainage Utility.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of Hudson Oaks, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which
event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so
ordained.
SECTION 5.
All rights and remedies of the City of Hudson Oaks, Texas, are expressly saved as to any and all violations
of the provisions of the Code of Ordinances, or any other ordinances affecting stormwater drainage which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Hudson Oaks is hereby directed to publish the caption, penalty clause,
publication clause, and effective date clause of this ordinance in the official newspaper of the City, as authorized
by Section 52.011 of the Local Government Code.
SECTION 7.
This Ordinance shall be in full force and effect from and after its passage provided by law, and it is so
ordained.
Any inquiries or handicapped accessibility questions should be directed to the City Secretary, Hudson Oaks City
Hall, 210 Hudson Oaks Drive, Hudson Oaks, Texas, 76087 or call 682-229-2400.
Shelley Scazzero
City Secretary