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HomeMy WebLinkAboutOrd 971-2022 Drainage Utility System and Service AreaCITY OF ANNA, TEXAS ORDINANCE NO. q 9 I -gDav2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW ARTICLE 12.09 TO CHAPTER 12 (UTILITIES), SAID NEW ARTICLE ESTABLISHING THE CITY OF ANNA' S DRAINAGE UTILITY SYSTEM AND ITS SERVICE AREA; DEDICATING CITY ASSETS TO THE DRAINAGE UTILITY SYSTEM, AND ADOPTING RELATED REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Anna City Council (the "City Council") finds that to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the city; and WHEREAS, the City Council finds that funding for improvement of the existing drainage system and construction of future drainage projects is best funded by users of the drainage system on a prorated basis; and WHEREAS, the City Council desires to establish a municipal drainage utility system and this ordinance is adopted for that purpose pursuant to the Texas Local Government Code, Subchapter C, Sections 552.041. et seq., as amended; and WHEREAS, the City Council finds that pursuant to the Local Government Code, Section 552.045: (a) it will establish a schedule of drainage charges against all real property in the service area subject to charges as permitted by Subchapter C, Chapter 552, Texas Local Government Code, subject to any exemptions as required or permitted by Subchapter C as set forth herein; (b) it will provide drainage for all real property in the service area on payment of drainage charges, except real property exempted in accordance with Subchapter C; (c) it will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and (d) notice as required by Subchapter C has been provided and a public hearing has been held; and WHEREAS, the City Council finds that certain persons and entities shall be exempt from the rules, regulations, and charges imposed by the new 12.09 (Drainage), of The Anna City Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are incorporated herein as if set forth in full and The Anna City Code of Ordinances Chapter 12 (Utilities) is amended to add Article 12.09 (Drainage), to read as follows: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 1 of 7 ARTICLE 12.09. DRAINAGE See.12.09.001 Definitions. Benefitted property. An improved lot or tract to which drainage service is made available under this article. City. The City of Anna, Texas. City council. The city's governing body. Cost of service. As applied to the drainage utility system service to any benefitted property: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of - way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue -pledge securities or obligations issued by the city; and (g) the administrative costs of a drainage utility system. Drainage. Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. Drainage utility. The drainage utility established under this article in accordance with Subchapter C. Drainage utility system. The drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including provisions for additions to the system. CITY OF ANNA, TEXAS ORIDINANCE NO. Page 2 of 7 Equivalent Residential Unit (ERU). An area of impervious coverage on an improved lot or tract that is generally equal to the average impervious area on a single family property in the City limits, calculated as 3,600 square feet. User. The person or entity who owns or occupies a benefitted property. Impervious Cover. Impervious area for the purpose of the SDUS charge, defined below, means any surface or subsurface of benefitted property including, but not be limited to, roads, parking areas, buildings, roofs, pools, patios, sheds, driveways, private sidewalks, compacted subgrades, compacted gravel used for vehicular traffic and/or parking, and other impermeable construction that does not readily absorb water and has the effect of increasing water runoff flow rate or runoff volume that drains to the drainage utility system. Improved lot or tract. A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. Surface water drainage utility system (SD US) charge means the total monthly drainage charge for a benefitted property as calculated under this article and the schedule of charges adopted by the city council, as may be modified from time to time. "oily sufficient and privately owned drainage system. Land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of the drainage utility system. Sec.12.09.002 Establishment of drainage utility. The provisions of Subchapter C, Chapter 552, Texas Local Government Code ("Subchapter C"), are hereby adopted to create a drainage utility for the city. Accordingly, drainage of the city is hereby declared to be a public utility. The city incorporates into the drainage utility system all existing property, facilities, materials, and supplies constituting the city's drainage utility system on the effective date of this article. All future acquisitions by the city of real or personal property used in the city's drainage utility system shall be maintained as a part of the drainage utility. Sec. 12.09.003 Service area. The service area for the drainage utility shall include all real property within the city limits of the City of Anna as now existing and which may be annexed hereafter from time to time. Sec. 12.09.004 Calculation of drainage charges. (a) The city council finds that: (1) impervious cover increases water runoff and associated pollutants: and CITY OF ANNA, TEXAS ORIDINANCE NO. Page 3 of 7 (2) rates charged shall be based on a benefitted property's impact on the drainage utility system; and (3) it is fair and equitable to calculate the impact and assess the drainage charge to each benefitted property based on impervious cover, subject to the limitation set forth below for single family residential properties. (b) The city council hereby imposes a drainage charge to be paid by users of benefitted property to cover the cost of service of the drainage utility system. Said drainage charge shall be set forth in a schedule of charges to be adopted by the city council and calculated as follows: (1) Single family residential properties shall be measured as one ERU per month regardless of actual amount of impervious cover on such properties; (2) except with respect to the limitation for single family residential properties set forth in subsection (1), above, all non-exempt benefitted properties shall be measured for ERU in one/tenth increments with no maximum and for such non-exempt properties there shall be a minimum of one ERU regardless of actual amount of impervious cover on such properties; and (3) Each benefitted property shall be assessed a monthly SDUS fee to be established by the city council in a schedule of charges. The schedule of charges shall be included in Appendix A Schedule of Fees. (c) The city council may adjust the values, rates, and fees at any time based upon the recommendation of the city manager that the cost of service for the drainage utility warrants an adjustment in rates. (d) The rates to be imposed shall be collected through the city's bill for public utilities in accordance and be set forth therein as a separate charge. Sec. 12.09.006 Segregation of income. The income of the drainage utility system shall be segregated and completely identifiable in city accounts. If drainage charges are solely for the cost of service, the city may transfer the charges in whole or in part to the city's general fund, except for any part collected outside municipal boundaries and except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the drainage utility system. If the city council has levied, in the drainage charge, an amount in contribution to the funding of future system improvements, including replacement, new construction, or extension, that amount is not transferable to the general fund. Sec. 12.09.007 Exemptions; fee credits. (a) The following shall be exempt from the provisions of this article: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 4 of 7 (1) property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) 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 for maintenance; (3) a subdivided lot until a structure has been built on the lot and a certificate of occupancy has been issued by the city; (4) property owned by the United States, the State of Texas, or Collin County; (5) property owned by Anna Independent School District and private K-12 education providers; (6) property owned by public or private institutions of higher education; and (7) property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Tax Code. (b) A property owner may petition the city to reduce the drainage utility fee for an individual property to account for on -site stormwater management controls that reduce the property's impact to the drainage utility system. The petition shall be evaluated and the fee adjustment decision determined by the city engineer or the engineer's designated representative. The evaluation and determination performed by the city engineer shall be based on nondiscriminatory, reasonable and equitable terms in accordance with the applicable law and this section. Sec. 12.09.008 No effect on land owner obligations under city ordinances; no waiver of immunity; other laws and obligations. (a) The establishment of the drainage utility by the city does not relieve users, private land owners, developers, other individuals or entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the city or laws of the State of Texas that relate to flooding, drainage, drainage management, or drainage improvements. (b) The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, pollution, or stream erosion. The city makes no representation that all drainage problems will be remedied. This ordinance does not create additional duties on the part of the city or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this ordinance shall be deemed to waive the city's immunity under law or reduce the need or necessity for flood insurance. (c) This article is intended to be read in harmony with all other provisions of this Code. To the extent this article conflicts with any other provision in this code, the provisions shall be harmonized CITY OF ANNA, TEXAS ORIDINANCE NO. Page 5 of 7 when possible, however, this article shall control and supersede any other conflicting provision regarding the drainage utility system. (d) A wholly sufficient and privately owned drainage system must have volume to capture runoff for storms of magnitude up to and included in the one -percent annual chance (100-year) storm event, 24-hour duration. Captured runoff must be removed from the retention system of a wholly sufficient and privately owned drainage system within 72 hours of the rainfall event without discharging into the drainage utility system. Owner of the wholly sufficient and privately owned drainage system must provide evidence to the city to show the facility meets the above requirements. Failure to comply with this provision shall result in a wholly sufficient and privately owned drainage system being deemed to be a benefitted property and subject to the SDUS charge and other provisions of this article. Sec. 12.09.009 Delinquencies. Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided in Subchapter C or other law, failure of a user within the service area to pay the charges promptly when due shall subject such user to discontinuance of any utility services provided by the city. City employees of the utility drainage system shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection or repair or for the enforcement of the provisions of this article; provided, however that this section does not authorize entry, access or searches where a search warrant is required. Section 12.09.010 Appeals. (a) Billing and payment disputes for administrative issues shall be subject to appeals procedures used by the city for other utility billing disputes. (b) Appeals for the following reasons shall be directed to the public works director or his designee for evaluation and determination: (1) exempt property has been assessed a charge under this article; (2) a charge under this article for an individual property is based on an incorrect determination of the property's contribution to the drainage utility system, as established in accordance with the schedule of charges referenced in Sec. 12.09.004(b)(3); (3) a charge under this article for an individual property is assessed on more than one utility account; (4) a charge under this article is assessed to individual property outside the service area; or (5) a benefitted property has boundaries or dimensions that deviate from the city's determination of the boundaries or dimensions for such benefitted properly. CITY OF ANNA, TEXAS ORIDINANCE NO. Page 6 of 7 (c) The public works director or his designee shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. (d) Any user who disagrees with the decision of the public works director or his designee may appeal to the city manager. The city manager shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. The city manager's decision is final. If the city manager does not render a decision within thirty (30) days of an appeal, it shall be deemed to have sustained the decision of the public works director. SECTION 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this &ikay of , 2022. ATTESTED: APPROVED: rrj��� `NX\0`1of AI Y /* o•o.o.o � avo .so 1 A%W 610 Carrie L. Land City Secret U : N, ate-'ike, a or M _ / O • P 1 •. .06 7% E)( IIIII%W��, CITY OF ANNA, TEXAS ORIDINANCE NO. Page 7 of 7 MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS Prepared For THE CITY OF manna Prepared By BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS FIRM NO. 526 October 2021 A. Introduction B. Service Area C. Calculation Method D. E. F. G. H. I. J. CITY OF ANNA, TEXAS MUNICIPAL DRAINAGE UTILITY (STORMWATER SYSTEM) 2021 RATE ANALYSIS TABLE OF CONTENTS Page No. ...... 1 ......................................... 1 ......................................... 2 Rate Categories (Land Uses).................................................................................................. 2 • Figure 1 — Rate Categories Map.................................................................................... 4 Land Uses & Charge Distribution........................................................................................... 5 • Table 1 — Rate Categories Summary & Budget Allocation Stormwater System Capital Improvement Plan...................................................................... 6 • Table 2 — Summary of 10-year CIP Expenditures........................................................ 7 • Figure 2 — Stormwater System CIP Map...................................................................... 8 Capital improvements Plan Annualized Debt Service.............................................................. 9 • Table 3 — Annualized Capital Improvement Project Debt Service Operation & Maintenance Annualized Expenditures........................................................... 10 • Table 4 — Operation & Maintenance Budget.............................................................. 11 Storm Water Utility Rate Options........................................................................................ 12 1) 10-year Level Approach • Table 5 — Stormwater Utility Rate (O&M Budget Only) ............................................. 12 • Table 6 — Stormwater Utility Rate (CIP Only)............................................................. 12 • Table 7 — Stormwater Utility Rate (Combined O&M and CIP).................................. 12 2) 10-year Annual Analysis (Supplemental Approach)..................................................... 13 • Table IA — Cale. of Runoff Contribution by Property Category (Annual Estimate ... 14 • Table 5A — Stormwater Utility Rate (O&M Budget Only) ......................................... 14 • Table 6A — Stormwater Utility Rate (CIP Only) ........................................................ 15 • Table 7A— Stormwater Utility Rate (Combined O&M and CIP) ............................... 15 Non -Residential Stormwater Detention System Fee Credit ................................................. 16 � 1r:' '•.itJJ ♦ GARY C. HENDRICKS i �......... ....................:...� 65226 y ` jAcluical\anna\2020 drainage utility analysis\02_index.doc Birkhoff, Hendricks & Carter, L.L.P. CITY OF ANNA MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS A. INTRODUCTION A "Drainage Charge" is a fee that is imposed by a municipality and used to finance a municipal drainage utility system. The drainage charge is to be imposed to all benefitted properties in the service area of the stormwater drainage system, excluding properties such as parks, other public - use facilities or undeveloped land. The drainage charge shall be levied on nondiscriminatory, equitable and reasonable terms, regardless the value of a property. The drainage charge rates are based on the estimated stormwater runoff rate (flow contribution) from each benefitted property and on the budgetary requirements for provision, operation and maintenance of the system. This analysis calculates the drainage charge rates that are required to be obtained to meet the financial requirements of the system, including the cost of operation and maintenance (O&M) and the cost of the capital improvement plan (CIP) projects. That total cost is distributed among the benefitted properties, proportionally, based on the land uses and estimated runoff rates from the properties. The rates calculated are recommended monthly fees. The calculation of the rates does not consider capacities of existing facilities or the geographical location of each benefitted property in relationship to the proposed capital improvement projects. Prior investments to the stormwater system are not included in the rate calculation. Regulation set forth by Title 13, Subtitle A, Chapter 552 of the Local Government Code provides the framework and requirements for the Drainage Charge and Rates calculation. B. SERVICE AREA The 7,777-acre City of Anna City Limits was the Service Area for this analysis. jAclericahanna12020 drainage utility analysis103_report.docx - I - Birkhoff, Hendricks & Carter, L.L.P. C. CALCULATION METHOD The approach taken to classify land uses was related to the estimation of runoff rates for a per - acre assessment. The Rational Method, used for estimation of stormwater runoff rates, assigns coefficient values to various land use types which correspond to the portion of rainfall expected to runoff from a unit of land area, based on impervious cover. Variable coefficient `C' of the Rational Method Equation (Q = CiA) is the factor related to an area's impervious coverage (likewise, related to the area's ability to retain rainfall). Coefficient `C' is multiplied by the watershed area `A' and by the rainfall intensity `i' to calculate a runoff flow rate `Q'. For this calculation, C*A was used to define the runoff characteristics for the property types in the service area. C*A can be applied to storms of various intensities, and therefore, the rainfall intensity factor, `i', was not used. The eligible and benefitted properties in the service area were distinguished into impervious - coverage categories. Runoff coefficients, `C' -values, were assigned to each category, per the City of Anna Storm Drainage Design Manual. An analysis of the City's parcel areas was conducted to determine each category's flow contribution percentage to the total runoff. Those percentages of the total runoff were applied to the required average monthly budget to allocate the required fees and to determine the rates. D. RATE CATEGORIES (LAND USE Drainage charge rates were calculated for land use Categories 1 through 3: 1. Residential 2. Non -Residential 3. Exempt Lands a. Collin County b. School District c. Public/ Semi -Public &Parks d. Undeveloped (Natural State) or Unoccupied e. Religious or Cemetery (optional exemption) It was assumed that the tracts of land within each category have similar runoff characteristics. Non-residential tracts of land typically have more impervious coverage than residential tracts due to larger concrete parking lots and buildings, while residential tracts tend to have larger portions of grassed area which detain and percolate stormwater. The Land Use Categories are defined by measurable qualities, where applicable, for the assignment of fee classification for each benefitted property. jAclericahanna12020 drainage utility analysis103_regort.docx - 2 - Birkhoff, Hendricks & Carter, L.L.P. • Residential Properties— Properties used for residential dwelling. • Non -Residential Properties — Tracts of land which are not used for residential dwelling and are developed such that the natural state of the property is altered may be classified as a non-residential property, unless the property was determined to be exempt per local government code (Section 552.053) • Public Properties (Exempt Land) —Per the Local Government Code, tracts of land owned by Collin County or by a school district are exempt from drainage charges, and residential dwellings associated with a municipal housing authority are also exempt. Undeveloped properties held and maintained in the natural state are exempt, and subdivided lots or tracts that have not been issued a certificate of occupancy are exempt. Additionally, properties which utilize a wholly sufficient and privately owned drainage system are exempt. The City may also grant exemption from the drainage charge if a property is owned by a religious organization or used as a cemetery. A map showing the geographical distribution of the Rate Categories (Land Uses) is provided as Figure 1. jAclericahanna12020 drainage utility analysis103 report.docx - 3 - STORMWATER UTILITY RATE ANALYSIS THE CITY OF LAND USE RATE CATEGORIES BIRKIIO TB? IIENDRICKS & CARTER L.L.P. Atttla PROFESSIONAL ENGINEERS FIGURE 1 0 T,aOD {.WO 8,000 TBPE F119 OGSrtee�vile Ave., Si 600 PL 31800 D.11-T— 75243 (2I4) 361-7900 xglmnxal. xve x Rr:I October 2020 Sbem�olm M.W Ron\Sh»te\D,&m Ut* Moyds Fq—\Fj— I - WMm Nap City Umb 0.y.Ng Birkhoff, Hendricks & Carter, L.L.P. E. LAND USES & CHARGE DISTRIBUTION The Texas Administrative code allows for the drainage charge rates to be established on the basis of impervious cover as it relates to land use. The mechanism for distribution of the required monthly budget (being the same as the required revenue) to the properties is by a ratio of the runoff rate calculated for the parcel in question to the total runoff rate calculated for the entire service area. A uniform drainage charge rate is recommended for all properties classified as Single Family Residential and High Density Residential, due to relative uniformity in size and in impervious coverage, and therefore the calculation for runoff uses the average property size for those categories. Non -Residential properties, however, vary more widely by land area, and the rates calculated for those properties are based on the land area of the individual properties themselves. Table 1 summarizes the current and 10-year projected developed parcel counts and areas for both Residential and Non -Residential lots within the service area. The table includes the 10- Year Level Average for the developed parcels and acres for each category. The table also calculates fee allocation percentages using runoff coefficients, `C'-values, with the parcel counts and areas. Takla 4 - r`nlr Infirm of Rnnnff rnnfrihnfinn by Prnnarfv rafannry Rate Category 2021 2031 10-Year Level Average Runoff(d) Coefficient 'C' Weighted Value T-A' Porportional Share Based on C*A eveloped ParcelE Developed Acres(a) Developed Parcelslbl Developed Acreslbl Developed Parcels Developed Acre Residential: 6,250 3,424 10,667 5,844 8,459 4,634 0.50 2,317 88.01% Non -Residential: N/A 260 N/A 445 N/A 353 0.90 317 12.0% Public: N/A 662 N/A 661 N/A 662 0 0 0% Total: 1 6,250 3,684 10,667 6,289 8,459 4,987 2,634 10006 (a) Developed lots ONLY (b) Source: 2018City of Anna & Wastewater Impact Fee update landuse assumptions (c) Direct Annual Average Growth per 2014 Land use assumptions: Source 2014 City of Anna & Wastewater Impact fee,Appendix A (d) Runoff Coefficient 'C'represents impervious coverage of development on a property. Source of 'C'-values : City of Plano Storm Drainage Design Manual In Table 1, The `Proportional Share Based on C*A' column provides the percentages of the budget that are to be obtained from parcels of each respective category. jAclericahanna\2020 drainage utility analysis\03_report.docx - 5 - Birkhoff, Hendricks & Carter, L.L.P. F. STORMWATER SYSTEM CAPITAL IMPROVEMENT PLAN The City has developed a capital improvement plan for the stormwater utility system. The list of proposed projects has been refined through discussion over the past several years. Six (6) projects are expected to be completed over the next 10-years, or so. The projects were distinguished as the following types: • Bridge Projects —Nine (9) projects are proposed to construct a bridge over a creek. One bridge is located on the west side of the City on the future extension of Creekview Drive. This bridge would be constructed at the same time of the future extension of Creekview Drive. The second bridge is located northeast of the City on F.M. 2862 (also known as Houston Street). This second bridge would expand the existing bridge when proposed expansion of F.M. 2862 is being constructed. Other seven bridges located across the City would also be constructed. • Culvert Projects — Four (4) Culverts are proposed for replacement, all of which are in northwestern Anna. One of the proposed culverts cross under C.R. 369, two under C.R. 370, and one crosses under Hackberry Drive. Each of these projects include trench cuts across the roadway for the installations. In addition to Roadway trench repair, the projects may include construction of concrete headwalls and metal beam guard rail fencing for safety. Minor upstream and downstream clearing, grading, and soil stabilization activities are included in the culvert replacement projects, as warranted. Table 2 summarizes the opinion of project cost for the sixteen (16) projects in the Capital Improvement Plan. The projects are shown by Figure 2, the Capital Improvement Plan map. The estimated budget and total required principal for the Capital Improvement Plan improvements is $42,925,000. jAclerical\anna\2020 drainage utility analysis\03_report.doex - 6 - Birkhoff, Hendricks & Carter, L.L.P. Table 2- Summary of 10-Year Capital Improvement Plan Expenditures Project LD, Stormwater Drainage System Proposed Improvement pipe Diameter Length (ft) Estimated Construction Cost Contingencies & Esc. Professional Services Ntaterial Testing Inspection Fee Total Capital Cost EFT-1 Storm Water Master Plan, East Fork Trinity, Crossing EFT-1 Bridge 245 3,008,235 601,647 451,235 75,206 75,206 4,212,000 TC-1 Storm Water Master Plan, Throckmorton Creek, Crossing TC-1 4 - 9'x8' 480 858,740 171,748 128,811 21,469 21,469 1,203,000 TC-2 Storm Water Master Plan, Throckmorton Creek, Crossing TC-2 84" 480 580,830 116,166 87,125 14,521 14,521 814,000 TC-3 Storm Water Master Plan, Throckmorton Creek, Crossing TC-3 4 - 9'x8' 480 857,245 171,449 128,587 21,431 21,431 1,201,000 TC-4 Storm Water Master Plan, Throckmorton Creek, Crossing TC-4 Bridge 95 3,007,785 601,557 451,168 75,195 75,195 4,211,000 TC-5 Storm Water Master Plan, Throckmorton Creek, Crossing TC-5 Bridge 85 3,007,755 601,551 451,163 75,194 75,194 4,211,000 TC-6 Storm Water Master Plan, Throckmorton Creek, Crossing TC-6 Bridge 115 3,007,673 601,535 451,151 75,192 75,192 4,211,000 5C-1 Storm Wate r Master Plan, Slayte r Cree k, Crossi ng SC-1 4-10'x8' 320 681,940 136,388 102,291 17,049 17,049 955,000 SC-2 Storm Wate r Master Plan, Slayter Cree k, Crossing SC-2 Bridge 75 3,007,725 601,545 451,159 75,193 75,193 4,211,000 SC-3 Storm Water Master Plan, Slayter Creek, Crossing SC-3 Bridge 250 3,008,250 601,650 451,238 75,206 75,206 4,212,000 SC-4 Storm Water Master Plan, Slayter Creek, Crossing SC-4 Bridge 1 55 3,007,665 601,533 451,150 75,192 75,192 4,211,000 WSGC-3 Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-3 TXDOT 0 0 0 0 0 0 0 WSGC-4 Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-4 4 - 910' 320 607,200 121,440 91,080 15,180 15,180 851,000 SGC-4 Storm Water Master Plan, Sister Grove Creek, Crossing SGC-4 Bridge 65 3,007,695 601,539 451,154 75,192 75,192 4,211,000 SGC-15 Storm Water Master Plan, SisterGrove Creek, Crossing SGC-15 Bridge 55 3,007,583 601,517 451,137 75,190 75,190 4,211,000 SGC-16 Storm Water Master Plan, SisterGrove Creek, Crossing SGC-16 I TOOT 1 0 0 1 0 0 0 0 1 0 Total: I 530,656.320 56.131.264 I S4.598m 5766m 5766.408 I 542.925A00 jAclerical\ama\2020 drainage utility analysis\03_repoMdocx - 7 - SGC-3 - ! 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G. CAPITAL IMPROVEMENT PLAN ANNULIZED DEBT SERVICE To pay for the Capital Improvement Plan projects, this analysis assumes the city to issue bonds with a maximum value of $5 million dollars per issuance, with an issuance cost of 1.5%, an interest rate of 4%, and a term of 20 years per issuance. Table 3 below calculates the average Total Annual and Monthly Debt Service during the I0-year term of this evaluation. Table 3 Annulized Captial Improvement Project Debt Service Year Issue 1(1) Issue 24) Issue 3(�) Total Annual Debt Service Monthly Debt Service Amount $5,000,000 $5,000,000 $5,000,000 2022 $373,427 $ - $ - $373,427.38 $31,118.95 2023 $373,427 $ - $ - $373,427.38 $31,118.95 2024 $373,427 $ - $ - $373,427.38 $31,118.95 2025 $373,427 $ - $ - $373,427.38 $31,118.95 2026 $373,427 $373,427 $ - $746,854.77 $62,237.90 2027 $373,427 $373,427 $ - $746,854.77 $62,237.90 2028 $373,427 $373,427 $ - $746,854.77 $62,237.90 2029 $373,427 $373,427 $ - $746,854.77 $62,237.90 2030 $373,427 $373,427 $373,427 $1,120,282.15 $93,356.85 2031 $373,427 $373,427 $373,427 $1,120,282.15 $93,356.85 Average: $672,169.29 $56,014.11 (1) Note: Financing Terms Issuance Cost: 1.5% Term (Years) 20 Rate: 4% jAc lei ical\anna\2020 drainage utility analysis\03_report.do- - 9 - Birkhoff, Hendricks & Carter, L.L.P. H. OPERATION & MAINTENANCE ANNUALIZED EXPENDITURES The Estimated 2021 City of Anna Budget for the operation and maintenance (O&M) of the Stormwater System is $103,105. Because there is not currently a sperate storm water utility account, this amount represents ten percent (10%) of the City's Street Budget. The revenue is used for general maintenance items such as mowing of channels, inspections and debris removal. It is also used for administrative, planning and regulatory -compliance costs for operation of the system. City staff anticipates future expenditures which will increase the required O&M budget, including personnel expansion, equipment purchases and Municipal Separate Storm Sewer System (MS4) permitting. In the future, the required O&M budget will have a 10-Year annualized average of approximately $289,070 per year. It is also anticipated that within the rate study period, the city will be required to service a general permit for storm water discharge into the waters of the U.S. As shown in Table 3 below, beginning in the year 2025 the operation and maintenance budget includes a $75,000 fund for the municipal separate storm sewer system (MS4) annual permit requirements and will grow with a 1.7% CPI rate. Currently the budget has limited resources for proper and consistent stormwater maintenance. Therefore, a new `Enhanced Storm water Maintenance' program has been created with an initial amount of $175,000. This program will allow for the city to regularly maintain stormwater utilities and equipment as the city grows. Table 4 calculates the average annual budget required to operate and maintain the stormwater system over the next ten years. The average annual O&M budget anticipated for the next 10- years is $524,514. This is the O&M 10-year level amount utilized for this study. The O&M expenses are to be recovered monthly through the drainage charge. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 0 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 4- Operation & Maintenance Budget Year Inflation (CPI) Rate (%) Annual (A) O&M Budget Projection Ehlianced Strom Water Maintennace Program AIS4 Permit Expenses Capital (Equipment) Expenditure Total Annual Ammount ($) (d) 2021 1.7% 103 105 170 000 $0 $273,105 20221bi 1.7% $284,857 $172,890 $0 $66,000 $457,747 2023 1.7% $289,700 $175,829 $0 $465,529 2024 1.7% $294,625 $178,818 $0 $473,443 2025 1.7% $299,633 $181,858 $75,000 $556,492 2026 1.7% $304,727 $184,950 $76,275 $565,952 2027 1.7% $309,908 $188,094 $77,572 $575,573 2028 1.7% $315,176 $191,291 $78,890 $585,358 2029 1.7% $320,534 $194,543 $80,232 $595,309 2030 1.7% $325,983 $197,851 $81,595 $605,429 2031 1.7% $331,525 $201,214 $82,983 $615,722 Average: 1.7% $289,070 $185,213 $50,232 $524,514 (A) Total Annulized Sum of 2021 = $1,031,046 * 10% (b) Add 2 Maintenance -Tech I [Est. $54,000/yr], 1 Crew Leader [Est. $72,0001 (c) 3/4 Ton Pickup [Est. $38,000], 1-20 Foot Trailer [Est. $18,000], Additonal Misc. Equipment [Est. $10,000] (d) Total Annual Ammount divided by 12 results in Total Montly Budget j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 1 - Birkhoff, Hendricks & Carter, L.L.P. I. STORM WATER UTILITY RATE OPTIONS A. 10-Year Level Rate Analysis (Base Approach) In this analysis, the monthly fee for both Residential and Non -Residential lots is calculated on a ten-year (10-year) level rate by using the average budget over a 10-year period for both the Operation and Maintenance and Capital Improvements budget. Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5) Option 2: Capital Improvement Project monthly budget (Table 6) Option 3: Combining both O&M and CIP monthly budgets. (Table 7) Tables 5-7 below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5 - Stormwater Utility Rate Calculation (O&M Budget Only) Rate Category Porportional Share Based on C*A Total O&M Monthly Budget ($) (Table 5) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $38,437 8,459 4-76-34 $4.54 ^J / Non -Residential 12.0% $5,263 353 NLI $14.93 Public 0.0% $0 0 N/A Total: 100% $43,700 8,459 4,987 TABLE 6 - Stormwater Utility Rate Calculation (CIP Only) Rate Category Porportional Share Based on C*A Total Monthly Debt Service ($) ('fable 4) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $49,268 8,459 4-, 4 $5.82 W1 A Non -Residential 12.0% $6,746 9 353 NSA $19.14 Public 0.0% $0 a 0 Ay'% N/A Total: 100% $56,014 8,459 4,987 TABLE 7 - Stormwater Utility Rate Calculation (Combined CIP +O&M) Rate Category Porportional Share Based on C*A Total Monthly Requirement ($) (Table 4+5) Parcel Count (#) TotalArea (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $87,705 8,459 ®i;644 $10.37 4/A Non -Residential 12.0% $12,009 353 $34.07 Public 0.0% $0 9 0 N/A Total: 100% $99,714 8,459 4,987 jAclerical\auna\2020 drainage utility analysis\03_reporl.doex - 12 - Birkhoff, Hendricks & Carter, L.L.P. The Calculated Fees shown in Tables 5-7 are the maximum allowable fees for the properties of each land use classification. The calculated fees assume that the fees shall be fixed for the next five years, however, the Local Government Code allows for the governing body of the stormwater utility to adjust the charges from time to time. It is recommended the maximum fee calculation be reviewed and adjusted, as required, prior to termination of the 5-year period. The update shall reestablish the O&M budgetary requirements with the possible inclusion of newly identified stormwater capital improvement projects and shall consider land use developments in the service area. Based on the calculated fees, we recommended implementation of the following Maximum Fee R- that include both the Storm Water System Operation and Maintenance expenditures and the Storm Water System Capital Improvements debt service: Residential: $10.37 per month Non -Residential: $34.07 per Acre B. 10-Year Annual Analysis (Supplemental Approach) During the review phase of this analysis, the City staff requested we perform a "supplemental" annualized evaluation of the storm water rate. In this analysis the monthly fee for both Residential and Non -Residential lots is calculated on a year -by -year annual basis. and utilizes the annual O&M and Capital Projects Debt Service budgets over a projected ten-year period. This approach requires a more focused estimate of annual growth in residential units and non- residential developments. Table IA below is an itemized presentation of Table 1 and presents the estimated annual growth in residential units and non-residential developments and calculates the proportional "CA" used for each year of the analysis. This approach results in an initial lower fee that generally increases over time. jAclericallanna\2020 drainage utility analysis103_report.docx - 13 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 1A - Calculation of Runoff Contribution by Property Category (Annual Estimate) Residential Units Non Residential acres Year Lots Acres (A) Run-off "C" Weighted CA Proportinal CA Acres Run-off "C" Weighted CA Proportional CA Total CA 2021 6,250 3,424 0.5 1,712.0 87.98% 260 0.9 234.0 12.02% 1,946.0 2022 6,500 3,561 0.5 1,780.5 87.99% 270 0.9 243.0 12.01% 2,023.5 2023 6,800 3,725 0.5 1,862.5 88.01% 282 0.9 253.8 11.99% 2,116.3 2024 7,200 3,944 0.5 1,972.0 88.06% 297 0.9 267.3 11.94% 2,239.3 2025 7,700 4,218 0.5 2,109.0 88.08% 317 0.9 285.3 11.92% 2,394.3 2026 8,450 4,629 0.5 2,314.5 88.11% 347 0.9 312.3 11.89% 2,626.8 2027 9,217 5,049 0.5 2,524.5 87.93% 385 0.9 346.5 12.07% 2,871.0 2028 9,877 5,411 0.5 2,705.5 88.13 % 405 0.9 364.5 11.87% 3,070.0 2029 10,427 5,712 0.5 2,856.0 88.19%1 425 0.9 382.5 11.81% 3,238.5 2030 10,667 5,844 0.5 1 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 2031 10,667 5,844 0.5 1 2,922.0 87.95%1 445 0.9 400.5 12.05% 3,322.5 The same Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5A) Option 2: Capital Improvement Project monthly budget (Table 6A) Option 3: Combining both O&M and CIP monthly budgets (Table 7A) Tables 5A-7A below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5A- Stormwater Utility Rate Calculation ( O&M Budget Only) Year Total Annual O&M Budget Amount (s) Monthly Rates Residential Rate (per Unit) Non - Residential Rate (per Acre) 2021 $273,105 $3.20 $10.52 2022 $457,747 $5.16 $16.97 2023 $465,529 $5.02 $16.49 2024 $473,443 $4.83 $15.86 2025 $556,492 $5.30 $17.44 2026 $565,952 $4.92 $16.16 2027 $575,573 $4.58 $15.04 2028 $585,358 $4.35 $14.30 2029 $595,309 $4.20 $13.79 2030 $605,429 $4.16 $13.66 2031 $615,722 $4.23 $13.89 Average: 1 $524,514:::]l $4.67 1 $15.36 j:\clerical\anna\2020 drainage utility mtalysis\03_report.docx - i 4 - Birkho.f, Hendricks & Carter, L.L.P. TABLE 6A - Stormwater Utility Rate Calculation (CIP Only) Year Annual CIP Debt Service Mouthy Rates Residential Rate (per Unit) Non - Residential Rate (per Acre) 2021 $373,427 $4.38 $14.39 2022 $373,427 $4.21 $13.84 2023 $373,427 $4.03 $13.23 2024 $373,427 $3.81 $12.51 2025 $746,855 $7.12 $23.40 2026 $746,855 $6.49 $21.33 2027 $746,855 $5.94 $19.51 2028 $746,855 $5.55 $18.24 2029 $1,120,282 $7.90 $25.94 2030 $1,120,282 $7.70 $25.28 2031 $672,169 $4.62 $15.17 Average: $672,169.29 $5.61 $18.44 TABLE 7A - Stormwater Utility Rate Calculation (Combined CIP + O&M) Year Total Annual O&M Budget Amount ($) Annual CIP Debt 1 Service Total Annual Budget (O&M+CIP) Mouthy Rates Residential Rate (per Unit) Non - Residential Rate (per Acre) 2021 $273,105 $373,427 $646,532 $7.58 $24.91 2022 $457,747 $373,427 $831,175 $9.38 $30.81 2023 $465,529 $373,427 $838,956 $9.05 $29.73 2024 $473,443 $373,427 $846,870 $8.63 $28.37 2025 $556,492 $746,855 $1,303,346 $12.42 $40.84 2026 $565,952 $746,855 $1,312,807 $11.41 $37.49 2027 $575,573 $746,855 $1,322,428 $10.51 $34.55 2028 $585,358 $746,855 $1,332,213 $9.91 $32.54 2029 $595,309 $1,120,282 $1,715,591 $12.09 $39.73 2030 $605,429 $1,120,282 $1,725,711 $11.86 $38.94 2031 $615,722 $672,169 $1,287,891 $8.85 $29.06 Average: $524,514.41 $672,169.29 $1,196,683.70 $10.15 $33.36 j:\clerical\anna\2020 drainage utility anaIysisM_report.docx - 1 5 - Birkhoff, Hendricks & Carter, L.L.P. J. Non -Residential Stormwater Detention System Fee Credit Several non-residential properties in the City of Anna currently utilize stormwater detention systems (ie. detention or retention ponds) to reduce runoff rates from the developed properties. An effective, on -site stormwater detention system benefits the City's existing stormwater drainage system by reducing the rate of runoff from the property to the stormwater system, thus reducing the required capacity of the downstream municipal utility system. The City may allow those non-residential properties which utilize an effective stormwater detention system to seek Stormwater Drainage Fee -Reduction Credit. We recommend requirement of application for the fee -reduction credits that is to be administered, approved and maintained by the City. We recommend the fee -reduction be proportional to the calculated reduction in runoff flow rate provided by the installed detention system, with a maximum allowable reduction established as an equivalent runoff estimated with a `C'-factor of 0.5. The calculated non-residential fee rate, $34.07 per acre, utilizes a runoff `C'- factor of 0.9, and therefore the maximum fee -reduction for a well -performing on -site stormwater detention system results in a reduced fee rate of $18.93 per acre. The detention system would require review by a licensed engineer in the State of Texas to provide the calculation results necessary for the calculation of the actual flow reduction. It is further recommended that the City inspect those stormwater detention systems credited for the reduction of runoff flow rate. The facilities must be maintained to ensure performance of the rated flow reduction. The City may require submission of a maintenance schedule with the application, for which City -approval and adherence by the property owner would be required. The City shall retain the powers to revoke the fee -credit upon non-conformance to the maintenance schedule or if the system is removed or found in disrepair. If the detention system fails, the fee -credits shall be revocable and subject to back -charges, based on the City's determination of the failure period and severity. jAclericahanna12020 drainage utility analysis103_report.docx - 16 - THE CITY OF manna MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS Firm No. 526 October 2021