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08. Ordinance 1316 - Establishing Program to Recover Hwy 93 S Utility CostsN REPORT TO: Mayor and City Council FROM: Jim Hansz, Director of Public Works SUBJECT: Cost Recovery, US 93 South Utilities MEETING DATE: June 7, 1999 BACKGROUND: At the April 12, 1999 City Council work session staff presented information that outlined a number of potential methods for recovering the capital cost of utilities proposed to be installed by the City during construction of the US 93 South highway project. A copy of that information is attached. In summary, four basic ways were identified to recover the City's capital investment for utility improvements: 1. Recovery based on a surcharge by area, either per square foot or per acre. 2. Recovery based on a surcharge per linear foot of frontage on US 93. 3. Recovery based on a proportional surcharge on City connection fees. 4. Recovery that combines the preceding three methods. Hypothetical cost recovery amounts were calculated for four example parcels. This was based on the estimated construction cost of the utilities. The results of this calculation are shown in Table 1 as the proportional share of cost reimbursement for the utilities serving the property. This cost would be paid to the City at the time utility service is requested by the property owner/developer. Method 4 blended one-third recovery from each of the three basic approaches. TABLE 1 Original Comparison of Recovery Methods Parcel Method 1 Method 2 Method 3 Method 4 11-EG $27,536.46 $71,684.40 $7,680.00 $35,597.25 12-BA $26,308.07 $ 00.00 $7,680.00 $11,317.33 11-2 $5,630.13 $27,581.01 $750.00 $11,308.92 11-C $4,913.57 $ 00.00 $750.00 $1,885.84 Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 The City Council generally concurred with the staff s recommendation that cost recovery be based on a formula that combined each of the three basic methods previously outlined. The City Council asked for staff to provide additional examples with a different proportioning of the cost recovery between the three basic methods. Specifically, they asked that each of the four sample parcels be analyzed on the basis of 10%, 20% and 30% cost recovery from a front footage surcharge. For each of those examples, the remainder of the cost should be divided and recovered equally between a connection fee surcharge and the area of the property served. Table 2 shows this comparison. TABLE 2 Alternate Comparison of Recovery Methods Parcel 10% Frt.Ft 20% Frt.Ft. 30% Frt.Ft. 33.3% Frt.Ft. 11-EG $23,013.24 $28,423.42 $33,829.51 $35,597.25 12-BA $15,293.24 $13,594.40 $11,895.10 $11,317.33 11-2 $5,628.33 $8,068.40 $10,506.88 $11,308.92 11-C $2,548.43 $2,265.27 $1,982.11 $1,885.84 As would be expected, reducing the amount of recovery from front footage reduces the recovery cost for parcels with front footage, and causes the properties without front footage to pay a higher recovery surcharge. However, there is still a differential that reflects the differences in ease of access to utilities that would exist between parcels. RECOMMENDATION: Staff continues to recommend a cost recovery method that combines all three approaches. Staff does not see a way to develop a "perfect" recovery formula. With this in mind, staff recommends a recovery formula that recovers 10% by front footage with the remainder to be recovered from connection fee and parcel area surcharges. This formula will recognize the differences in access to utilities without creating wide disparities in surcharge between parcels of more or less equal size. Attached is an ordinance drafted by the City Attorney for this matter. FISCAL EFFECTS: Installation of all utilities will cost approximately $2.6 million. New water and sewer utilities will cost about $1.8 million of this total. It will be necessary to recover this $1.8 million capital investment. Costs of storm drainage and replacement of existing utility facilities would be funded from storm drain and utility accounts in accordance with current City policy. The staff recommendation provides for full recovery of the City's $1.8 million capital investment when utility service connections finally equal the capacity of the installed facilities. ALTERNATIVES: As suggested by the City Council Respectfully submitted, James C. Hansz, P.E. Chris A. Kukulski Director of Public Wok / City Engineer City Manager Report compiled May 5,1999 AN ORDINANCE ESTABLISHING A PROGRAM TO RECOVER UTILITY COSTS ASSOCIATED WITH THE INSTALLATION OF MUNICIPAL UTILITIES IN CONNECTION WITH THE RECONSTRUCTION OF U.S. HIGHWAY # 93 SOUTH. WHEREAS, the State of Montana, Department of Transportation, anticipates reconstructing U.S. Highway # 93 from Seventh Street within the City limits to an area commonly known as Four Corners in the year 2000 or 2001, and WHEREAS, MDOT and the City of Kalispell have agreed in principal to a cost sharing program for the installation of water, sanitary sewer and a sanitary sewer lift station upgrade from the current City limits to the Four Corners area, and WHEREAS, the area potentially benefitted by the extension of said utilities lies outside the boundaries of the City and potentially benefitted property has not paid any of the capitalization cost of the existing water delivery or sewer collection and treatment facilities, and WHEREAS, the costs for the installation of these new utilities is estimated to be $1,874,500.00, and WHEREAS, existing City policy contains no method by which the City can recover the cost of utilities extended to an area not within the boundaries of the City, and WHEREAS, City policy does anticipate that, prior to the delivery of utility services to areas outside the City, benefitted property would petition for annexation to the City, and WHEREAS, the City Council has determined that the best interests of City utility customers would be served by establishing an Ordinance setting forth a method and formula for the recovery of costs associated with the extension of water, sanitary sewer and sanitary sewer lift station facilities from property anticipated to be bene-fitted via their installation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: H;\attsec\wp\ord\US93costrecovery SECTION I. That the costs of water, sanitary sewer, and sanitary sewer lift station installation associated with the U.S. Highway #93 reconstruction shall be recovered from each parcel of property benefitted from said utility extension, at the time of its connection, based upon the following formula: 1. 45% of the total cost shall be recovered from the property owners connecting to said utilities based upon that part of the whole cost which their property's area bears to the area of the service area of 7,977,219 square feet; and 2. 45% of the total cost shall be recovered from the property owners connecting to said utilities by use of a surcharge on - the established connection fee, at the time of connection, such surcharge shall be an additional 35% of the connection fee for water service, and an additional 37% of the connection fee for sewer service, of the respective connection fees then in effect; and 3. 10% of the total cost shall be recovered from the property owners connecting to said utilities based upon that part of the whole cost which the frontage of their property on US 93 bears to the lineal feet within the service area of 10,722 lineal feet. SECTION II. Determination as to the total cost of the cost installation of the water, sanitary sewer utility and sanitary sewer lift station shall be based upon the successful bidder's final installed price, together with reasonable engineering costs, of said improvements as calculated by the Department of Public Works. SECTION III. Funds received as part of the cost recovery program herein authorized shall be deposited in the respective funds from which they were H;\attsec\Wp\ord\US93costrecovery dedicated to pay for the utility improvements in proportion to the total of those dedicated from each fund. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF JUNE, 1999. Wm. E. Boharski Mayor Attest: Theresa White City Clerk H;Aattsec\wp\or, \US93costrecover, r • �►•I 1 DIVA Lei Crs111\111NO April 9, 1999 To: Al Thelen, Interim City Manager From: Jim Hansz, Director of Public W rks Subject: US 93 Cost Recovery Additional information concerning cost breakdowns for US 93 South utilities has been developed. We have separated costs for replacement facilities, which can be funded from water and sewer replacement accounts without the need for special reimbursement, and the cost of new facilities that would require a cost recovery formula. We have also estimated the present cost of the future upgrade of the sewer lift station in order to permit the recovery of these costs now rather than at some future point. BREAKDOWN OF COSTS TABLE 1, COST OF IMPROVEMENTS Improvement Water Sewer Future Sewer Lift Station Upgrade Storm Drain* Replacement $291,000 New Total $539,000 $830,000 $125,000 $1,165,000 $1,290,000 $37,000 $170,500 $358,000 S 170,500 S395,000 * Storm Drain costs are not proposed to be recovered from property abutting this project because the majority of storm water flows originates from beyond the project area. This total reflects a $20,000 increase due to needed changes identified durinz Plan -In -Hand review. BREAKDOWN OF SERVICE AREA The service area for water and sewer has been equalized to the same boundary in order to ensure that all who receive services are the same. (Staff recommends that any parcel served by y NN these facilities be required to have both water and sewer service.) Details of the service area are as follows: TABLE 2, AREAS AND FRONTAGE Service area: 7,977,219 square feet 183.1 acres Front Footage: East = 5,432 L.F. West = 5,290 L.F. The area amount shown has been adjusted to remove all road rights of way so that the net amount is for only the privately held properties. Front footage amounts have likewise been adjusted to remove the footage attributable to road crossings. Attached is a copy of Exhibit C from previous work session packages. This exhibit shows the correct boundary. With the costs. and areas now better defined, we believe there are four ways to recover the cost of improvements: 1. Recovery based on surcharge by area, per square foot or per acre. 2. Recovery based on surcharge per linear foot of frontage on US 93. 3. Recovery based on a proportional surcharge on City connection fees. 4. Recovery that combines the preceding three methods. COST RECOVERY SURCHARGE - BASE CALCULATIONS Recovery by Area Served: Formula = Area / Facilities Cost = Facilities Cost Recovery.Fee / per unit Cost of New Water Facilities = $539,000.00, from Table 1 Service Area = 7,977,219 square feet, = 183.1 acres, from Table 2 Water Recovery Fee = $539,000 / 7,977,219 S.F. _ $0.0676 / S.F., _ $2,944.66 / acre Cost of New Sewer Facilities = $1,165,000 + 170,500 = $1,335,500, from Table 1 Sewer Recovery Fee = $1,335,500 / 7,977,219 S.F. _ $0.1674 / S.F..= $7,291.94 / acre Recovery by Front Footage: Formula = Front Footage / Facilities Cost = Facilities Cost Recovery Fee / per unit Front Footage = 5,290 LY + 5,432 L.F. = 10,722 L.F, from Table 2 Cost of New Water Facilities = $539,000.00 Water Recovery Fee = $539,000 / 10,722 L.F. _ $50.27 L.F. Table 3 Cost Recovery Based on Connection Fees Cost recovery can be based on a proportional recovery of the capital investment throtigh the City's existing connection fee schedule. This schedule utilizes the size of metered water service as the basis of fees. Surcharge Fees are based on current estimated construction costs for new facilities only. For water this total is S539,000.00. For sewer this total is $1,335,500.00 and includes the cost to upgrade the lift station to its final design capacity of 750,000 gallons per day. Meter 1999 Water Surcharge* 1999 Sewer Surcharge* Increase Factor** 5/8" $618 S216 $1434 $534 1.0 3/4" $890 $313 $2064 $774 1.44 1" $1582 $553 $3670 $1367 2.56 1 '2" $3560 $1244 $8259 $3076 5.76 2" $6328 $2212 $14683 $5468 10.24 3" $14239 $4977 $33038 $12383 23.04 4" or larger $25313 $8845 $58736 $21867 40.96 * The capacity of the constructed sewer system governs the number of potential users for both water and sewer. For Kalispell, the design for a residential sewer user is 300 gallons per capita day per household. The overall capacity of sewer facilities to be constructed is 750,000 GPD. This capacity limits total residential connections to 2,500 or the equivalent commercial usage based on the larger size water meters used by commercial development. This number is used for the calculation of the both the water and sewer surcharges shown above. ** The increase factor is the amount of increase in utility service provided by the larger size connection. It is the basis for the increased cost of the connection and is consistent for water and sewer connection charge. Cost of New Sewer Facilities = $974,000 + $191,000 + 170,500 = $1,335,500 Sewer Recovery Fee = $1,335,500 / 10,722 L.F. _ U24.57 L.F. Recovery by a Surcharge on Water and Sewer Connection Fees: Table 3 lists the 1999 connection fee for water and sewer for the year 1999 and the calculated cost recovery surcharge for each connection. The following extract from Table 3 summarizes and totals this surcharge. Meter Size 1999 Water Surcharge 1999 Sewer Surcharge Total Surcharge 5/8" $618 $216 $1434 $534 $750 3/4" $890 $313 $2064 $774 $1087 1" $1582 $553 $3670 $1367 $1920 1'2 $3560 $1244 $8259 $3076 $4320 2" $6328 $2212 $14683 $5468 $7680 3" $14239 $4977 $33038 $12383 $17360 4" or larger $25313 $8845 $58736 $21867 $30712 EXAMPLES OF COST RECOVERY Four typical properties were selected to illustrate the application of the various methods of cost recovery. The four properties are two residential parcels, one with US 93 frontage and one without, and two larger parcels of approximately equal size sim, again, one with frontage and one without frontage on US 93. The four parcels selected are: Parcel 11-EG, 2.69 acres, 410.0 feet of frontage Parcel 12-BA, 2.57 acres, 0.0 feet of frontage Parcel 11-2, 0.55 acres, 157.75 feet of frontage Parcel 11-C, 0.48 acres, 0.0 feet of frontage Cost Recovery Based on Area: Formula = Area x (Facilities Cost Recovery Fee / per unit) = Recovery Fee Parcel 11-EG, 2.69 acres: water = 2.69 x $2,944.66 = $7,921.14 sewer = 2.69 x $7,291.94 = S 19.615.32 Total = $27,536.46 Parcel 12-BA, 2.57 acres: water = 2.57 x $2,944.66 = $7,567.78 sewer = 2.57 x $7,291.94 = $18.740.29 Total = 526,308.07 Parcel 11-2, 0.55 acres: water = 0.55 x $2,944.66 = $1,619.56 sewer = 0.55 x $7,291.94 = $4,010.57 Total = $5,630.13 Parcel 11-C, 0.48 acres: water = 0.48 x $2,944.66 = $1,413.44 sewer = 0.48 x $7,291.94 = $3,500.13 Total = $4,913.57 This example shows that for parcels of nearly equal size, recovery costs are virtually the same, as would be expected. It also shows that parcels with difficult access to the utility, i.e. those having no front footage, pay the same recovery charge even though development costs are higher. Recovery Based on Front Footage: Formula = Front Footage x (Facilities Cost Recovery Fee / per unit) = Recovery Fee Parcel 11-EG, 410 L.F.: water = 410 x $50.27 = $20,610.70 sewer = 410 x $124.57 = $51,073.70 Total = $71,684.40 Parcel 12-BA, 0.0 L.F.: water = 0.0 x $50.27 = $00 sewer = 0.0 x $124. = S00 Total = $00 Parcel 11-2, 157.75 L.F.: water = 157.75 x $50.27 = $7,930.09 sewer = 157.75 x $124.57 = $19,650.92 Total = $27,581.01 Parcel 11-C, 0.0 L.F.: water = 0.0 x $50.27 = $00 sewer = 0.0 x $124.57 = $00 Total = $00 This example shows that for parcels of nearly equal size, recovery costs differ widely. Those parcels with front footage on US 93 have a cost; those without have none. In addition, a parcel five times the size of another would pay a recovery fee about two and one-half times that of the smaller parcel. Recovery Based on Connection Fees: This example assumes the residential parcels will remain residential and the Iarger parcels will be developed commercially with a 2-inch water meter size. Connection fees are not included in the total shown. Surcharge amounts are from Table 3. Formula = Recovery Fee = Table 3 Surcharge Amount for Utility Connection Size Parcel 11-EG, 2 inch water connection, water surcharge = $2,212.00 sewer surcharge = $5,468.00 Total = $7,680.00 Parcel 12-BA, 2 inch water connection, water surcharge = $2,212.00 sewer surcharge = $5,468.00 Total = $7,680.00 Parcel 11-2, 5/8 inch water connection, water surcharge = $216.00 sewer surcharge = $534.00 Total = $750.00 Parcel 11-C, 5/8 inch water connection, water surcharge = $216.00 sewer surcharge = $534.00 Total = $750.00 In this example fees are exactly the same for identical uses. There is no consideration for the degree of difficulty to obtain service and nothing related to the size of the parcel. Cost recovery is based solely on the demand from the system. This is the premise supporting the City's present system of water and sewer connection charges. However, the present connection fee schedule fails to account for installations larger than a four -inch water meter size. Requirements greater than the capability of a four -inch meter are charged a four -inch fee regardless of the actual size. Cost recovery based on this method alone could allow very large commercial or industrial users to be subsidized by other ratepayers. A blended system that combines all three of the preceding examples may solve this problem and provide greater equity. The following example is based a system for recovering one-third the capital costs by each of the three preceding methods. BLENDED COST RECOVERY Formula = 1/3[(Area Recovery Fee x Area)+(Front Footage Recovery Fee x Front footage)+(Table 3 Surcharge Amount for Utility Connection Size)] = Blended Recovery Fee Area Method: Water = $2,944.66 acre Sewer = $7,291.14 acre Total = $10,235.80 acre Front Foot Method: Water = $50.27 L.F. x 1/3 Sewer = $124.57 L.F. x 1/3 Total = $ 174.84 L.F. Connection Fee Method: (2-inch) Water = $2,212.00 Sewer = $5,468.00 Total = $7,680.00, 2-inch (5/8-inch) Water = $216.00 x 1/3 Sewer = $534.00 x 1/3 Total = $750.00, 5/8-inch For each parcel the recovery fee is as follows. Parcel 11-EG, 2.69 acres, 410.0 feet of frontage: 1/3[(2.69 x10,235.80)+(410.0 xl74.84)+(7,680.00)] = 9,168.91+23,870.90+2,557.44 _ $35,597.25 Parcel 12-BA, 2.57 acres, 0.0 feet of frontage: 1/3[(2.57 x10,235.80)+(0.0 xl74.84)+(7,680.00)] = 8,759.89 + 00.00 + 2,557.44 = $11,317.33 Parcel 11-2, 0.55 acres, 157.75 feet of frontage: 1/3[(0.55 x10,235.80)+(157.75 xl74.84)+(750.00)] = 1,874.69 + 9,184.48 + 249.75 _ $11,308.92 Parcel 11-C, 0.48 acres, 0.0 feet of frontage: 1/3[(0.48 x $10,235.80)+(0.0 x $174.84)+(750.00)] = 1,636.09 + 00.00 + 249.75 = $1,885.84 Method 4 does not eliminate the disparities between parcels of similar size, but does provide a rational basis for the distinction by assessing a recovery fee based on several relevant parameters and providing for consideration of the availability of and ease of access to service. Residential parcel 11-2 has a higher recovery fee than 11-C because 11-C has the added burden extending sewer main to the parcel, a cost not imposed on parcel 11-2. The same situation exists for parcels 11-EG and 12-BA. SUMMARY OF METHODS , The Table 4 summarizes and compares the results of each of the four methods outlined in the preceding sections. Table 4 Comparison of Recovery Methods Parcel Method 1 Method 2 Method 3 Method 4 11-EG $27,536.46 $71,684.40 $7,680.00 $35,597.25 12-BA $26,308.07 $ 00.00 $7,690.00 $11,317.33 11-2 $5,630.13 $27,581.01 $750.00 $11,308.92 11-C $4,913.57 $ 00.00 $750.00 $1,885.84 RECOMMENDATION Staff recommends that recovery of capital costs for utilities extended south on US 93 should be based upon the fourth method outlined; a blended recovery of the costs that uses parcel size, front footage on US 93, and utility demand, as reflected by service connection size, appears to be most equitable for the service area. The differences that exist in the application of the recovery fees between parcels of similar size are due to the clear differences in the ease of access to the utility service that exists between parcels. E!kHIBIT C SEWAGE COLLECTION SYSTEM SERVICE AREA n )• 7 PROPOSED NEW "`i •r ;'�"'!"'+�� s 1 —_ GRAVITY EXTENSION V"y is OF MONK LINE ,.ii,.- 2A", TO W WTP— srw 2 aaR a . N EW 6° >a -- ,. FORCE MAIN = �ow rL.xw o .m max I•DT 6 a.a ]W L -------------- ------L--------- 1M --- .. NEW e' GRAVITY SEWER COLLECTION MAINS 90TH % r +m a SIDES OF HIGHWAY i v J ,s• a — tL--- a LD7 7 r i s a m a LW e 2A ( ,,Dr . I 1 fat r.. • ' ac 1 —LJP 13 y r I APPROXIMATE FISHER,, SUBDIVISION NEW SEWAGE SERVICE AREA LIFT STATION r3OUNDARY r jlw u • � s r i — — NOJTH i C D 2D0 !Da jDDD a 34 Y ✓•