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MLNDA Annual Membership Meeting (Bond Election)

Date: 10/07/2023

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Agenda

  • MLNDA Board & Membership
  • Project Scope of Work
  • Project Costs
  • Financing
  • Plan Forward
  • Bond Election
  • Q&A

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RECOGNITION OF LOCAL OFFICALS

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MLNDA Board & Officers

No.

Board of Directors

Officers

1.

Jacy Robbins

President

2.

Andy Taylor

Vice President

3.

Christy Sellers

Secretary

4.

Roxanne Hendrickson

Treasurer

5.

Robert Raetzsch

6.

Miriam Jones

7.

Paul Bluntzer

Up for Re-election

8.

Danelle Roddy

Up for Re-election

9.

Jack Walker

Up for Re-election

10.

Michael Messersmith

Up for Re-election

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What Can Membership Do

  • VOTE in upcoming Nov. 7, 2023 Bond Election
  • Renew Membership & Donate
  • Get Involved with Accomplishing MLNDA’s Goals/Objectives for the Upcoming Year
  • Join MLNDA Board
  • Meadow Lake WCID:
    • Attend meetings and participate
    • Join WCID Board: 2 positions available in Nov. 2024 (requires application submitted 78 days prior to Election to be placed on ballot)

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Fundraising Needs:

Description

Cost

Round 1:

Engineering Study

$125,000

Political Boundary Survey

$25,000

Legal Expenses for WCID

$27,000

TOTAL:

$177,000 ($175K Raised)

Round 2:

WCID Operating Costs thru 2024

$20,000

Legal Expenses for Contract Agreements

$20,000

TOTAL:

$40,000

  • WCID Operations Costs include: Board liability insurance, Bookkeeping Services, General Counsel Expenses, and County Election Costs
  • Binding Contractual Agreements expected for the upcoming year include: GBRA, City of Seguin, Sorenson, and Freese & Nichols, Inc.
  • Without Funding especially for Contract Agreements the Project WILL BE DELAYED.

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MLNDA Goals & Objectives

Committee

Goals / Objectives: 2023-2024

Membership

Chair: Danelle Roddy

Have as many property owners and lake residents sign up as possible. More important than ever that members stay informed.

Communications:

Chair: Christy Sellers

Keep membership informed throughout the year of the project’s progress and any activities membership can do to support.

Fundraising:

Chair: Miriam Jones

Raise the necessary funds for the WCID to continue operations for this upcoming year. Especially important to raise funds to avoid DELAYS.

Lake Clean-up:

Chair: ????

  • Organize the clean-up of the lake and stump removal prior to return of the lake
  • If pursued coordinate with respective parties to remove material from the lake bed to widen and deepen the lake adjacent to Buerger Lane.

Eng. & Construction:

Chair: Jacy Robbins

Support WCID in developing contracting strategy for the project, identifying suitable contractors, and developing more accurate estimates for decision making purposes.

Financing & Contracts:

Chair: Andy Taylor

  • Support in binding contractual agreements with GBRA
  • Support in binding contractual agreements with the City of Seguin
  • Identify and pursue additional funding sources for the project with a main focus on additional grants.

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MLNDA Director Election

  • Re-Election: Paul Bluntzer
  • Re-Election: Danelle Roddy
  • Re-Election: Jack Walker
  • Re-Election: Michael Messersmith
  • Nomination #1:
  • Nomination #2:

  • Uncontested: Motion for Membership to Approve Nominated Directors
  • Contested: Show of Hands. Top six (6) nominees with most votes will be MLNDA directors.
  • Election Results:
    • Motion to Approve Re-election of Directors above: Jacy Robbins
    • Second Motion: Andy Taylor
    • Motion Passed: Unanimously Approved by Membership

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Project Scope of Work

  • Obermeyer Gate Replacement w/
  • Tower Cranes for Construction & Maintenance +
  • Anchoring for added stability of foundation

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Obermeyer Gate Replacement

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Tower Cranes

    • Two hammerhead tower cranes on Friant Dam in California replacing roller drum gates with Obermeyer gates
    • Proposed location of tower cranes at Nolte Dam

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Supply of New Tower Cranes

    • Potential manufacturers: Comansa, JASO, Potain, and Terex
    • All tower crane manufacturing in western Europe: Spain, Italy, France. No tower crane manufacturers in North America
    • Lead Times: 4 to 5 months + shipping

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Foundation Stability Improvements

    • Anchoring provides Factor of Safety of 2.11 for sliding. Currently FoS is 1.06 with a requirement of 2.0
    • Anchoring superior to relying on mass/weight alone. Not solely reliant of soil friction.

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Foundation Stability Improvements

    • Lake Austin – Tom Miller Dam 1940
      • Failed due to sliding and uplift forces on the foundation

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Hydraulic Inadequacy Often called Embankment Stabilization/Hardening/Over Topping Protection

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PROJECT COSTS

  • Summary of Costs
  • Contingency Defined

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COSTS

Construction Costs & Contingencies

Construction Total

Costs w/ direct quotes

Estimated Costs

Overhead & Profit

$12,218,900

$6,503,000

$6,000,700 ($1,800,210) 30%

$900,200 ($900,200)

Overall Contingency

($4,047,300)

Water & Flood Management Contingency

($1,185,000)

PM&E

Project Management

($1,264,200)

Engineering

$1,178,000

OVERALL COSTS

Project Costs

Costs of Issuance

$19,900,000

$940,000

TOTAL COSTS

$20,840,000

City of Seguin Contribution

($5,000,000)

WCID Bond Authorization

$15,840,000

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CONTINGENCY

Contingency

Examples

Impact

Economic Conditions

Price variations, material escalations, commodity shortages, labor rate variations

Unknown

Schedule

Weather delays, long lead item delays, commodity shortages

Minimal, proper planning

Insufficient Geotechnical

Variations in soil parameter assumptions

Minimal, increase anchoring load

Differing Site Conditions

Limited information, existing structure may differ from existing drawings

Minimal, field survey

Design Changes

Specification changes

Minimal, proven gate system on an existing structure

United States Society of Dams – Guidelines for Dam Engineers:

  • “Contingency is the dollar value of the uncertainty in an estimate”
  • “Contingency is the most controversial element of producing Engineer’s Estimate”

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FINANCING

  • Financing - Loan
  • Funding Sources

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Financing - Loan

  • Summary of Benefits:
    • 0.5% to 1.0% reduction in market interest rates
    • 35 year term to be paid after completion of construction
    • Flexible debt structuring
    • No pre-payment penalties at anytime – very beneficial for refinancing at lower rates in the future
    • Finance up to 80% of project, w/ City’s $5 million contribution this would fund all District costs
    • No penalty if project requires less funding
    • Benefits above represent approximately 20% savings on tax rate
  • Timeline:
    • Sep. 18 – Dec. 18: Pre-Application Submittal
    • Jan. – Mar.: Review and invitation for full application
    • District turn in Full Application
    • 30 – 90 days: Process full Application
    • 30 days: Loan Closing (TCEQ approval required before closing)

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Funding Sources

  • City of Seguin
    • $5 million planned Contribution, resolution passed by City Council of August 15th, 2023
    • Binding Contract w/ City for Contribution upon successful bond election
  • Department of Energy: Maintaining & Enhancing Hydroelectric Incentives Program
    • Full Application successfully submitted on October 4th, 2023
    • Collaboration b/w Meadow Lake WCID, MLNDA, City of Seguin, and GBRA
    • 30% of Project Costs up to $5 million max.
    • $550 million in funding allocated, $850 million projects applied (65% of projects)
    • Expect application to score 12 out of 14 possible points under Dam Safety. Likely a strong application
    • Expected Award within next 6 months
  • Other Grants – MLNDA and the WCID will continue to purse all available future grants and funding sources to the reduce tax burden.
  • Legislative Appropriations – Continue working with US and State representatives. Low likely hood currently

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Plan Forward

  • Bond Election
  • Securing Financing
  • Conveyance of Ownership Agreement
  • Operator Agreement

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Conveyance of Ownership

  • MOU w/ GBRA (29-Sep-23):
    • Successful Bond Election
    • Securing of adequate funding by WCID
      • US Corps approval
      • City of Seguin Contribution Agreement
    • GBRA and WCID reach agreement for transfer of ownership
    • Final Engineering, bids received, and contractor(s) awarded. Verification sufficient funds secured
    • WCID elects to move forward
    • Approval of sale and transfer completed by both parties

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Operator Agreement Summary

  • Ownership:
    • Dam incl. gates: District
    • Hydroelectric Assets: Operator
  • Revenue:
    • Annual Avg.: $450k
    • Capacity Payment: 100% Sorenson (approx. $180k)
    • Hydro Production: Split (avg. $270k)
      • $40k to $80k to district, 10% - 20% (TBD)
      • Remaining hydro revenue: Sorenson
      • Intention is for hydro revenues received by district to fully cover major maintenance of gates
  • Maintenance & Operation of Gates:
    • Operation of Gates - Operator
    • Routine Maintenance – covered by operator
    • Major Maintenance – revenues generated from hydro
    • District will have oversite to ensure gates maintained

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Bond Election

  • Voter Eligibility
  • Assessed Property Values and Exemptions
  • Tax Impacts

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Voter Eligibility

  • Must “reside” within boundaries of the WCID. Same as deciding who votes in City, County and State elections, determined by boundaries.
  • Definition of “Reside” Quotes from Supreme Court Rulings:
    • “every person is strongly presumed to have the right and privilege of fixing his residence according to his own desires.”
    • “Residence is defined to mean domicile i.e. one’s home and fixed place of habitation to which one intends to return after any temporary absence.”
    • College Student Example
  • Homestead, property ownership, or primary residence NOT a requirement in determining voter registration.
  • Must register to vote within the boundaries of the district if you want to be eligible to vote in the WCID Bond Election.
  • Last Day to Register: Tuesday, October 10th

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Assessed Property Values and Exemptions

  • Assessed Property Values – the value determined by the Guadalupe Independent Appraisal District. Includes all State mandated exemptions. NOT the same as market value.
    • Homestead Cap – limits increase in assessed value to 10% in a given year (approx. 40% of properties)
    • Ag exemption or Ag Use (approx. 15 properties)
    • Disabled Veterans, level 1-4 (approx. 6 properties)
    • Public Property (GBRA properties)
  • Taxable Property Values – assessed values with local taxing authority exemptions included:
    • Homestead (limited to State’s maximum exemption amount)
    • Over 65 tax ceiling limit (assessed value frozen on year adopted)
    • Disabled persons
    • Solar
  • Each local taxing authority (School District, County, City, WCID) adopts their own State allowed exemptions.
  • WCID has powers to only consider adopting a HOMESTEAD EXEMPTION
  • Because the WCID does not currently plan to adopt any allowed exemptions the assessed property values = taxable property values for the district. Could change in future.

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BOND ELECTION - TAX IMPLICATIONS

Refer to Tax Impact Analysis Spreadsheet

  • Propositions:
    • A: Principial in an amount not to exceed $15.84 million
    • B: Authority for board to refinancing debt in future
    • C: O&M Tax: for funding liability insurance, general counsel services, bookkeeping and auditing
  • Democratic Process – simple majority approves
  • Everyone has the right to vote “for” or “against”
  • Passing Vote – move forward with Plan
  • Failed Vote:
    • signals to WCID Board too high of a bond amount
    • Delays schedule
    • Re-evaluate financing options
    • A bond election in May could be considered with a lower bond amount

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COSTS FACTORS FOR VOTER CONSIDERATION

Factor

Confidence

Tax Impact

(Reductions)

Reduction in Project Costs

$19.9 million to $12 million

99% to 75%

20% to 40%

US Corps (CWIFP) Loan Financing

> 75%

20%

City of Seguin $5 million Contribution

> 95%

25%

DOE Grant

> 65%

30%

Future Grants

> 40%

???

Legislative Appropriations

< 10%

???

Other Funding Sources

< 10%

???

WCID Adopted Exemptions

> 40%

20% decrease Homestead

20% increase for non-homestead

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QUESTIONS