Burleson council approves combined study contract for street maintenance and stormwater utility fees

Burleson — The City Council voted to authorize a combined professional services agreement with Freese and Nichols to study and develop a street maintenance fee and a stormwater utility fee, with staff estimating a combined contract cost of $282,100.

Justin Scharnhorst, deputy director of public works, told the council the combined approach reduces overall cost compared with hiring separate consultants for each study and would produce the data and methodology the city needs to decide whether to adopt either fee.

The study would develop a methodology, model funding scenarios and support staff outreach; if adopted the fees would be billed monthly on water bills, with stormwater revenue dedicated to ongoing stormwater maintenance and street fees restricted to rehabilitation and maintenance of existing roadways, not new construction, staff said.

Key details and legal context

Scharnhorst said the combined price for both studies is $282,100; staff cited an independent cost breakdown showing the stormwater analysis alone at about $167,400 (including a $30,000 contingency) and the street maintenance analysis at about $164,900 if contracted separately. The city proposed funding $137,000 of the combined cost out of development services and planned to identify supplemental appropriations for the remainder.

City staff estimated the studies would take roughly six to nine months, starting immediately, to deliver a fee structure and impact assessment in time for spring‑to‑summer budget discussions. Council members asked staff to be specific in the professional services agreement about the scope of outreach and billing implementation assistance.

City legal staff and council also discussed legal risk. City legal counsel noted past court cases in other Texas cities turned on how fee revenues were actually used; council was told that under current law the proposed fees would be legally permissible provided the city uses the funds for the designated purposes. Councilmembers acknowledged the legislature could change local fee authority in the future but declined to delay the study for that reason.

Council vote and next steps

Councilmember Adam moved to approve the combined contract with Freese and Nichols; Councilmember Dan seconded the motion. The council voted unanimously to approve the combined professional services agreement and asked staff to return with a draft contract and schedule for public outreach.

Quotes

"The fee structure and impact assessment in total is a project, would be anticipated if we started in the month of January to be completed sometime in the month between June and September," Justin Scharnhorst, deputy director of public works, said.

Ending

Staff will work with Freese and Nichols to finalize the scope and to begin public outreach; the council will receive the studies during budget development to consider whether to adopt either fee.