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TC Res. No. 2009-28 CONSENTING TO UPPER EAGLE REGIONAL WATERTOWN OF AVON, COLORADO RESOLUTION NO. 09 -28 SERIES OF 2009 A RESOLUTION CONSENTING TO UPPER EAGLE REGIONAL WATER AUTHORITY INCREASE IN BASE RATE WHEREAS, Town of Avon ( "Town ") is a Participating Member in the Upper Eagle Regional Water Authority ( "Water Authority "), via the Establishing Agreement, dated September 18, 1984, and the Amended and Restated Master Service Contract ("Service Contract "), dated January 1, 1998; and WHEREAS, the Board of Directors of the Water Authority have proposed a Base Rate Increase to accommodate the payment of Debt Service on the proposed Series 2009 Revenue Bonds; and WHEREAS, the intent of the Debt Service Base Rate is to appropriately distribute the cost of needed improvements among the customers benefitting from these improvements, and to allow a reliable and readily calculable revenue source as security for the Bonds, thus lowering the risk contained within the Bonds and lowering the interest rate cost of the Bonds. NOW, THEREFORE, the Town Council of the Town of Avon does consent to the proposed Base Rate Increase as intended for implementation as of January 1, 2010; and as may be required to be adjusted in future years subject to the following conditions: The proceeds from the Debt Service Base Rate shall be used solely for debt service payments on the Series of 2009 Revenue Bonds. 2. Water Authority staff, in preparing each annual budget, shall determine the Debt Service Base Rate for the subsequent calendar and budget year by dividing the subsequent years' debt service by the current number of Single Family Equivalent Units ( "SFE's ") being actively billed; further divided by 12 months, to establish the amount of the monthly Debt Service Base Rate per SFE to be effective the following year. 00173584 Doc eljk ADOPTED this day of �T , 2009, by a vote of in favor and O opposed. Town of Avon �+ 4 vY 4 By: ay Ronald C. Wolfe, Mayor Attest: P y M envy, Tgwn Jerk { 00 t 73584. DOC /} Town of Avon Resolution Consenting to Upper Eagle Regional Water Authority Increase in Base Rate Page 2 UPPER EAGLE REGIONAL WATER AUTHURITY 846 Forest Road ♦ Vail, Colorado 81657 ♦ (970) 476 -7480 FAX (970) 476 -4089 ♦ erwsd @erwsd.org ♦ www.erwsd.org October 22, 2009 Ronald C. Wolfe, Mayor, and Members of the Avon Town Council Post Office Box 975 Avon, Colorado 81620 Re: Debt Service Base Rate Dear Mayor Wolfe and Members of Council: In the presentation of the proposed Debt Service Base Rate increase for the upcoming Bond Issue, the Question may not have been framed as well as it might have been. The point of this letter is to request that consent to the proposed new charge be either given or rejected at an early date, so that we can proceed to take advantage of favorable Bond rates and favorable construction bids. We believe the most salient points are as follows: 1. Normally the UERWA Board would not request consent, as the Debt Service costs would simply be added to the Service Charge (water usage). Changes to the Service Charge do not require consent — simply a notice. A combination increase to the Base Rate and Service Charge will be implemented to pay the Debt Service if this Base Rate alternative does not have unanimous consent. 2. Our counsel has determined that this Debt Service Base Rate constitutes a "Base Charge " under the Service Contract; and, therefore, since it exceeds the increase in the Consumer Price Index, does require consent of each of our six Participating Members. 3. The concept of this Base Rate for Debt Service was developed by Stan Bernstein as he reviewed the original direction, which was to calculate the increase in the Service Charge needed to pay for the upcoming Revenue Bonds. WATER OPERATIONS Arrowhead Metropolitan District ♦ Town of Avon ♦ Bachelor Gulch Metropolitan District A\ Beaver Creek Metropolitan District ♦ Berry Creek Metropolitan District Cordillera Metropolitan District * Eagle -Vail Metropolitan District ♦ Edwards Metropolitan District P \30UER \1ADMIN \LETTERSW0N LETTER.000 Ronald C. Wolfe, Mayor Member of the Avon Town Council October 22, 2009 Page 2 4. Stan accurately concluded that the Bonds would be more secure, and assumedly the market would give us a better interest rate, if each year we could guarantee that the Debt Service would be raised through a flat fee; rather than by estimating the expected water usage and raising the debt service amount through the Service Charge. S. Accordingly, this alternative method of assessing the Debt Service gained favor as allowing savings in our Bond Issue, without any significant effect on our customers. 6. Now is the time to issue Bonds. Savings are expected from acting now. The Bond documents are currently being drafted. 7. Now also is the time to construct improvements. We have been receiving very favorable bids on recent construction projects. 8. All other Participating Members have given Consent, and we need to finalize our Budget and Financing Plan on November 19. 9. The capital improvements proposed through the Bond Issue have been approved by our Board. The question comes down simply to how the Debt Service is paid on these Revenue Bonds. We appreciate the Avon Town Council's interest in our operations, and we have enclosed a copy of the 2010 Budget for your review. Becky Bultemeier and Stan Bernstein will be happy to answer any questions you may have. In the immediate future, however, we need a decision one way or the other on consent to the Debt Service Base Rate. if we need to finance Debt Service through the Base Rate and Service Charge combination, we must have the Bond documents reflect that. Thank you for your consideration. Respectfully submitted, MEMBERS OF THE BOARD OF DIRECTORS: f �n II 1 Doris 156wton, Chair (Berry Creek Metro) F:00UEW I ADM INA Fr1- ER9,AV0N LFTTFR.DOC By�_.w Brian Sipes, Director (Town of Avon) n Ronald C. Wolfe, Mayor Member of the Avon Town Council October 22, 2009 Page 3 i By; - Thomas Allender, Director William Simmons, Vice Chair (Eagle -Vail Metro) By: By: Jam . P we Director Director (B aver reek Metro) Enclosures 2010 Budget Proposed Consent Resolution F:',30UER' I ADM KUTTERS,AVQN LETTER TW (Edwards Metro) Thomas C. I (Arrowhead TOWN OF AVON 0 RESOLUTION CONSENTING TO UPPER EAGLE REGIONAL WATER AUTHORITY INCREASE IN BASE RATE WHEREAS, Town of Avon ( "Town ") is a Participating Member in the Upper Eagle Regional Water Authority ( "Water Authority "), via the Establishing Agreement, dated September 18, 1984, and the Amended and Restated Master Service Contract ( "Service Contract "), dated January 1, 1998; and WHEREAS, the Board of Directors of the Water Authority have proposed a Base Rate Increase to accommodate the payment of Debt Service on the proposed Series 2009 Revenue Bonds, and possibly other future bonds (the "Bonds "); and WHEREAS, the intent of the Debt Service Base Rate is to appropriately distribute the cost of needed improvements among the customers benefitting from these improvements, and to allow a reliable and readily calculable revenue source as security for the Bonds, thus lowering the risk contained within the Bonds and lowering the interest rate cost of the Bonds. NOW, THEREFORE, the Town Council of the Town of Avon does consent to the proposed Base Rate Increase as intended for implementation as of January 1, 2010; and as may be required to be adjusted in future years subject to the following conditions: 1. The proceeds from the Debt Service Base Rate shall be used solely for debt service payments. 2. Water Authority staff, in preparing each annual budget, shall determine the Debt Service Base Rate for the subsequent calendar and budget year by dividing the subsequent years' debt service by the current number of Single Family Equivalent Units ( "SFE's ") being actively billed; further divided by 12 months, to establish the amount of the monthly Debt Service Base Rate per SFE to be effective the following year. ADOPTED this day of , 2009, by a vote of in favor and opposed. Town of Avon LIZ Ronald C. Wolfe, Mayor t00173584.DOC I} 0 r� u UPPER EAGLE REGIONAL WATER AUTHORITY 2010 BUDGET OPERATING REVENUE: Water Service Fees per 1.000 gal, - Tier 1 Water Service Fees per 1,000 gal. - Tier 2 Water Service Fees per 1,000 gal. - Tier 3 SFE Base Charge Debt Service Base Fee - 2009 Bonds One Time Water Credit for excessive use Watering Fines Total Operati" Revenue OPERATING EXPENDITURES: DRAFT 10107/09 Public Hearing 10/22/09 2008 2009 2009 2010 Actual Su et Estimate Budget Note: 2,906,080 3,061,381 2,503,982 2,762,799 1,684,868 1,713,239 1,497,378 1,652,150 367,875 285,606 320,501 353,629 2,603,252 2,805,134 2,813,670 2,832,853 8,825 6,100 3,912 734,725 (3) (37,033) (30,000) (30,000) (27,628) (1) 770 - 7,527,811 7,835,360 7,105,531 8,328,528 WATER TREATMENT General Treatment: Communications and Controls 44,908 45,000 40,299 45,000 Treatment Contract 808,558 836,499 977,501 977,500 Phone - Telemetry 8,825 6,100 3,912 4,000 Supplies 5,283 6,000 12,086 8,000 Avon Drinking Water Facility: Chemicals 201,648 207,000 205,685 217,000 Electricity in plant 226,146 257,000 256,263 306,000 Natural Gas 23,657 26,400 26,299 26,000 Outside Services 25,933 29,700 29,524 32.000 LT2, STG II DDBP & UCMR2 Outside Labs 13,165 23,740 23,555 25,000 Repairs 77,526 95,000 94,376 95,000 Sewer 33,559 60,000 73,603 62,400 Edwards Drinking Water Facility: Chemicals 32,769 25,200 22,025 26,800 Electricity in plant 114,614 135,000 104,917 141,750 outside Services 11,616 15,000 14,433 15,000 Repairs 43,810 27,500 25,616 30,000 Sewer 37,116 38,000 42,764 40,000 (2) System Wells: Wells Electricity 31,211 45,000 41,048 40,000 wellChemicals - Treatment 5,785 7,300 6,678 8,800 Repairs 2,974 7,000 7,125 10,000 Total Water Treatment 1,749,104 1,892,439 2,007,711 2,110,250 WATER DISTRIBUTION Electricity 302,024 345,600 339,877 340,000 Distribution Contract 696,462 784,507 757,179 760,000 (2) Phone - Telemetry 2,977 3,500 3,500 3,500 Repair- Distribution System 250,669 60,000 81,146 85,000 BPS/TANKS Repairs - Equipment 40,037 40,000 35,340 40,000 BP&Tanks Building & Grounds 6,132 101000 7,500 10,000 Total Water Distribution 1,298,300 1,243,807 1,224,542 1,238,500 OTHER OPERATING EXPENSES 17,000 17,000 18,000 11,839 Consumer Confidence Report 15,000 18,000 21,215 50,000 Eagle Park Reservoir Operating Expense 95,829 2,800 11,600 11,725 Fiattops Ops Agreement 186,080 88,000 92,856 95 000 Gauging Station Maintenance 7,713 55,000 100,733 Green Mountain Augmentation 53,320 35,000 53,320 64,320 Woiford Mtn Augmentation Water 26,840 28,200 28,200 35,000 Eagle Park Augmentation Water 310,288 22,000 182,000 182,000 Regulatory Compliance 884,974 9,020 9.020 9,020 Radio Tuning System wide 754 5,000 4,968 5,000 Security for the drinking water facilities 21,895 3,211 8,826 10,000 10,000 State Fees 2,039,965 2,000 1,993 4,000 Tank Overflow Protection 9,011 5,500 5,367 5,000 Water Tank Cleaning - 1,000 1,000 1,000 Diversion Intake Cleaning /Maintenance 5,440 12,000 20,000 12,000 Meter Replacement 21,700 25,000 25,000 25,000 Contingency • Ops., Repairs, & Legal 38,153 - 40,000 100,000 150,000 Total Other Operating Expenses 283,865 330,520 523,714 597,340 Total Operating Expenditures 31331,269 3,466,766 3,755,967 3,946,090 GROSS INCOME FROM OPERAT10Ns 4,196,542 4,368,594 3,349,564 4,382,438 GENERAL & ADMIN. EXPENSES Audit Communications Consulting Directors' Fees and Expenses Engineering (Edw Disinfection By- product rule evaluation) Corrosive Soil Study Master Plan of Water System Insurance Legal - General Legat - Water Rights Administration, Customer Service & Accounting Contract Life Cycle allocation from ERWSD Miscellaneous Water Conservation Total General & Admin. Exp. Total Operating and G & A Expenditures INCOME FROM OPERATIONS NON - OPERATING REVENUE Plant Investment Fee Holy Cross Refunds Interest Traer Crk EMD LLC Interest Income Interest Income - Construction Escrow Contributed Assets from Developers (cash only) Cash from Developments in lieu of Storage/Water Rights Other Income Bond Proceeds EM LLC Traer Creek Total Non-operating Revenue 13,900 17,000 17,000 18,000 11,839 15,000 15,000 18,000 21,215 50,000 30,000 25,000 11,593 11,600 11,725 12,100 186,080 150,000 50,000 100,000 456 - 100,733 70,000 - 78,957 95,000 95,000 95,000 39,323 35,000 35,000 35,000 310,288 200,000 336,658 265,000 979,055 884,974 1,239,118 1,240,000 276,627 390,000 530,190 400,000 1,075 2,000 8,600 8,600 8,826 10,000 10, 000 15,000 2,039,965 1,860,574 2,448,291 2,231,700 5,371,235 5,327,340 6,204,258 6,177,790 2,156,577 2,508,020 901,273 2,150,738 1,062,251 368,882 494,052 84,310 51,105 60,000 65,597 65,500 8,036 7,770 7,546 187,870 131,988 76,050 158,667 187,635 - (183,700) 9,615 2,000 2,000 2,000 11,700,000 14,743,063 - 8,939 3,500 4,110 42335 1,515,451 12,266,370 15,208,942 322,357 (5) (2) (2) v NON-OPERATING EXPENDITURES Eagle River Watershed Council Support Eagle River Study by USGS Eagle River Ground Water Study USES Vail Valley Forest Health Total Non - operating Expenditures Net Non- operating Revenue less Expenses income Available for Debt & Capital DEBT SERVICE & CAPITAL EXPENDITURES Bond Principal Bond Interest Bond Issue Casts Paying Agent Fees Total Debt Service Water System Improvements : Life Cycle Maintenance, (Repair & Replacement Capital Construction Plan Water Rights Purchases Total Capital Expenditures SURPLUS/(DEFICIT) SUMMARY OF REVENUE & EXPENSE TOTAL REVENUES TOTAL EXPENDITURES TOTAL SURPLUSI(DEFICM Beginning Funds Available Ending Funds Available 20,000 25,000 25,000 25,000 18,200 15,000 24,200 20,000 28,351 45,000 45,000 45,000 45,000 45,000 45,000 66,551 130,000 139,200 135,000 941,383 1,253,978 898,811 851,850 1,448,901 12,136,370 15,069,742 187,357 3,605,477 14,644,390 15,971,015 2,338,095 1,472,265 1,194.977 1,194,977 2,022,563 941,383 1,253,978 898,811 851,850 348.820 348,820 - 1,275 1,100 1,275 1,750 8,782,800 4,399,617 7,604,981 12,954,919 2,414,923 2,798,875 2,443,883 2,876,163 194,948 3,143,500 2,430,436 1,631,000 2,173,425 7,280,180 3,946,758 6,874,348 1,800,000 - 2,388,373 10,423,680 8,177,194 8405,348 8,782,800 4,399,617 7,604,981 12,954,919 (1,177,819) 1,421,835 5,349,938 (9,043,416) 91043,262 20,101,730 22,314,473 8,650,885 10,221,081 18,679,895 16,964,535 17,694,301 (1,177,819) 1,421,835 5,349,938 (9,043,416) 8,782,800 4,399,617 7,604,981 12,954,919 7,604,981 61821,452 12,954,919 3,911,503 Analysis of Ending Funds Available: General Reserves Cash in Lieu of Water Rights Storage Fees for future tank Debt Service - 1998 EPR Issue ( +1110 of annual each yr.) Construction Escrow - Edwards Water Treat. Plant Construction Bonds 2002 - E PR Expansion & Well upgrade Construction Bonds 2005 - Tanks, One, pumps Capitalized Interest - 2000 and 2001 issue Debt Service - 1995, 2002 & 2003 Issues (1112 of next princi Operating Reserve - 3 months Unspent 2009 Bond Funds Total Ending Fund Balance Note: 4,521,960 4,335,780 1,208,455 - 291,070 151,671 121,337 9,568,729 631,930 1,583,455 1,483,455 (4) 151,671 151,671 f 99,990 - 100,000 100,000 1,331,835 1,364,335 1,551,065 1,544,448 9,550,348 1,200,000 7,804,981 5,821,452 12,954,919 3,911,503 dit, 0 i MaJor water leak service charge cre only granted once in your ownership period. (2) Total Expense for the Treatment, Distribution, Admin & Accounting, Life Cycle services: Routine Operations Contract Estimate with ERWSO Life Cycle Replacement Allocation Vehicles Cost Allocation Net Operations agreement cost on annual basis Adjustment to final audited Amount Annualized contract amount - Check td( 2008 2009 2009 2010 Actual Bucluet Estimate Sudoet 2,400,871 2,395,980 2,898,378 2,897,500 276,627 390,000 530,190 400,000 Est 83,203 110,000 75,420 80,000 $2,760,701 $2,895,980 $3,503,988 $3,377,500 $4,354 $2,765,055 $2,895,980 $3,503,988 $3,377,500 3) A base fee, per SFE, established to fund the 2009 bends. The fee is set each year based on the next years annual debt service, divided by the SFE's. (4) Held for future purchases of water rights or raw water facility expansions. (5) Radio Tuning due to electronic drift. Radios need to be tuned or calibrated at least every two to three years. The most efficient way to do this is all at once since most of them talk to a repeater type unit then pass forward. dit, 0 i MaJor water leak service charge cre only granted once in your ownership period. (2) Total Expense for the Treatment, Distribution, Admin & Accounting, Life Cycle services: Routine Operations Contract Estimate with ERWSO Life Cycle Replacement Allocation Vehicles Cost Allocation Net Operations agreement cost on annual basis Adjustment to final audited Amount Annualized contract amount - Check td( 2008 2009 2009 2010 Actual Bucluet Estimate Sudoet 2,400,871 2,395,980 2,898,378 2,897,500 276,627 390,000 530,190 400,000 Est 83,203 110,000 75,420 80,000 $2,760,701 $2,895,980 $3,503,988 $3,377,500 $4,354 $2,765,055 $2,895,980 $3,503,988 $3,377,500 3) A base fee, per SFE, established to fund the 2009 bends. The fee is set each year based on the next years annual debt service, divided by the SFE's. (4) Held for future purchases of water rights or raw water facility expansions. (5) Radio Tuning due to electronic drift. Radios need to be tuned or calibrated at least every two to three years. The most efficient way to do this is all at once since most of them talk to a repeater type unit then pass forward. 3) A base fee, per SFE, established to fund the 2009 bends. The fee is set each year based on the next years annual debt service, divided by the SFE's. (4) Held for future purchases of water rights or raw water facility expansions. (5) Radio Tuning due to electronic drift. Radios need to be tuned or calibrated at least every two to three years. The most efficient way to do this is all at once since most of them talk to a repeater type unit then pass forward.