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TC Res. No. 2014-04 UERWA Capital Replacement Program Base Rate1114 WIN] R I of SERIES OF 2014 Us k4w RATE WHEREAS, the Town of Avon ( "Town ") is a Participating Member in the Upper Eagle Regional Water Authority ( "Water Authority ") via the Establishment Agreement (dated September 18, 1984), and the Amended and Restated Service Contract (dated January 1, 1998); and WHEREAS, the Board of Directors of the Water Authority has proposed a Capital Replacement Program Base Rate Charge, the proceeds of which will be placed in a Restricted Reserve Fund designed to pay on a current and ongoing basis for capital replacement of existing facilities (the "Capital Replacement Program Base Rate" or " CRPBR Charge "); and WHEREAS, the intent of the Capital Replacement Program Base Rate is to avoid financing costs, and pay directly from customer revenues those recurring costs for the replacement due to predictable aging or obsolescence of the following types of assets: 1. Assets with a life expectancy of between 5 and 20 years; 2. Assets with a longer life expectancy but requiring an on -going periodic replacement investment, such as for a long -term pipe replacement program. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Avon consents to the establishment of the proposed Capital Replacement Program Base Rate in the initial amount of $3.25 per SFE per month for implementation as of April 1, 2014; and as said CRPBR Charge may be adjusted in future years, subject to the following conditions: The proceeds from the Capital Replacement Program Base Rate shall be used solely for capital replacement expenses caused by wear and tear on and obsolescence of existing capital facilities. 2. A Capital Replacement Program Restricted Fund shall be established to account for revenue and expenses dedicated to capital replacement and associated costs. Town of Avon Resolution Consenting to Upper Eagle Regional Water Authority Creating a Capital Replacement Program Base Rate Page 2 3. Subject to a maximum increase set forth in Section 4 below, the Authority annual budget process shall determine the Capital Replacement Program Base Rate appropriate for subsequent calendar and budget years. The initial rate was determined from past budget history and will generate approximately $640,000 per year. The Authority Board's budget process will re- evaluate the need for the rate every year and adjust it, either by an increase or decrease, as determined by the Authority Board 4. Any increase in the CRPBR Charge above the increase in the Rate of Inflation as defined by the Denver /Boulder /Greeley consumer price index shall require the unanimous consent of the Participating Members, per the Establishment Agreement. ADOPTED this I I" day of March, 2014, by a vote of 5 for and i opposed. Town of Avon / ab lst -&t