BC 1988 01 25 - Laserfiche WebLink

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281 period of five (5) years from the date of this agreement, the County will guarantee that water and sewer rates for present City customers living Within the city limits of the City of Concord shall not be raised by an amount in excess of the annual increase in the consumer price index (CPI) or the producer price index (PPI), whichever is less. 6. No rate schedule or schedule of fees and charges shall be permitted which charges customers who are city residents at a higher rate than similarly situated customers who are not city residents. Violation of this provision may be enforced by the City of Concord by an equitable action for reformation of the rate schedule and by a legal action for refund to the City of over- charges of city residents for up to five (5) years prior to the date of the legal action. 7. Those city employees who are now employed in water and sewer utilities exclusively shall have the option to become county employees immediately upon the signing of this agreement. Although the county will attempt to maintain former city employees in water and sewer utilities, the county reserves the right to assign former city employees to any appropriate position within county government. County will agree that no city employee who is transferred to county government as a result of this agreement will be forced to accept any reduction in wages. County will undertake to provide that these former city employees will not lose accumulated pension benefits, accumulated sick leave or personal leave, or accumulated vacation benefits as a result of transfer. 8. In areas that the city wishes to annex, county agrees that it will undertake to provide water and sewer utilities for residents and businesses in newly annexed areas of the city, if the city wishes to have these services extended, on the following conditions: a. The city, by formal action of the Board of Aldermen, must request that such services be extended by the county. b. If the city formally requests the extension of service to newly annexed contiguous areas, then the city must advance the costs of the extension of service to the newly annexed areas prior to the extension of service lines. c. The costs advanced by the City of Concord will be repaid to the City of Concord in the following manner: i. For any necessary main water or sewer lines (12-inch lines or larger) which must be constructed or upgraded, the costs will be repaid, without interest, by the county to the city within a period of no more than five (5) years. In the event the services are requested for noncontiguous, or satellite annexed areas, the period of repayment by the county to the city will be no more than ten (10) years, with at least half of the costs repaid within the initial five (5) year period. ii. For any necessary collector system and lines smaller than "main" lines which are required to serve individual residences or other customers, the costs will be repaid to the city in the form of refund to the city of tap fees and connection charges from all water and sewer customers collected by the county within the annexation area for a period of ten (10) years, or until 120% of the costs of the project have been refunded, whichever comes first. At the end of ten (10) years, if refunds have not been at least equal to 80% of the project costs, then the county will supplement the refunds so that repayment for the line will be at least 80% of the actual project costs. iii. The county may, but shall not be required to, undertake any extension of utility lines to annexed areas pursuant to this section while another such extension project is being constructed or within the initial five (5) year repayment period for a project. iv. The county shall not be required to extend service under this section to any area in which there exists a bona fide dispute as to the