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HomeMy WebLinkAboutReso. 1976-066 - Approving a proposal to dissolve Enterprise Public Utility District and annex its territory to CityRESOLUTION NO. 7,1-1 K A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING A PROPOSAL TO DISSOLVE THE ENTERPRISE PUBLIC UTILITY DISTRICT AND ANNEX ITS TERRITORY TO THE CITY OF REDDING. WHEREAS, there is attached to this Resolution and incor- porated herein by reference a proposal to dissolve the Enterprise Public Utility District and annex its territory to the City of Redding, prepared by the Enterprise Reorganization Committee and submitted to the Shasta County Local Agency Formation Commission, and WHEREAS, the aforesaid proposal is subject to five con- ditions as set forth therein, and WHEREAS, the proposed dissolution and annexation can be handled by the County of Shasta and the Local Agency Formation Commission of Shasta County as a single "reorganization" under the District Reorganization Act of 1965 (Government Code Section 56003.1), if the City Council makes no objection and approves the aforesaid proposal, and WHEREAS, the City Manager, the Planning and Community Development Director, and the City Attorney of the City of Redding have advised Council that the attached proposal is the most ap- propriate procedure to accomplish the proposed "reorganization," and the City Council has carefully studied. the proposal and deems it to be in the best interests of the City of Redding and its citizens, NOW, THEREFORE, BE IT RESOLVED that the attached proposal to dissolve the Enterprise Public Utility District and annex its territory to the City of Redding be and it is hereby approved by the City Council of the City of Redding, and the City Council hereby determines that the plan of reorganization together with the conditions thereof is unobjectionable. I HEREBY CERTIFY that the foregoing Resolution was intro - an adjourned duced and read at /. regular meeting of the City Council of the City , of Redding on the 2.8th. day of June, 1976, and was duly adopted at tam -1- said meeting by the following vote: AYES: COUNCILMEN: Demsher, , Gard, Pugh, and Anderson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fulton AT BEST: > ZZ) MILDRED L. BRAYTON, CAty Clerk V FORM APPROVED: EARL D. MURPHY, gi.ty/Attorney -2- Robert C. Anderson Vice Mayor of the City of Redding LOCAL AGCY FORMATION C0MOESSION ,i BILL G. MINTON„-EXECUTIVE OFFICER ROBERT A.-REHBERG, COUNSEL SHASTA COUNTY COURT HOUSE REDDING, CALIFORNIA PHONE 246-5561 COMMISSION MEMBERS C.J. FERREIRA, D.V.M.,CHAIRMAN DONALD DEMSHER June 2, 1976 MICKIE JAKEZ R.D."DAN" GOVER BESSIE L. SANDERS Report to the Local Agency Formation Commission From: Enterprise Reorganization Committee Subject: Proposal to Dissolve the Enterprise Public Utility District and Annex that Territory to the City of Redding Pursuant to your Resolution 76-11, the Reorganization Committee appointed therein has met and reviewed the proposed annexation. During the course of the meetings, the committee has heard from interested persons appearing at the meetings for that purpose. Following is the recommendation of this committee. Annexation of the territory within the boundaries of the Enterprise Public Utility District to the City of Redding was requested by resolution of the Board of Directors of the Enterprise Public Utility District, adopted at its regular meeting of March 8, 1976. The stated purpose of the resolution is that the proposal "is the most satisfactory method for the citizens of the District to determine the question of annexation and to resolve the question whether or not the citizens of the District will benefit from the annexation of the District territory to the City of Redding.” The area proposed for annexation includes approximately 14,000 inhabitants and encompasses approximately 5.4 square miles. The area is, at present, highly developed with residential and business areas, and it is not anticipated that the annexation will cause any significant change in the development patterns of the area. The assessed valuation of the District for the 1975/76 fiscal year is: Land $ 6,459,360 Improvements 177054,240 Total Secured $23,513,600 Overlapped Area Only - Total Assessed Valuation $3,006,040 A comparison of comparative costs of service is as follows: Enterprise P.U.D. Water Service & Fire Protection & Sewer Service Charge - Water for 1000 Cu. Ft. Present Cost (Tax Rate or Service Charge) $ 1.85 per $100 4.25 Mo. Min. Estimated (After Annexation) $ 1.92 per $100 2.50 Mo. Min. City for 500 Cu. Ft. r Street Lighting Various Garbage Collection Service $47.40 Per Yr. Charge Private Recreation $ .15 Electricity PGCE Service Charge & KWH Charge City inc. in $1.92 $36.00 Per Yr. City City inc, in $1.92 City Service Charge d. KWH Charge The present bonded indebtedness of the Enterprise Public Utility District is $1,477,000. This amount is substantially less than the bonded indebtedness limit of the District and would be assumed by the City upon annexation. Other indebtedness of EPUD is estimated at $900,000. There are at present approximately twenty lighting districts within the area proposed for annexation formed under the Highway Lighting District Act, Section 19000 and following of the Streets and Highways Code. Under that law, following annexation the City is empowered to terminate those districts. It is anticipated that they will do so and the cost of lighting will be spread equally throughout the entire city, as in the case of other city street lighting. Under the Law under which it was formed, a public utility district has powers to own and operate utility systems for light, water, power, heat, transportation, telephone services, or other means of communication, and means for the disposition of garbage, sewage or refuse matter. In addition, they may acquire and operate a fire department, street lighting system, public parks, golf courses, swimming pools, recreation buildings, other public buildings, and street drainage. In practice, the District services are fire protection, water, sewer and recreation. Within the same area, the County of Shasta exercises the general police power where not inconsistent with state law and provides, or has the power to provide, directly or by franchise, public roads, planning and zoning, recreation, garbage collection and disposal, cable t.v., animal control, building regulations, land division regulations, police protection and nuisance abatement, and imposes, or has the power to impose, a hotel -motel occupancy tax, local sales tax and various licenses and permit fees. If the annexation is approved generally, the foregoing powers and services, formerly provided by the County and the Enterprise Public Utility District, will be transferred to the City. Assuming the City of Redding does not object to the inclusion of the annexation in the single reorganization plan, the reorganization would be handled as a single plan and proceedings would be conducted by the Board of Supervisors. If no such objection is made, it is recommended that if the reorganization be approved, it be approved subject to the following conditions: 1. That there be a single ballot measure to read substantially as follows: "Shall the order adopted on , 1976, by the Board of Supervisors of the County of Shasta ordering a reorganization dissolving the Enterprise Public Utility District and annexing the territory thereof to the City of Redding be confirmed?" 2. Thatthe annexation election be held within the area to be annexed and also within the City of Redding. In order for the measure to be adopted, separate approval by majority vote of each entity is required. 3. That the City of Redding assume the bonded indebtedness and all other debts and obligations of the Enterprise Public Utility District. 4. That the City of Redding employ those employees of the Enterprise Public Utility District listed in Exhibit A hereto and employed on the effective date of annexation at a salary at least equal to that paid by the Enterprise Public Utility District, and with employee benefits and rights consistent with such benefits and rights given by the City to other comparable City employees of comparable seniority at the time of such employment, provided, however, that employees listed as sleepers are part time student employees and shall not be entitled to benefits not provided them by EPUD, and provided further that the City should not be obligated to employ such sleepers at a cost to the City in excess of the cost to EPUD, and the conditions of employment may be modified to meet such limited costs. 5. That the County shall continue road maintenance and law enforcement services in the annexed area until June 30, 1977, or shall terminate sooner upon request of the City of Redding. Upon termination of such services, the following shall apply: (a) That during the three (3) month period following termination of law enforcement services or until the City has employed five former Sheriff Department employees qualified for City employment, whichever is sooner, City shall give first employment consideration to applicants who within the thirty (30) day period before application have resigned or been laid off from the Sheriff's Department in good standing by reverse seniority. (b) That during the three (3) month period following termination of road maintenance services or until the City has employed six (6) former road maintenance employees of the County qualified for City employment, whichever is sooner, City shall gL e first employment consideration to applicants who within the thirty (30) day period before application have resigned or been laid off in good standing from the County Department of Public Works by reverse seniority. It is also recommended that the Commission find that the application of the restrictions of Government Code Section 35002.3 (Creation of Corridors or Islands) would be detrimental to the orderly development of the community as to this reorganization, and based upon such findings to waive the restrictions of said section. County Counsel has advised that the effective date of the dissolution and annexation would be the date of recordation of the Secretary of State's Certificate with the County Recorder (G.C. Sec. 56455). He further advises that upon dissolution the City would be the successor to the District for purposes of winding up the affairs of the District (C.C. Sec. 56501(a)), that the City would succeed to all funds and assets of the dissolved District, and that upon annexation the annexed area becomes equally liable with other areas of the City for debts and obligations of the City at the time of annexation (G.C. Sec. 56482). It appears that the single act of annexation will have no impact on the environment within the area to be annexed, and for that reason a Negative Declaration should be adopted by the Commission. Upon approval by the Commission, assuming that the City of Redding has not objected to the inclusion of the City annexation in this reorganization, the Commission's action will be forwarded to the Board of Supervisors to conduct further proceedings pursuant to the Commission's approval. ENTERPRISE REORGANIZATION COMMITTEE PAUL STATHEM, CHAIRMAN i C-L.�tSSL'IC?TZOY Genera 1--Manages �2soiut�c a ,' i i 3 3amea SecsBtasy-3oo'skaeosr TL-3 : - - 1/5175 j Sally Ur•.ue- -. Jame Bird _. _ Utjl+Lg_Cl,arx Scesial 3� 643 -- 4111 - Geesavlwe- 'oaaon Uttli 5-� aflaf�-. oa - -. 3u}�enint_ ndentiL59 3o i~t3emia � _44��%sem '�' p.�ui�nt;,4$cizra3c x -5`ae336n✓Eas-�l.s� $iiI Poen IItiliLyy�aa Utilit'.7m an 4 Z3-C r `�fi0f73 _ . Y1 'cQ-ZW, D pp? ,, QQom�' ZR '' _ - _ - _ ..- - �^• _ � _MS- -ham"^ -_ �. _ `r Erle SIou Siparintandent - •• _ f 8f�8f�`3 _ Jake. 31aak Ut iIityaseti _ Siil.,a Eayart Uta Utyman _ 77 l3-a ZI f73 13'-•. ^IOl3/73 Tam Zait* = Utilityman - - - Lae. Hart-weiZ Utiiitea z x Bob Briasey - _ Fira: Chiaf Don Kamp - .r y y Fierna E4t neer - i4-�3 ri y 111 &e ta, _ t:~moi Tacmas Rawsc-n Caatain 17 z; �12l�f5S Jim Hauer Captain - _ - - F»si Siders:- _Fix- - ... - _ Z I ���+; Ott �� T'r+-rapaan _. 3agi^r�er ...� - VirJsart AOTicic Azai9taat. Fire Chief. VA IC r Io13' _ 3 J et. anat to J„ • -- ZZ I�/7S - mica r 3canaen Sleeper Jaz Crsec.2s Sleeve r.• �..., ,- Greg Lan a S l e e e r- P - - Tonv Hainer S ieeoeT +' xjrk_ .iT1'_. _ 1dd Z;.-..._