HomeMy WebLinkAboutOrdinance 1776 - amend WR Code of Laws for Telecommunications Service
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 24
ORDINANCE NO. 1776
Series 2023
TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 22 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING BASIC LOCAL
TELECOMMUNICATIONS SERVICE
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the
City, acting through its City Council (the “Council”), is authorized to adopt ordinances
for the protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted
Article III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local
telecommunications service; and
WHEREAS, the Council finds and determines that it is necessary to change the
defined term “basic local telecommunications service” to “basic local exchange service”
in order to utilize terminology more commonly used to describe this service in both state
and federal law, as well as to avoid potential confusion regarding the applicability of
certain Federal Communications Commission rules that address “telecommunications
services” as that term is defined in federal law; and
WHEREAS, the Council finds and determines that it is necessary to clarify the
definition of “basic local exchange service" and to simplify the manner in which the
occupation tax is levied upon such service.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 22–121 of the Code is amended by repealing and
reenacting the following definitions to read in their entirety as shown:
Basic local exchange service means a service that provides (a) a local dial tone;
(b) local usage necessary to place or receive a call within an exchange area; and (c)
access to emergency, operator, and interexchange telecommunications services. Basic
local exchange service is also intended to be analogous to "telephone exchange
service" as that term is defined in federal law, namely, service within a telephone
exchange, or within a connected system of telephone exchanges within the same
exchange area operated to furnish to subscribers intercommunicating service of the
character ordinarily furnished by a single exchange, and which is covered by the
exchange service charge, or comparable service provided through a system of
switches, transmission equipment or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service. The provision of
cellular or mobile radio telephone service to any resident, business or other entity shall
be deemed basic local exchange service for the purpose of determining the applicability
of this business and occupation tax.
Line shall mean a separate telephone number, or its functional equivalent such
as a unique locator, having a service address located within the City of Wheat Ridge,
except that, to the extent basic local exchange service is provided through trunks, a line
shall mean network access register or its functional equivalent.
Basic local exchange service provider shall be any company or entity who enters
into the business of providing basic local exchange service in the City.
Section 2. Section 22–123 of the Code concerning amount and payment of tax
is hereby repealed and reenacted to read in its entirety as follows:
The amount of the tax levied and payment of the tax shall be as follows:
(1) each basic local exchange service provider who provides basic local
exchange service within the city shall pay a per line tax as described below:
The City Council finds and determines;
a. after reasonable inquiry and calculation, there presently are a total of
20,000 individual lines of exchange service being provided by all basic
local exchange service providers in the city.
b. the total revenue derived from the telephone occupation tax under
Article III of chapter 22 for calendar year 2022 was $850,000. This total
revenue figure shall be used to determine the annual per line basic
local exchange service charge under subsection 1(c) below.
c. based upon these figures, the per-line tax which is imposed and shall
be paid by each basic local exchange service provider as of January 1,
2024 is: $3.55 per month. This per line tax amount shall be annually
adjusted by the Wheat Ridge City Treasurer as set forth in subsection
(3) below.
d. the per line rate established hereby will result in no significant change
in revenue derived from the occupation tax on basic local exchange
service as compared to prior years, it being the intention of the Council
that this revenue amount remain essentially constant.
(2) Each year the prior year's monthly rate shall be adjusted by the percentage
change in the U.S. Bureau of Labor Statistics Consumer Price Index for
Denver-Boulder, all items, all urban consumers, or its successor index
based upon the August report of the prior year. The new rate shall be
effective on the following January 1. Effective January 1, 2025, the tax rate
shall be the 2024 monthly line charge adjusted by the percentage change in
the U.S. Bureau of Labor Statistics Consumer Price Index for Denver-
Boulder, all items, all urban consumers, or its successor index. This
adjustment shall be based upon the August 2024 report of such an index.
(3) The Wheat Ridge City Treasurer is hereby authorized and directed to perform
the necessary calculations to determine the per-line tax annually, based upon
the then-current calculation by the City of the number of basic local exchange
service lines in the City as of the date of calculation. The Treasurer is
directed to perform this calculation so as to achieve a per-line charge which
will result in no significant increase or decrease in the overall annual revenue
to be collected by the City from this tax.
Section 3. Effective Date. This Ordinance shall take effect upon adoption and
signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 11th day of September 2023, ordered published by title and in full on the City’s
website as provided by the Home Rule Charter, and Public Hearing and consideration
on final passage set for September 25, 2023, at 6:30 p.m. in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 1, this 25th day of September 2023.
SIGNED by the Mayor on this 4th day of October 2023.
_________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: September 12, 2023
Second Publication: September 26, 2023
Effective Date: September 25, 2023
Published: September 26, 2023
Jeffco Transcript and www.ci.wheatridge.co.us