HomeMy WebLinkAboutOrdinance-1984-0588INTRODUCED BY COUNCILMEMBER MERKL
ORDINANCE NO. 588
Series of 1984
TITLE: AN ORDINANCE AUTHORIZING THE IMPOSITION BY MOUNTAIN
BELL OF A CHARGE OF $.17 PER SUBSCRIBER LINE TO PAY
FOR EMERGENCY TELEPHONE SERVICE WITHIN THE CITY OF
WHEAT RIDGE, AND FURTHER AUTHORIZING THE BOARD OF THE
JEFFERSON COUNTY EMERGENCY TELEPHONE SERVICE AUTHORITY
TO DIRECT MOUNTAIN BELL TO BEGIN COLLECTING SAID
CHARGE EFFECTIVE NO LATER THAN NOVEMBER 1, 1984,
AND THEREAFTER TO REPORT AND REMIT SAID CHARGES AS
PROVIDED BY LAW.
WHEREAS, THE CITY OF WHEAT RIDGE HAS PREVIOUSLY ENTERED INTO AN
INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE CREATION OF AN
EMERGENCY TELEPHONE SERVICE AUTHORITY, WHICH AUTHORITY HAS
SUBSEQUENTLY BEEN CREATED AND WHICH HAS NEGOTIATED WITH MOUNTAIN
BELL FOR THE CREATION OF AN E911 EMERGENCY TELEPHONE SYSTEM
WITHIN JEFFERSON COUNTY AND INCLUDING THE CITY OF WHEAT RIDGE;
WHEREAS, C.R.S. 1973, 29-11-102(2) AUTHORIZES THE GOVERNING BODY
OF EACH MUNICIPALITY, BY ORDINANCE, TO IMPOSE A UNIFORM CHARGE
NOT TO EXCEED TWO PERCENT (2%) OF THE PROVIDER'S TARIFF RATE TO
PAY FOR SAID EMERGENCY TELEPHONE SERVICE;
WHEREAS, C.R.S. 1973, 29-11-103(1) REQUIRES QUARTERLY REMITTANCE
BY THE SERVICE SUPPLIER TO THE GOVERNING BODY OF THE AMOUNTS
COLLECTED FOR SAID SERVICE, LESS COSTS OF ADMINISTRATION NOT TO
EXCEED TWO PERCENT (2%);
WHEREAS, THE CITY COUNCIL WISHES TO ENACT THIS ORDINANCE TO
AUTHORIZE THE IMPOSITION OF THE CHARGES SPECIFIED IIE.:EIN AND TO
AUTHORIZE THE AUTHORITY TO DIRECT MOUNTAIN BELL TO BEGIN COLLECTION
AND REMITTANCE OF SAID FEES NO LATER THAN NOVEMBER 1, 1984;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. The City of Wheat Ridge, Colorado, acting by and
through its duly elected and serving City Council, hereby imposes,
pursuant to the specific authority vested in the City by C.R.S.
1973, 29-11-104(2), a charge not to exceed $.17 per subscriber
line upon each mountain Bell subscriber within the City of Wheat
Ridge, said charge to be uniformly imposed and collected, said
charge to be utilized for the installation and operation of
emergency telephone services as defined in C.R.S. 1973, 29-11-101(1)
within Jefferson County and the City of Wheat Ridge.
Section 2. Authority is hereby expressly delegated to the Board
of the Jefferson County Emergency Telephone Service Authority,
created by intergovernmental agreement to which Wheat Ridge is
a party signatory, to direct Mountain Bell to commence collection
within the City of Wheat Ridge of the charge authorized in Section 1
hereof on or before November 1, 1984, and to further direct Mountain
Bell to comply with the reporting and remittance procedures and
requirements established in C.R.S. 1973, 29-11-103.
Section 3. Safety Clause. The City Council hereby finds, determines,
and declares that this ordinance is promulgated under the general
police power of the City of Wheat Ridge, that it is promulgated
for the health, safety, and welfare of the public, and that this
ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational
relation to the proper legislative object sought to be attained.
ORDINANCE NO. 588
PAGE TWO
Section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any
person or circumstances shall for any reason be adjudged by
a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 5. This ordinance shall take effect one (1) day after
final publication.
INTRODUCED, READ AND ADOPTED on first reading by a vote of 7
to 0 on the 24th day of SEPTEMBER , 1984, ordered
published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on
final passage set for OCTOBER 8 , 1984, at 7:30 p.m.
at Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 7 to 1 this 8th day of October
1984.
SIGNED by Mayor on this 9th day of October
1984.
Z 1 1 < -r~ -
Frank Stites, Mayor
ATTEST:
Wanda Sang, City Cle
1st Publication September 27, 1984
2nd Publication October 11, 1984
(Wheat Ridge Sentinel)
Effective Date: October 12, 1984
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
0-
John E. Hayes r'