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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'