HomeMy WebLinkAboutOrdinance-1985-0644INTRODUCED BY COUNCILMEMBER KEI,T,ER
ORDINANCE NO. 644
Series 1985
TITLE: AN ORDINANCE AUTHORIZING THE JEFFERSON COUNTY EMERGENCY
TELEPHONE SERVICE AUTHORITY BOARD TO ESTABLISH AN E911
SERVICE USER CHARGE OF UP TO AND INCLUDING FORTY CENTS
PER TELEPHONE SERVICE SUBSCRIBER LINE.
WHEREAS, in October of 1983, the 27 cities (including Wheat
Ridge) and fire protection districts within Jefferson County and
the County entered into an Intergovernmental Agreement to
implement an enhanced emergency telephone service system ("E911")
for the benefit of the people throughout Jefferson County; and
WHEREAS, pursuant to the terms of the Intergovernmental
Agreement, an emergency Telephone Service Authority Board
(hereinafter "Authority Board") was appointed to perform those
acts necessary for the provision and administration of the E911
system; and
WHEREAS, the Emergency Telephone Service Act, C.R.S.,
Sections 29-11-101, et seq., (hereinafter the "Act") authorizes
governing bodies to impose an emergency telephone charge upon
each exchange access facility (telephone service subscriber line)
to pay for the installation costs and the directly related costs
of the continued operation of the E911 service, which charge may
not exceed two percent of the service provider's tariff rate for
emergency telephone service within Jefferson County; and
WHEREAS, Mountain Bell, the service provider, has advised
the Authority Board that the two percent statutory maximum
established by Section 29-11-102(2), C.R.S., presently amounts to
a charge of approximately 454 per exchange access facility; and
WHEREAS, pursuant to the Authority Board's request, the
parties to the Intergovernmental Agreement previously authorized
the Authority Board to begin collecting a monthly charge of 174
per exchange access facility throughout Jefferson County to pay
for the costs of installing and operating E911; and
WHEREAS, the Authority Board has advised the parties to the
Intergovernmental Agreement that the 174 charge per exchange
access facility presently authorized is insufficient to pay for
the initial purchase of equipment, network services and continued
operation of the E911 system; and
WHEREAS, the Authority Board has also advised that it
believes that it is necessary that the power to raise and lower
the service charge, within certain limits, be delegated to the
Authority Board by the parties to the Intergovernmental Agreement
in order to enable the Authority board to properly, safely
and efficiently administer the E911 system within Jefferson
County; and
WHEREAS, the Authority Board has requested that the parties
to the Intergovernmental Agreement authorize the Authority Board
to impose and collect an emergency telephone charge per exchange
access facility, whenever and for such period of time as the
Authority Board deems appropriate, in an amount up to and
including 40~ per exchange access facility or two percent of the
tariff rate as defined in Section 29-11-102(2), C.R.S., whichever
at any point in time is lower, subject to the condition that
prior to establishing, raising or lowering the service charge the
Authority Board shall first give public notice of its intention
to change the rate in the official newspaper of the City of Wheat
Ridge, and hold a public hearing thereon at which any interested
person may be present and appear.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE AS FOLLOWS:
Section 1. The City Council of the City of Wheat Ridge,
Colorado, hereby delegates authority, and expressly authorizes,
the Jefferson County Emergency Telephone Service Authority Board
to impose and collect an emergency telephone charge as defined by
Section 29-11-101(1), C.R.S. in an amount of up to and including
either 40fi per telephone exchange access facility or two percent
of the service provider tariff rate as defined in Section
29-11-102(2), C.R.S., whichever is at any point in time the
lower, subject to the condition that prior to establishing or
raising or lowering such charge the Authority Board shall first
give public notice of its intent in the official newspaper of
the City of Wheat Ridge and hold a public hearing thereon at
which any interested person may be present and appear.
Section 2. This Ordinance supplements Ordinance 588, Series
of 1984, previously adopted by the City Council of this City, and
repeals and supercedes any provision of said Ordinance 588,
Series of 1984, inconsistent herewith.
Section 3. 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 4. 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.
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Section 5. This ordinance shall take effect 15 days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
8 to 0 on this 18th day of November , 1985,
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 December 9 , 1985, at
7:30 o'clock 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 7 to this Q*h day of
~eeembe
1985.
SIGNED by the Mayor on this 10th day of December
1985.
Frank Stites, Mayor
ATTEST:
Wanda Sang, Cit Clerk
1st Publication: 11/21/1985 APPROVED AS FORM BY
2nd Publication: 12/12/1985 OFFICE OF ! TY ATTOR'NFY:
Wheat Ridge Sentinel:
Effective Date: 12/27/1985 John E. Hayes
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