HomeMy WebLinkAbout880070.tiff RESOLUTION
IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON
TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT;
AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY
TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN
INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE
SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY
TELEPHONE SERVICE SYSTEM IN THE DISTRICT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS :
WHEREAS , in the interest of protecting and preserving
public safety and welfare, it is desirable that the citizens of
the District be provided with emergency telephone service to aid
the timely provision of emergency service; and
WHEREAS , the Board of Directors finds that the Beebe Draw Law
District is lawfully authorized to impose a charge upon
telephone subscribers with the District and to authorize
telephone service suppliers to collect said charge , and to enter
into an agreement with the governing bodies of other public
agencies pursuant to Colorado Revised Statute Sections 29-11-101
and 29-1-201 et. seq. , as amended, in order to establish and
maintain the emergency telephone service system within the
District; and
WHEREAS , such a system would be in the best interest of the
District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS .
Section 1 . The Chairman is authorized to sign the attached
intergovernmental agreement creating an emergency telephone
service authority in order to establish and maintain an
emergency telephone service system for that portion of the
District located within Weld County.
Section 2 . There is hereby imposed, pursuant to Colorado
Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon
all telephone exchange access facilities within that portion of
the District within Weld County, an emergency telephone charge
in an amount not to exceed 2% ( two percent) of the tariff rates
as approved by the Public Utilities Commission. Upon
recommendation of the emergency telephone service authority, the
Board of Directors may, by Resolution, raise or lower the
emergency telephone charge, but in no event, shall such charge
exceed the amount of 2% (two percent) of the tariff as approved
by the Public Utilities Commission.
Section 3 . Telephone service suppliers providing telephone
service in the District are hereby authorized to collect the
emergency telephone charge imposed by this resolution in
580010
N yY.'a
accordance with Colorado Revised Statutes , 29-11-101 et . seg. ,
as amended and to provide those funds to the Weld Emergency
Telephone Service Authority as provided in the intergovernmental
agreement.
Section 4 . This resolution shall not be effective until
the intergovernmental agreement creating the emergency telephone
service authority and concerning the implementation of an
emergency telephone service system is signed by representatives
of all parties to the agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
January , A.D. , 1988 .
c.
`n a Chairman Pro tent
s✓ 2
ATTEST: 4
By / �,J / l ly u.,-,c4j
l K
880070
INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE
WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
This AGREEMENT, made and entered into as of the 27th day
of January , 1988 ,by and between the undersigned County,
Municipal Corporations , and Special Districts
WITNESSETH:
WHEREAS, pursuant to Article 11 of Title 29 , C.R.S . , as
amended the undersigned County, Municipal Corporations , and
Special Districts are delegated the power to enter into
agreements for the purpose of providing 911 emergency telephone
service; and
WHEREAS, Part 2 of Article 1 of Title 29 , C.R.S . , as
amended, encourages and authorizes agreements of this nature;
and
WHEREAS, it would serve the public welfare and be in the
best interest of all of the undersigned County, Municipal
Corporations , and Special Districts to participate in the
organization, administration and common use of a central 911
emergency telephone service authority board; and
WHEREAS , the parties desire to enter into this
Intergovernmental Agreement for the following purposes : (1) to
establish a separate legal entity to be known as the "Weld 911
Emergency Telephone Service Authority Board" (hereinafter
referred to as the "Board" which shall be responsible for
administering the operation of the 911 emergency telephone
service program; and (2) to define the manner in which each of
the parties will participate in the Board; and
WHEREAS , it is the intent of the parties , as soon as it is
technically and financially feasible, to commence installation
of an enhanced 911 system which will include jurisdictions
currently not receiving 911, service and provide improved
response capability to those ` jurisdictions on the current
service.
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows:
I . DEFINITIONS
The definitions for the terms "911 emergency telephone
charge" , "911 emergency telephone service" , "exchange access
facilities" , "governing body" , "public agency" , "service
supplier" , "service user" , and "tariff rates" as used in this
Intergovernmental Agreement shall be the same as the definitions
l2.J fl( D70
fl
Page 1 of 9 Pages
provided for those terms in Section 29-11-101 , C.R.S . , as
amended.
II . GENERAL PROVISIONS
The parties hereby establish a separate legal entity to be
known as the "Weld 911 Emergency Telephone Service Authority
Board" (hereinafter referred to as the "Authority Board") which
shall be responsible for administering the operation of the 911
emergency telephone service program as described. The operation
of said 911 emergency telephone service shall be as herein set
forth.
III . WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
The Authority Board shall consist of seven (7) members to
be selected in the following manner:
1 . One member shall be selected by the County
Commissioners to represent law enforcement from a list
of nominees submitted by cities and towns , except the
City of Greeley and City of Ft. Lupton, but each such
entity may submit no more than one nominee for each
vacancy;
2 . One member shall be selected by the County
Commissioners to represent fire protection services
from a list of nominees submitted by special districts
providing fire protection and municipal fire
departments, except the City of Greeley and City of
Ft. Lupton, but each such entity may submit no more
than one nominee for each vacancy;
4
3 . One member shall be selected by the County
Commissioners to represent emergency medical services;
4 . One member shall be ,selected from the City of Greeley
by the Greeley City Council;
5 . One member shall be selected from the City of Ft.
Lupton by the Ft. Lupton City Council;
6 . One member shall be selected from members of the Board
of County Commissioners by the Board of County
Commissioners;
7 . One member shall be selected by the County Sheriff.
8 . Members may be appointed to serve a consecutive term
•
on the Authority Board, but no member shall serve for
more than two (2) consecutive terms . The terms of all
Page 2 of 9 Pages BSOO7O
members shall be two (2) years and shall expire on the
second Tuesday of January.
9 . Nothing in this section shall preclude either the law
enforcement agencies or Special Districts and
municipalities providing fire protection from
determining by a simple majority vote of all those
nominating entities , the entities ' choice (s) for
appointment for the law enforcement and fire
protection positions . Upon written notification to
the County Commissioners of the majority ' s choice (s)
for appointment, the County Commissioners shall make
the appointments in accordance with the majority' s
choice(s) .
IV. RULES AND REGULATIONS
The Authority Board may pass supplementary rules and
regulations as it deems necessary provided the supplementary
rules and regulations are in compliance with Articles 1 and 11
of Title 29 , C.R.S . , as amended, and this Intergovernmental
Agreement. The Authority Poard shall not be in conflict nor
attempt to set operating procedures or policies for city, town,
fire protection district, fire department, police department,
sheriff department, or any county operated entity.
V. POWERS OF THE CORPORATION
The parties hereto agree that the Authority Board shall be
empowered with the authority to contract for the installation
and operation of an 911 emergency telephone service and may pav
such costs by collecting an emergency telephone charge for such
service in the service area which is within the jurisdiction and
authorized by this Intergovernmental Agreement and by ordinance
or resolution of the respective parties hereto. The Authority
Board is hereby authorized to collect an emergency telephone
charge as imposed by the governing bodies of the respective
parties in an amount not to exceed two percent ( 2%) of the
tariff rate in those portions of the service area for which 911
emergency telephone service is to be provided. The funds so
collected shall be spent solely to pay for the installation
costs and for the monthly recurring charges billed by the
service suppliers for the 911 emergency telephone service. The
funds so collected shall be credited to a cash fund separate and
apart from the general fund of any of the public agency parties
or the Authority Board under this Intergovernmental Agreement.
Any funds remaining in the account at years end shall be carried
over the the next succeeding year for the same purposes in
supplying 911 emergency telephone service. If the 911 emergency
telephone service is ever discontinued, any balance in the
account shall be transferred to the parties to the agreement, on
El%970
Page 3 O£ 9 Pages
a proportionate basis , based on main telephone station access
lines within that agency' s jurisdictions .
In addition, the Authority Board may do any other act as
may be necessary for the provision of initial services and for
the continued operation of the 911 emergency telephone service
including, but not limited to , the ability to negotiate with
equipment vendors and service suppliers for the purpose of
obtaining the benefit of technological developments which the
Authority Board deems necessary to improve or enhance the
quality and efficiency of 911 service to be provided to the
users.
VI . TECHNICAL ADVISORY COMMITTEE
The Authority Board may create a technical committee from
entity representatives . The committee shall serve in an
advisory capacity to the Authority Board.
The committee shall make recommendations regarding the
design, equipment selection, installation, maintenance and
issues directly related to the continued operation of the 911
emergency telephone service . These recommendations shall be
based upon the needs of the entities hereto.
This committee has no authority to incur any expense nor
the commitment of any funds associated with the equipment costs ,
installation costs , or any other costs related to the 911
emergency telephone service.
VII. BASIS FOR CONTRIBUTION AND CHARGES TO BE
IMPOSED BY THE AUTHORITY BOARD
The parties hereto agree that the basis for contribution
and charges to be imposed on "service users" shall be in
accordance with the provisions governing the same in Sections
29-11-101 et. seq. , C.R.S . , as. amended. The parties agree that
the Authority Board may request 'from the service suppliers those
figures required to impose a contribution or service charge and
to make a determination of the contribution or service charge
based on those figures . The parties further agree whenever
those figures are required for any contribution or service
charge , the figures used shall be the most recent available at
the time such figures are needed, unless otherwise specified
herein.
VIII . 911 SYSTEM OPERATING COSTS
The monies paid into the Authority Board pursuant to the
emergency telephone charge shall be placed in a separate
designated cash fund with the County Treasurer and shall be paid
Page 4 of 9 Pages f•�
,.aF30970
from said fund only for system operating costs . System
operating costs shall be defined as installation costs ,
equipment costs , repair and maintenance costs , and for the
monthly recurring charces billed by the service suppliers of the
911 emergency telephone service .
No disbursement shall be made from the funds of the
Authority Board except by check or warrant and unless a verified
claim for services or commodities actually rendered or delivered
has been first submitted and approved for payment by the
Authority Board, said approval being evidenced by the President
and Secretary of said Authority Board, or by maiority vote of
the Authority Board.
The Authority Board shall not borrow money nor shall it
prove any claims or incur any obligations for expenditures
unioss there is sufficient anticipated unencumbered cash in the
appropriate fund , credited to the Authority Board, with which to
nay the same .
The County Treasurer may invest any monies paid into the
Authority Board fund only in accordance with any applicable laws
of the State of Colorado governing the investment of public
funds .
IX. BUDGET
The Authority Board shall prepare annually a budget in
accordance with the Local Government Budget Law of Colorado.
Each year in which the Authority Board believes funds for
operating costs in excess of revenues anticipated from the
emergency telephone charge are necessary, it shall prepare a
budget and submit a budget request to the Board of County
Commissioners by July 1 of each year that this Agreement is in
effect. The Board of County Commissioners shall consider
funding the budget request in the County' s annual appropriation.
Should funding from the Board of County Commissioners not
be forthcoming, or if any funding so provided shall be deemed
insufficient by the Authority Board, the Authority Board may
then present its request to the parties hereto who shall
consider the budget submitted and determine a basis for
contributing to the budget request at that time; however, no
party may be obligated for the payment of any monies in excess
of the funds generated by the uniform service charge without its
written approval.
X. BOOKS AND RECORDS
Weld County, under direction of the Authority Board, shall
maintain adequate and correct accounts of the Authority Board ' s
Page 5 of 9 Pages 880070
funds , properties and business transactions, which accounts
shall be open to inspection at any reasonable time by the
parties hereto, their attorneys, or their agents. The County
shall cause to be conducted an annual audit, which audit shall
be conducted b:, an independent Certified Public Accountant
licensed to practice in the State of Colorado. The County shall
provide a copy of said audit to the Authority Board and to the
governing bodies of the respective parties hereto upon request.
XI . REPORTS
' Within thirty (30) days after the end of each fiscal year
as designated by the Authority Board, the Authority Board shall
prepare and present to the respective City Councils , Town Boards
of Trustees , Board of Directors of the Special Districts , and
County Commissioners of Weld County, a comprehensive annual
report of the Board ' s activities and finances during the
preceding year.
The Authority Board shall also prepare and present such
reports as may be required by law, regulation or contract to any
authorized federal and/or state agency or to whom such report is
required to be made in the course and operation of the Weld 911
Emergency Telephone Service Authority Board.
The Authority Board shall also render to the parties
hereto, at reasonable intervals , such reports and accounting as
the entities hereto may from time to time request.
XII . DEFAULT IN PERFORMANCE
In the event any party fails to pay its share of the
administrative or operating costs then due, or to perform any of
its covenants and undertakings under this Agreement, the
Authority Board shall cause written notice of the Authority
Board' s intention to terminate said Agreement as to such party
• in default to be given to that party' s governing body unless
such default is cured within thirty (30) days from the date of
such notice. Upon failure to cure said defaults within said
thirty (30) day period, the membership in the Authority Board of
the defaulting party shall thereupon terminate and said party
shall thereafter have no voting or nominating rights as a member
of the Authority, nor be entitled to representation on the
Authority Board, and said party shall thereafter be denied
service by the Authority Board.
Furthermore, any party who is terminated under the
provisions ' of this Section of the Agreement shall forfeit all
right, title and interest in and to any property of or within
the Agreement to which it may otherwise be entitled upon the
dissolution of this Agreement. This article is not intended to
Page 6 of 9 Pages 880070
limit the right of any party under this Agreement to pursue any
and all other remedies it may have for breach of this Agreement.
XIII . TERMINATION OF AGREEMENT
A. This Agreement shall be in full force and effect upon
the execution of this Agreement by all of the parties listed in
attachment "A" hereto, and the parties entering into this
Agreement shall have the option to continue this Agreement,
subject to amendments, or until sooner terminated by a majority
of the parties hereto.
B. Any party' s participation in this Agreement may be
terminated by written notice from the party or parties to the
Authority Board at least one hundred eighty ( 180) days prior to
January 1 of any given year. Upon final termination of
participation, such entity shall forfeit all right, title and
interest in and to any property, monies , and equipment acquired
by the Authority Board.
C. Disbanding of the Authority Board shall only be by
mutual agreement of a majority of the parties to this Agreement.
In the event of disbanding, the powers granted to the Authority
Board under this Agreement shall continue to the extent
necessary to make an effective disposition of the property,
equipment and monies held pursuant to this Agreement . The
property, equipment and monies , upon disbanding, shall be
distributed according to the following priorities : (1) If any
public entity possessing the appropriate authority indicates an
intent to continue 911 service county-wide , then all property,
monies , and equipment shall go to said entity; (2) Any entities
intending to provide 911 service in a portion of the County
shall receive a share based upon the percentage of the
County-wide telephone accesses to be served; (3) If no entity
intends to continue 911 service, then monies , equipment, and
property shall be returned to the parties to the Agreement at
the time of disbanding in proportion to their contribution
during the duration of the Agreement.
D. In the event that any party hereto elects to terminate
its participation in this Agreement prior to the end of any
period of this Agreement not in accordance with subsection B of
this section, that any such entity shall be considered in
default of this Agreement and, accordingly, shall immediately
forfeit its entire interest in the 911 emergency telephone
service.
XIV. AMENDMENT
This Agreement may be amended by the parties from time to
time , but any amendment shall be in writing and executed by all
the entities hereto.
r
Page 7 of 9 Pages ~so ryo
XV. LIABILITY OF BOARD OF DIRECTORS , OFFICERS AND EMPLOYEES
The Authority Board as an entity shall indemnify and hold
harmless individual members of the Authority Board and officers
of the Authority Board from claims or judgments of third parties
resulting from acts and omissions attributable to the good faith
performance of the work of the Authority Board. The County, as
part of its contribution to the Authority, shall purchase
insurance to provide coverage for the governing board members
and the Authority Board against suit or suits which may be
brought against said members of the board involving or
pertaining to any of their acts or duties performed or omitted
in good faith for the Authority Board.
The County may obtain a bond or other security to guarantee
the faithful performance of the duties of the members of the
Authority Board.
XVI . NOTICE
Any notice required to be given under this agreement shall
be deemed to be made by dispatch of a register or certified
letter, return receipt requested to the address of the entity
below stated or as may be amended by notice to each of the other
parties .
XVII . SEVERABILITY CLAUSE
If any provision of this Agreement or the application
hereof to any party or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of
the Agreement which can be given effect without the invalid
provision or application, and to this end the provisions of the
Agreement are declared to be severable .
XVIII . CHOICE OF LAW AND VENUE
This agreement shall be interpreted in accordance with the
laws of the State of Colorado and Venue shall be proper for any
dispute arising out of this agreement in the District Court in
and for the County of Weld.
XIV. EXECUTION OF DUPLICATE ORIGINALS
Execution of this Agreement shall be by execution of a
separate duplicate original by each of the parties hereto.
• Page 8 of 9 Pages 880070
Execution shall not be effective until the originals are filed
with the Clerk to the Board of County Commissioners , P.O. Box
758 , Greeley, Colorado 80632 . Said Clerk will provide notice
to the parties when execution by all parties is complete under
XIII A.
IN WITNESS WHEREOF, the parties hereto have caused their
representatives to affix their respective signatures hereto , as
of the day and year hereinafter set forth.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: Cgi �
Chairman"Pr -
ATTEST: �'�"n�c,<dh,G-(2,��n�
Weld County Clerk and Recorder
and Cleric to the Board
BY: '\,}
eputy County lerk
BEEBE DRAW yLAW AUTHORITY BOARD
BY: A 77.) /:4.�Gsf
Chairman pro fem/
SUBSCRIBED AND SWORN to before me this 27th day of
January, 1988.
WITNESS my hand and official seal.
(7
Lam_ A U�.4i
Notary Publ ',
915 Tenth St.
My commission expires : 8/7/89 Greeley, CO 80631
880070
Page 9 of 9 Pages
NOTICE
Notice is hereby given that a Special Meeting of the Beebe Draw
Law Authority Board will be held at or about 9 :00 a.m. on
Wednesday, January 27 , 1988 . Said meeting will be held in the
Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Centennial Center, 915 10th Street, Greeley,
Colorado, for the purpose of considering a resolution and
intergovernmental agreement for the creation of the Weld 911
Emergency Telephone Service Authority Board.
ssoc7O
• ,
, ,,,\,,, ,,rilli OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)356-4000, EXT 4200
P.O.BOX 758
C. GREELEY,COLORADO 80632
Ilia
COLORADO
November 2, 1987
Beebe Draw Law Enforcement Authority
c/o Clerk to the Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Dear Chairman and Board of Directors:
Please find enclosed a form resolution and intergovernmental agreement for
the creation of the Weld 911 Emergency Telephone Service Authority Board.
These documents will create an authority to run the system and authorize
collection of a service fee from telephone customers to finance installation
and maintenance of the system. Agreement and participation by your entity
is critical to the creation of a County-wide state of the art emergency
telephone service.
The agreement has been approved by the Weld County Communications Advisory
Board, the Board of County Commissioners will approve the agreement on
November 4, 1987, and a number of entities have signed letters of intent to
participate.
Please have the documents reviewed and acted upon within 60 days if at all
possible. Should you have particular concerns or be interested in meeting
with other jurisdictions and representatives of Weld County and Mountain
Bell to discuss the system, please call Debbie Boeck at 356-4000, Extension
4861 and she will see that you get the information you need.
Thank you for your attention to this matter.
a-
Gor
rChairman
GL/ch
Enclosure
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