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HomeMy WebLinkAbout871393.tiff RESOLUTION RE: IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE COUNTY OF WELD; 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 COUNTY OF WELD. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado; and WHEREAS, in the interest of protecting and preserving public safety and welfare , it is desirable that the citizens of the County of Weld, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service, and WHEREAS, the Board of County Commissioners of Weld County finds that the County is lawfully authorized to impose a charge upon telephone subscribers with the County of Weld 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 County of Weld, and WHEREAS, the Board deems it advisable that such a system would be in the best interest of the citizens of the County of Weld. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO. 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 in the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. , as amended, upon 9fie)OOO_> 871393 Page 2 RE: EMERGENCY TELEPHONE SERVICE all telephone exchange access facilities within the County of Weld 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 County Commissioners 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 County of Weld are hereby authorized to collect the emergency telephone charge imposed by this Resolution in accordance with Colorado Revised Statutes , Section 29-11-101 , et. seq. , 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 4th day of November, A.D. , 1987 WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS f�'�� 7I; ATTEST: ml — Weld County lerk and Recorder Got cyt; 'C rman and Clerk to the oard �� BY Deputy CounClerk C .W irby, Pr Tem -- ene R. Brant PROV D_A O F, //7 \ \\ovum, County Attorney Ja. •ue /le ioh s.r Frank amaguchi 871393 INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD This AGREEMENT, made and entered into as of the 4th day of November , 1987 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 Page 1 of 9 Pages 871393 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; 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 871391 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 Board 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 pay 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 Page 3 of 9 Pages 8713n° 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 . TECHNICAI, 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 871393 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 charges 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 majority vote of the Authority Board. The Authority Board shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient anticipated unencumbered cash in the appropriate fund, credited to the Authority Board , with which to pay 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 3 133 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 by 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 8717O3Page 6 of 9 Pages 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. Page 7 of 9 Pages 87139:' 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 DUPIJCATE 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 671393 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 COU TY, OLORADO J BY: 7 1.7"Y Li ATTEST: Weld County Clerk and Recorder / and Clerk to the Board IBy; 7 nu( v . �y,� tt.?La,' D�puty County Clerk 871393 Page 9 of 9 Pages ‘to 1%, OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)_356-4000, EXT. 42CG I - - P.O. BOX 758 C1 GPEELEY,COLORADO 80632 COLORADO November 2, 1987 Dear : Please find enclosed a form [ordinance 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. Very truly yours, Gordon Lacy Chairman GL/ch Enclosure 871393 PARTIES TO 911 AGREEMENT FIRE AND AMBULANCE DISTRICTS: Ault/Pierce Fire District P.O. Box 463 Ault, CO 80610 Berthoud Fire District P.O. Box 283 Berthoud, CO 80513 Brighton Fire District 425 South Main Brighton, CO 80601 Dacono Fire District P.O. Box 40 Dacono, CO 80514 Eaton Fire District P.O. Box 582 Eaton, CO 80615 Galeton Fire District P.O. Box 697 Galeton, CO 80622 Frederick Fire District P.O. Box 129 Frederick, CO 80530 Ft. Lupton Fira District 1121 Denver Avenue Ft. Lupton, CO 80621 Hudson Fire District P.O. Box Seven Hudson, CO 80642 Johnstown Fire District P.O. Box "F" Johnstown, CO 80534 LaSalle Fire District P.O. Box 414 LaSalle, CO 80645 Longmont Rural Fire Department 9119 County Line Road Longmont, CO 80501 Milliken Fire District P.O. Box 58 �lS� Milliken, CO 80543 '' 1 9!$9 Nunn Fire District 487 Logan Avenue P.O. Box 128 Nunn, CO 80648 Pawnee Fire Protection District P.O. Box 67 Grover, CO 80729 Platte Valley Fire District P.O. Box 281 Kersey, CO 80644 Platteville Fire District P.O. Box 122 Platteville, CO 80651 Poudre Valley Fire District c/o Poudre Fire Authority 505 Peterson Ft. Collins, CO 80521 Raymer/Stoneham Fire District Box 92 New Raymer, CO 80742 S.E. Weld Fire District P.O. Box 5 Roggen, CO 80652 Tri-Area Ambulance District 350 Fourth Street P.O. Box 475 Frederick, CO 80530 Western Hills Fire District 1804 Cherry Avenue Greeley, CO 80631 Wiggins Fire District P.O. Box 333 Wiggins, CO 80654 • Windsor/Severance Fire District 728 Main P.O. Box 308 Windsor, CO 80550 MUNICIPALITIES: City of Brighton 425 South Main Brighton, CO 80601 67139,3 City of Dacono 512 Cherry Street P.O. Box 186 Dacono, CO 80514-0117 City of Evans 3700 Golden P.O. Box 59 Evans, CO 80620 City of Ft. Lupton 130 South McKinley P.O. Box 148 Ft. Lupton, CO 80621 City of Greeley 919 Seventh Street Greeley, CO 80631 Town of Ault 201 First Avenue P.O. Box 98 Ault, CO 80610 Town of Eaton 223 First Street P.O. Box 946 Eaton, CO 80615 Town of Erie 645 Holbrook P.O. Box 100 Erie, CO 80516 Town of Firestone 150 Buchanan Avenue P.O. Box 100 Firestone, CO 80520 Town of Frederick P.O. Box 435 Frederick, CO 80530 Town of Garden City 621 27th Street Road Greeley, CO 80631 Town of Gilcrest 380 8th Street P.O. Box 8 Gilcrest, CO 80623 Town of Grover P.O. Box 57 Grover, CO 80729 671393 Town of Hudson 609 Cedar Street P.O. Box 351 Hudson, CO 80642 Town of Johnstown 108 Charlotte Street P.O. Box 306 Johnstown, CO 80534 Town of Keenesburg 140 S. Main Street Keenesburg, CO 80643 Town of Kersey 332 Third Street P.O. Box 67 Kersey, CO 80644 Town of LaSalle 119 Main Street P.O. Box 717 LaSalle, CO 80645 Town of Lochbuie 0152 Poplar Route 4, Box 99 Lochbuie, CO 80601 Town of Mead 441 3rd Street P.O. Box 217 Mead, CO 80542 Town of Milliken 1109 Broad Street Lock Drawer 290 Milliken, CO 80543 Town of New Rayner 227 Baird P.O. Box 146 New Raymer, CO 80742 Town of Nunn 185 Lincoln Avenue Nunn, CO 80648 Town of Pierce 240 Main Avenue P.O. Box 57 Pierce, CO 80650 871393 Town of Platteville P.O. Drawer 70 Platteville, CO 80651 Town of Severance 336 S. 1st Street P.O. Box 122 Severance, CO 80546 Town of Windsor 301 Walnut Street P.O. Box 627 Windsor, CO 80550 LAW ENFORCEMENT AUTHORITIES: Beebe Draw Law Enforcement Authority c/o Clerk to the Board of County Commissioners P.O. Box 758 Greeley, CO 80632 COUNTY: Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 • 871393 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON • TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN ' AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF WHEREAS , in the interest of protecting and preserving public safety and welfare , it is desirable that the citizens of the Town of , Colorado , be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS , the Board of Trustees of the Town of , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of 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 Town of ; and WHEREAS , such a system would be in the best interest of the Town of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF , COLORADO. Section 1 . The Mayor 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 in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. 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 Town of , located 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 or $ . 50 (fifty cents) whichever is less . Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board 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. 871333 Section 3 . Telephone service suppliers providing telephone service in the Town of are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes , 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED this day of , A.D. , 1987 . Mayor ATTEST : Town Clerk PASSED, ADOPTED AND APPROVED this day of , A.D. , 1987 . Mayor ATTEST : Town Clerk APPROVED AS TO FORM: Town Attorney COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE CITY OF ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES ; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE CITY OF WHEREAS , in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the City of , Colorado , be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the City Council of the City of Colorado, finds that the City is lawfully authorized to impose a charge upon telephone subscribers with the City of 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 City of and WHEREAS , such a system would be in the best interest of the City of NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , COLORADO. Section 1 . The Mayor 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 in the County of Weld, Colorado to include the portions of this City lying within the County of Weld, Colorado. 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 City of , located 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 or $ . 50 (fifty cents) whichever is less . Upon recommendation of the Weld Emergency Telephone Service Authority, the City Council 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. 8'71393 Section 3 . Telephone service suppliers providing telephone service in the City of are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes , 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED this day of , A.D. , 1987 . Mayor ATTEST: City Clerk PASSED , ADOPTED AND APPROVED this day of , A.D. , 1987 . Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 871393 Hello