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Home My WebLink About09864 ORDINANCE NO. 9864 AN ORDINANCE AMENDING THE EMERGENCY TELEPHONE CHARGE FOR EMERGENCY TELEPHONE SERVICE, CONTINUING THE EMERGENCY TELEPHONE CHARGE FUND, AND DIRECTING USE OF THE STATEWIDE 9-1-1 SURCHARGE AND PREPAID WIRELESS CHARGE WHEREAS, the City of Pueblo has implemented for use by its citizens, in conjunction with telephone service providers, a telephone system utilizing the single three-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations (“emergency telephone service”); and WHEREAS, pursuant to section 29-11-100.2 et seq., C.R.S., the City of Pueblo is authorized to impose an emergency telephone charge for such emergency telephone service (“Emergency Telephone Charge”) and to receive certain funds collected by the State of Colorado to assist in providing emergency telephone service; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council does hereby find and determine that: (a) the current Emergency Telephone Charge for emergency telephone service is inadequate to fund the payment of equipment costs, installation costs, and directly related costs for the continued operation of an emergency telephone service, including payment of migration costs for the new Emergency Services IP-Network (“ESInet”), payment of the monthly recurring charges of service providers, reimbursement costs of wireless carriers and basic emergency service providers for provision and transmission of wireless ANI and ALI, costs related to provision of the emergency notification service, total implementation costs including costs for programming radios and emergency training programs, and personnel expenses necessarily incurred for the public safety answering point; and (b) that an adjustment of the Emergency Telephone Charge and continued operation of an emergency telephone service will promote and is necessary for the public health, safety, and welfare. SECTION 2. The Emergency Telephone Charge is hereby amended to one dollar seventy-two cents ($1.72) per month per 911 access connection, as defined by section 29-11-101, C.R.S., upon each service user whose address is within the City of Pueblo’s jurisdiction and to whom emergency telephone service is provided. SECTION 3. The Emergency Telephone Charge established and imposed by this Ordinance shall be collected by the service supplier from all service users with the first billing period of each service user on or following June 1, 2021. City staff are directed to provide notice to service suppliers of the new Emergency Telephone Charge at least sixty (60) days prior to said effective date. SECTION 4. The rate of Emergency Telephone Charge established and imposed by this Ordinance shall begin on June 1, 2021, continue for the remainder of the 2021 calendar year, and continue each calendar year thereafter. At least once per calendar year, if the amount of the Emergency Telephone Charge per month per 911 access connection remains the same or is reduced, City Council will establish said amount by Resolution. Any increased rate of charge is not to exceed the threshold amount established by the Colorado Public Utilities Commission (“PUC”) for the following year pursuant to 29-11-102, C.R.S., is to be effective February 1 or June 1 of said following year, as applicable, and is to be approved by Ordinance. If the amount of the Emergency Telephone Charge is changed from a prior amount, the City will notify service suppliers as required by law. SECTION 5. Pursuant to Section 7-21 of the Charter of the City of Pueblo, the Special Fund known as the “Emergency Telephone Charge Fund” held separate and apart from the general fund of the City of Pueblo is hereby continued. All funds collected from the Emergency Telephone Charge imposed by this Ordinance shall be credited to the Emergency Telephone Charge Fund for payments pursuant to section 29-11-104(2), C.R.S. Funds on deposit in the Emergency Telephone Charge Fund are hereby continuously appropriated for said payments and may be expended in accordance with the annual City Budget adopted by the City Council. SECTION 6. City staff are directed to keep a record of the use of all funds collected from the Emergency Telephone Charge. City staff are directed to keep on file with the PUC an accurate and current description or GIS data set representing the boundaries of the City of Pueblo, and to comply with other annual reporting requirements established by the PUC. SECTION 7. The State of Colorado will impose a statewide 9-1-1 surcharge (“911 Surcharge”) effective January 1, 2021, pursuant to section 29-11-102.3, C.R.S, on service users in an amount to be established annually by the PUC. Remittances of the 911 Surcharge to the PUC are collections for local governing bodies, not general revenues of the state, and are held in trust in the State 911 surcharge trust cash fund. The PUC will establish a formula for distribution of the money from the 911 Surcharge to governing bodies, and City staff are directed to assist the PUC by providing the number of concurrent sessions maintained by the City of Pueblo and any other information required by the PUC in calculating the City of Pueblo’s share of the 911 Surcharge. SECTION 8. The portion of the 911 Surcharge the PUC transmits to the City of Pueblo shall be credited to the Emergency Telephone Charge Fund for payments pursuant to section 29-11-104, C.R.S. Funds on deposit in the Emergency Telephone Charge Fund are hereby continuously appropriated for said payments and may be expended in accordance with the annual City Budget adopted by the City Council. SECTION 9. The State of Colorado will impose a statewide prepaid wireless 9-1-1 charge (“Prepaid Charge”) effective January 1, 2021 pursuant to section 29-11-102.5, C.R.S. Remittances of the Prepaid Charge to the Colorado Department of Revenue (“Department”) are collections for local governing bodies, not general revenues of the state, and are held in trust in the prepaid wireless trust cash fund. The PUC will establish a formula for distribution of the money from the Prepaid Charge to governing bodies, and City staff are directed to assist the PUC by providing the City’s total 911 wireless call volume and any other information required by the PUC in calculating the City of Pueblo’s share of the prepaid charge. SECTION 10. The portion of the prepaid charge the Department transmits to the City of Pueblo shall be credited to the Emergency Telephone Charge Fund for payments pursuant to section 29-11-104, C.R.S. Funds on deposit in the Emergency Telephone Charge Fund are hereby continuously appropriated for said payments and may be expended in accordance with the annual City Budget adopted by the City Council. SECTION 11. Any other charge or fee provided by the State of Colorado and transmitted to the City of Pueblo for the purpose of providing emergency telephone service shall be credited to the Emergency Telephone Charge Fund for payments pursuant to section 29-11-104, C.R.S. Funds on deposit in the Emergency Telephone Charge Fund are hereby continuously appropriated for said payments and may be expended in accordance with the annual City Budget adopted by the City Council. SECTION 12. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the provisions herein. SECTION 13. If any provision of this Ordinance shall be determined to be invalid, inoperative, or unenforceable, such determination shall not affect any other provision or provisions of this Ordinance or render same invalid, inoperative, or unenforceable to any extent whatsoever. SECTION 14. This Ordinance shall become effective immediately upon the date of final action by the Mayor and City Council. Remainder of page intentionally left blank Signature page to follow Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 28, 2020. Final adoption of Ordinance by City Council on January 11, 2021 . President of City Council Action by the Mayor: ☒ Approved on January 13, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 28, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Kim Jeffries, Dispatch Manager Troy Davenport, Chief of Police Trevor Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING THE EMERGENCY TELEPHONE CHARGE FOR EMERGENCY TELEPHONE SERVICE, CONTINUING THE EMERGENCY TELEPHONE CHARGE FUND, AND DIRECTING USE OF THE STATEWIDE 9- 1-1 SURCHARGE AND PREPAID WIRELESS CHARGE SUMMARY: Attached for consideration is an Ordinance amending the emergency telephone charge for emergency telephone service, continuing the Emergency Telephone Charge Fund, and directing use of the statewide 9-1-1 surcharge and prepaid wireless charge. PREVIOUS COUNCIL ACTION: On January 22, 2001, City Council passed Ordinance No. 6644, imposing an emergency telephone charge for emergency telephone service and creating the Emergency Telephone Charge Fund. On May 22, 2006, City Council passed Ordinance No. 7471, amending the emergency telephone charge for emergency telephone service, continuing the Emergency Telephone Charge Fund, and establishing a budget process for the use of those funds in 2007. On September 14, 2009, City Council passed Ordinance No. 8063, amending the emergency telephone charge for emergency telephone service, continuing the Emergency Telephone Charge Fund, and establishing a budget process for the use of those funds in 2010. BACKGROUND: The City of Pueblo collects and utilizes an emergency telephone charge to provide 9-1-1 services to its citizens. The maximum rate of the emergency telephone charge is set by the Colorado Public Utilities Commission (“PUC”) and has been capped at seventy cents ($0.70) since 1990. The City of Pueblo has been collecting the emergency telephone charge of seventy cents ($0.70) from telephone service providers since 2006. In July of 2020 the state legislature amended section 29- 11-100.2 et seq., C.R.S., to allow the PUC to annually update the threshold for the emergency telephone charge. After examining the rate of inflation and the increased costs of providing services, the PUC set the new threshold beginning January 1, 2021 at one dollar seventy-two cents ($1.72). The new legislation and increased threshold are in large part being driven by the statewide migration to the new Emergency Services IP-Network (“ESInet”) provided by CenturyLink. The PUC has approved an exclusive tariff for CenturyLink which requires all 9-1-1 service providers within the State, including the City of Pueblo, to migrate to ESInet. After migration to ESInet, the City estimates that the recurring monthly charge will increase from approximately $2,205 to $6,017, an annual increase of approximately $45,753. The new emergency telephone charge will help to defray the costs of the ESInet migration and regular provision of emergency telephone service, and the new charge is not to increase general revenue. The City will also receive funds from the State per the amended section 29-11-100.2 et seq., C.R.S., including from a statewide 9-1-1 surcharge and a prepaid wireless 9-1-1 charge. FINANCIAL IMPLICATIONS: Adoption of the Ordinance would increase the amount of E911 charges remitted to the City in line with inflation and increased costs, which would be available beginning June 1, 2021 to fund E911 services, including additional ESInet costs. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the City of Pueblo will not retain enough funds to provide its citizens with emergency telephone service and complete the ESInet migration. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance, Public Utilities Commission Decision No. C20-0690