HomeMy WebLinkAbout08063ORDINANCE NO. 8063
AN ORDINANCE AMENDING THE EMERGENCY TELE-
PHONE CHARGE FOR EMERGENCY TELEPHONE
SERVICE, CONTINUING THE EMERGENCY TELEPHONE
CHARGE FUND, AND ESTABLISHING A BUDGET FOR THE
USE OF THOSE FUNDS IN 2010
WHEREAS, the City of Pueblo has available in conjunction with the telephone
service providers for use of its citizens 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- 100.5, et seq., C.R.S., the City Council of
the City of Pueblo is authorized to assess an emergency telephone charge for such
emergency telephone service ( "emergency telephone charge "); and
WHEREAS, pursuant to H.B. 08 -1249, emergency telephone charges may now
be assessed to persons who are provided interconnected voice - over - internet- protocol
service ( "VOIP ") in Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
that:
SFrTinN 1
The City Council does hereby adopt the budget attached hereto for City's fiscal
year 2010 expenditures, authorized by Article 11 of Title 29, Colorado Revised Statutes
(2007).
SECTION 2
The City Council does hereby find and determine that: (a) the current emergency
telephone charge for emergency telephone service is adequate to fund the payment of
equipment costs, installation costs, and directly - related costs of the continued operation
of an emergency telephone service including payment of the monthly recurring charges
of service providers, reimbursement of costs of wireless carriers and basic emergency
service providers for provision and transmission of wireless AN1 and AL1, 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, (b) continuation of
the emergency telephone charge and continued operation of an emergency telephone
service will promote the public health, safety and welfare, and (c) the emergency
telephone charge should be applied to users of interconnected VOIP in order to fund
payment of costs related to providing emergency telephone service to users of VOIP.
SFrTin i
Effective January 1, 2010, the emergency telephone charge imposed by
Ordinance No. 6644, as amended by Ordinance No. 7471, is hereby amended to
seventy cents ($.70) per month per exchange access facility, wireless communication
access and interconnected VOIP service in those portions of the City of Pueblo's
jurisdiction for which emergency telephone service will be provided.
SECTION 4
The emergency telephone charge established and imposed by this Ordinance
shall be collected by the service providers from all service users with the first billing
period of each service user on or following January 1, 2010.
SECTION 5
The rate of emergency telephone charge established and imposed by this
Ordinance shall be a continuing charge during calendar year 2010 and each calendar
year thereafter unless the City Council by Resolution adopted no later than September
1 of any calendar year establishes a rate of charge which is less than the rate of charge
established and authorized by this Ordinance.
SFrTinN F
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 §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 budget
attached hereto which may be ratified or amended by the Annual City Budget adopted
by the City Council.
SECTION 7
The officers of the City of Pueblo are authorized and directed to take all action
necessary, appropriate or required to effectuate the provisions of this Ordinance.
SECTION 8
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 9.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: August 24, 2009
BY: Judy Weaver
COUNCILPERSON
APPR D' } �,
PRESIDENTaf Cfty Council
A77TSTED DY:
CITY CLERK
PASSED AND APPROVED: September 14, 2009
M "
e
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # S -2
DATE: August 24, 2009
DEPARTMENT: POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
AN ORDINANCE AMENDING THE EMERGENCY TELEPHONE CHARGE FOR
EMERGENCY TELEPHONE SERVICE, CONTINUING THE EMERGENCY
TELEPHONE CHARGE FUND, AND ESTABLISHING A BUDGET FOR THE USE OF
THOSE FUNDS IN 2010
ISSUE
Should the E911 surcharge be applied to interconnected voice - over - internet- protocol
(VOIP) service?
RECOMMENDATION
Staff recommends adoption of the Ordinance.
BACKGROUND
H.B. 08 -1249 has authorized E911 governing bodies to apply the E911 charges to
service users on interconnected voice - over - internet- protocol services located within the
governing body's jurisdiction. In order to implement the legislative charge within Pueblo,
the accompanying Ordinance should be adopted.
FINANCIAL IMPACT
Adoption of the Ordinance may slightly increase the amount of E911 charges remitted
to City which would be available beginning January 1, 2010 to fund E911 services.