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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.