HomeMy Public PortalAboutOrdinance #180
TOWN OF FRASER
ORDINANCE NO. 180
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN INTER-
GOVERNMENTAL AGREEMENT CREATING THE GRAND COUNTY EMERGENCY
TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND
OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTE~t WITHIN
GRAND COUNTY: AUTHORIZING THE IMPOSITION OF AN EMERGENCY
TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES
WITHIN THE TOWN OF FRASER: AND AUTHORIZING SERVICE
SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES.
WHEREAS, In the interest of protecting and preserving public
safety and welfare, it is desirable that the citizens of the Town
of Fraser, Colorado be provided with emergency telephone service
(hereinafter called "E91l") to aid the timely provision of
emergency service; and
WHEREAS, The Emergency Telephone Service Act, Section 29-11-
101, et. seq., Colorado Revised Statutes, as amended (hereinafter
called the "Act") authorized governing bodies to ,impose a charge
upon each exchange access facility (telephone ~ervice subscriber
line) to pay for the installation costs and the directly related
costs of the continued operation of an emergency telephone
service ("E9ll"): and
WHEREAS, U. S. West Communications has informed the Board
that a written request for E91l service must be received from an
emergency telephone service authority before work will begin on
the E9l1 system:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FRASER, STATE OF COLORADO, AS FOLLOWS:
1. That the Mayor is authorized to sign the attached inter-
governmental agreement creating the Grand County Emergency
Telephone service Authority in order to establish and maintain an
emergency telephone service system in Grand County.
2. That there is hereby imposed, pursuant to Section 29-11-
101, et. seq., Colorado Revised Statutes, as amended, upon all
telephone access facilities within the Town of Fraser an
emergency telephone charge in an amount not to exceed two (2)
percent of the tariff rates as approved by the Public utilities
Commission or fifty cents ($0.50) per month, whichever is less.
Upon recommendation of the Grand County Emergency Telephone
1
,
Service Authority, the Board may, by resolution, raise or lower
the emergency telephone charge, but in no event shall such charge
exceed the amount of two (2) percent of the tariff as approved by
the Public utilities Commission; and that
3. Telephone service suppliers providing telephone service
in the Town of Fraser are hereby authorized to collect the
emergency telephone charge imposed by this resolution in
accordance with Section 29-11-101, et. seq., Colorado Revised
Statutes, as amended.
4. This Ordinance shall not be effective until the inter-
governmental agreement creating the Grand County Emergency
Telephone Service Authority and concerning the implementation of
an emergency telephone service system is signed by representa-
tives of all parties to the agreement.
upon motion duly made and seconded, in open public meeting,
said Ordinance was duly approved and adopted this 18th day of
~S~~2~J______' 1989, by the Board of Trustees of the-Town of
Fraser.
votes in favor:
~
Votes opposed:
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Abstentions:
TOWN OF FRASER
ATTEST:
~~
Vi<:~JIa WInter, T~~n
Clerk
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GRAND COUNTY INTERGOVERNMENTAL AGREEMENT CONCERNING
THE IMPLEMENTATION OF AN II E911" TELEPHONE SERVICE
THIS AGREEMENT, made and entered into this ___ day of
, 1989, by and between the following pa=ties:
the Board of County Commissioners of the County of G~and, a
body politic and corporate hereinafter referred to as
"County": the Town of Winter Park, a municipal corporation,
hereinafter l:"Qf~rr-Qd to as "Winter park"; the Town of
Fraser, a municipal corporation, hereinafter referred to as
"F:r-aser"j the Town of Granby, a municipal corporation,
hereinafter referred to a "Granby"; the Town of Grand Lake,
a municipal corporation, hereinafter referred to as "Grand
Lake"j the Town of Hot Sulphur Springs, a municipal corpora-
tion, hereinafter referred to as "Hot Sulphur Springs"; the
Town of Kremmling, a municipal corporation, hereinafter
referred to as IIKrernmlingll; the East Grand Fire District #4;
the Grand Fire Protection District #1: the GraDd Lake Fire
Protection Districtj and the Hot Sulphur Springs-Parshall
Fire Protection District, all the above nam~d entities
within the State of Colorado.
WITNESSETH:
WHEREAS, pursuant to Article 11 of Title 29, Colorado
Revised Statutes, as amended, the above-listed parties are
delegated the power to enter into agreements for the purpose
of providing emergency telephone service; and
WHEREAS, Part 2 of Article 1 of Title 29, Colorado
Revised statutes, as amended, ~ncourages and authorizes
agreements of this nature; and
WHEREAS, it would serve the public welfare and be in
the best interest of all the above-referenced parties to
participate in the organization, administration and common
use of a central emergency telephone service authority; and
WHEREAS, the parties desire to enter into this Inter-
governmental Agreement for the following purposes: (1) to
establish a separate legal entity to be known as the "Grand
County Emergency Telephone Service Authority" (hereinafter
referred to as the "Authority") which shall be responsible
for administering the operation of the emergency telephone
service program; and (2) to define the manner in which each
of the parties will participate in the Authority:
NOW, THEREFORE, in consideration of the mutual cove-
nants hereinafter contained, the parties agree as follows:
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I. DEFINITlONS
The definitions for the terms "emergency telephone
charge", "emergency telephone service", "exchange access
facilitiesll, "governing body", "public agency", "service
supplier", "service user", and "tariff rates" as used in
this Intergovernmental Agreement shall be the same as the
definitions provided for those terms in section 29-11-101,
Colorado Revised statutes, as amended.
II. GENERAL PROVISIONS
The parties hereby support a separate legal entity to
be known as the "Grand County Emergency Telephone Service
Authority (hereinafter referred to as the "Authority") which
shall be responsible for administering the operation of the
emergency telephone service program as described below. The
operation of said emergency telephone service shall be as
herein set forth.
III. GRAND COUNTY EMERGENCY
TELEPHONE SERVICE AUTHORITY BOARD
The governing board for the Authority shall consist of
five (5) members to be appointed by the Board of County
Commissioners in the following manner:
1. One member shall be selected from a list of nomi-
nees submitted by the towns, but each one of the six towns
may submit no more than one nominee.
2. One member shall be selected from a list of nomi-
nees submitted by the fire protection districts, but each
one of the four fire protection districts may submit no more
than one nominee.
3. One member shall be selected to be representative
of Grand County Law enforcement, and may be either a member
of the county sheriff's department, a member of any munici-
pal police department in the county, or an officer or
dispatcher of the Colorado state Patrol.
4. One member shall be representative of Grand County
emergency medical s~rvices.
5. One member shall be selected solely at the discre-
tion of the Board of County commissioners. This member may
also be representative of one of the above four interests,
or may be a "lay" member of the community.
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6. All persons appointed shall serve at the pleasure
of the Board of County Commissioners, which shall also
designate the member to serve as the Authority President and
the member to serve as the Authority Secretary. The terms
of all members shall be two years and shall be staggered in
even and odd years. Upon creation of the Authority and
appointment of the first members from towns and fire protec-
tion districts, the initial appointment shall be for three
years, and thereafter, all appointments shall be for two
year terms. The remaining three members shall receive
initial appointments for two year terms. All members are
eligible for reappointment to successive terms on the
Authority Board and to successive terms as Officers of the
Authority Board.
7. Nothing in this section shall preclude either the
towns as a group, or the fire protection districts as a
group, from determining by a simple majority vote of all the
group's members, the entities'_ collective choice for ap-
pointment. Upon written notification to the Board of County
Commissioners of the majority's choice for appointment, the
County Commissioners shall make the appointments in accord
with the majority's choice.
IV. RULES AND REGULATIONS
The governing board for the Authority may pass supple-
mentary rules and regulations as it deems necessary, provid-
ed the supplementary rules and regulations are in compliance
with Articles 1 and 11 of Title 29, Colorado Revised stat-
utes, as amended, and this Intergovernmental Agreement.
V. POWERS OF THE AUTHORIT~
The parties hereto agree that the Authority shall be
empowered with the authority to contract by way of lease,
purchase or lease-purchase for the installation and opera-
tion of an emergency telephone service and may pay such
costs by collecting an emergency telephone charge for such
service in the service area which is within its jurisdiction
and authorized by the Intergovernmental Agreement. The
Authority is hereby authorized to collect an emergency
telephone charge as provided by 29-11-103(1), Colorado
Revised statutes, as amended, in an amount not to exceed the
lesser of Two Percent (2%) of the tariff rate or Fifty Cents
($0.50) per month for those portions of the service area for
which emergency telephone service is to be provided. The
funds so collected shall be spent solely to pay for (whether
by lease, purchase or lease-purchase) the equipment costs,
installation costs, costs directly related to the continued
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operation of an emergency telephone servlce and for the
monthly recurring charges billed by the service supplier for
the 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 under this Intergovernmental Agreement. Any funds
remaining in the account at year end shall be carried over
to the next succeeding year for the same purposes in supply-
ing emergency telephone service. If this agreement is ever
discontinued by all parties hereto, any balance in the
account shall be transferred to the general fund of the
public agencies on a proportionate basis as to the contribu-
tions made be each respective public agency.
In addition, the Authority may do any other act as may
be necessary for the provision of initial services and for
the continued operation of the emergency telephone service;
including, but not limited to the completion and maintenance
of the County mapping~addressing system, the ability to
negotiated with equipment vendors and service suppliers for
the purpose of obtaining the benefit of technological
developments which the Authority deems necessary to improve
or enhance the quality and efficiency of service to be
provided to the users.
VII. BUDGET AND OPERATING COSTS
If and when the Authority believes that funds for
administrative costs not paid by the emergency telephone
charge are necessary, it shall prepare a budget and submit a
budget request to the Board of county Commissioners by
September 15 of each year that this Agreement is in effect.
Unless agreed to by a majority of the Parties, the annual
budget of the Authority shall not exceed Two Thousand
Dollars ($~,OOO), plus the costs of an annual audit and
insurance and bonds. The Board of County Commissioners may
consider but is not obligated to fund the budget request in
the county's annual appropriation.
VIII. FUNDS AND OPERATIONS
The various monies paid into the Authority by the
parties hereto, for administrative costs pursuant to section
VII, shall be used by the Authority solely for administra-
tive costs. Further, the various monies paid into the
Authority pursuant to the uniform charge per exchange access
facility shall be collected by the service supplier and the
parties hereto shall have no obligation to collect this
uniform charge or to remit such monies to the Authority.
These monies shall be placed in a separate designated cash
fund and shall be paid from said fund only for, whether by
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way of lease, purchase, or lease-purchase, installation
costs, equipment costs, costs directly related to the
continued operation of an emergency telephone service, and
for the monthly recurring charges billed by the service
supplier for the emergency telephone service. The funds may
also be used to reimburse the Colorado Trust for all sums
advanced to the Authority by the Colorado Trust used by the
Authority for the purposes provided for in paragraph V of
this Intergovernmental Agreement.
No disbursement shall be made from the funds of the
Authority except by check and unless a verified claim for
services or commodities actually rendered or delivered has
been first submitted and approved for payment by the Author-
ity, said approval being evidenced by the President and
Secretary of said Authority.
Except for funds loaned to the Authority by the Colora-
do Trust or advanced to the Authority by th~ County, the
Authority shall not borrow money nor shall ,it approve any
claims or incur any obligations for expenditures unless
there is sufficient unencumbered cash in the appropriate
fund, credited to the Authority, with which to pay, or
repay, the same; or unless the Board of county Commissioners
by an action on the official record of its proceedings~
shall have agreed to act as surety or guarantor for such
payment or repayment.
The Authority may invest any funds paid into the
Authority only in accordance with any applicable laws of the
State of Colorado governing the investment of public funds.
No signator to this Agreement shall have any liability
to pay for any debt or other obligation incurred by the
Authority unless specifically appropriated and approved by
resolution or ordinance of the signator.
IX. 800KS AND RECORDS
The Authority shall maintain adequate and correct
accounts of their funds, properties and business transac-
tions, which accounts shall be open to inspection at any
reasonable time by the parties hereto, their attorneys, or
their agents. The Authority shall cause to be conducted an
annual audit, which audit shall be conducted by an indepen-
dent certified pUbliQ acco~ntant licensed to practice in the
state of colorado. The Authority shall file a copy of said
audit with the govecning bodies of the respective parties
hereto.
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PAI~E ell:,
Nothing in this section shall require the Authority to
independently keep its records and accounts (separate and
apart from the other records and accounts of Grand County),
nor to conduct its annual audit independently of the annual
Grand County audit, unless it shall choose to do so.
X. REPORTS
within ninety days after the end of each fiscal year,
the Authority shall prepare and present to the respective
town bOQ.Q~ of tru~teQ~/town council., board. of Qirector~
of the fire protection districts, and the Board of County
Commissioners, a comprehensive annual report of the Authori-
ty's activities and finances during the preceding year.
The Authority shall also prepare and present such
reports as may be required by law, regulation, or contract
to any authorized federal and/or state officials or to whom
such report is required to be ~ade in the course and opera-
tion of the Grand County Emergency Telephone Service Author-
ity.
The Authority shall also render to the parties hereto,
at reasonable intervals, such reports and accounting as the
parties hereto may from time to time request.
XI. TERMINATION OF AGREEMENT
A. This Agreement shall be in full force and effect
upon the execution of this Agreement by all parties listed
herein, and shall continue in fUll force and effect, subject
o amendments, or until sooner terminated by a majority of
the parties hereto.
8. Any party's participation in this Agreement may be
terminated by written notice from the party or parties to
the Authority at lease one hundred eighty (180) days prior
to January 1 of any given year. Upon termination such party
shall forfeit all right, title and interest in and to any
property acquired by the Authority.
C. Upon termination by mutual agreement of a majority
of the parties to this Agreement, the powers granted to the
Authority under this Agreement shall continue to the extent
necessary to make an effective disposition of the property,
equipment and monies required or held pursuant to this
Agreement.
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XII. AMENDMENT
This Agreement may be amended by the parties from time
to time, but any amendment shall be in writing and executed
by the majority of the parties hereto.
XIII. LrA~ILlrY Of 60AED Of OIRECTORSL
OFFICERS. AND EMPLOYEES
The members of the governing board for the Authority
and its officers shall not be personally liable for any acts
performed or omitted in good faith. The Authority may
purchase insurance to provide coverage for the governing
board members and the Authority against suit or suits which
may be brought against said members of the board or Authori-
ty involving or pertaining to any of their acts or duties
performed or omitted for the Authority in good faith.
The Authority may obtain a bond or other security to
guarantee the faithful performance of the duties of the
members of the Authority board.
XIV. 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 of application, and to this end the
provisions of the Agreement are declared to be severable.
IN WITNESS WHEREOF, the parties hereto have caused
their respective names and seals to be affixed hereto, as of
the day and year herein before Bet forth.
ATTEST:
Johnny Lou Pettey
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
COUNTY OF GRAND
by:
Deputy
Paul J. Ohri, Chairman
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TOWN OF WINTER PARK
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TOWN OF FRASER
ATTEST:
:Jit4tlt!tl., (J{1iL
To6'Clerk
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TOWN OF GRANBY
by:
ATTEST:
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Town Clerk
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EAST GRAND FIRE PROTECTION DISTRICT #4
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GRAND FIRE PROTECTION DISTRICT #1
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GRAND LAKE FIRE PROTECTION DISTRICT
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HOT SULPHUR SPRINGS-PARSHALL FIRE
PROTECTION DISTRICT
by:
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