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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: --- Abstentions: TOWN OF FRASER ATTEST: ~~ Vi<:~JIa WInter, T~~n Clerk 2 o 'j, 1 1 1jj ;::: 1 t,. 1 1 'j 70;::;;3 7'j:N 7 TO!",II i C,F '~F'HIIE:,' F';.::.'~E 01 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: 1 0':3./11./1'3'3:3 L~,: it '3 7~J :::::::: 7 '3 3 ~ 7 TOI..,;r i I=;F I~P;:.:;tlE:'i F'AI~E 02 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. 2 I) '3 i' 11 ,/ 1 '3 '3 :::: 1 ~,: 1 1 '370::::3 7'j 3-17 TO,'.It I elF 1~F'At : E:;', " F'AI:.E O~: 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 3 ýÿ 1J'3/ 11./ 1 '3'3:3 1 t,: 11 '370:::::::: 7'3;: -l "7 TCII.'.It I CF I~F'Ar IB.... F'AI3E O-l 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 4 0'j,/11 13'3:3 1 t,: 11 '371=1::;:::;: 7'3 >.l 7 mv.ltl elF 1~F'At IE:.... F'AGE 05 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. 5 1)'3/11./ 1 '~'3:3 1 E,: 11 '~7iJ:3:::7'3 3-4"7 TCiI,".,iN 1=IF I~F'Ar IF,' 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. 6 ýÿ 0'3,/11./ 1'3'3::;: 16: 1 L '370::::3 7133J 7 TOl.'!~1 OF ';F'ArIE'i F'A'~E IJ 7 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 7 ýÿ 1)'3.'" 11.'" 1 '3'3::: 1 t,: 11 '370:::::: 7'3347 rm,nl elF I~F'At lE"i F'ACiE 0::: TOWN OF WINTER PARK /') // 7 by: ~-(j/); --;;;;;.~ i f r /'~ ?/ ATTEST: l is l .i" T'~;;::~t~~~ ; t 7'~-r (4'7<'_.0]/' ************************************************************ TOWN OF FRASER ATTEST: :Jit4tlt!tl., (J{1iL To6'Clerk ************************************************************ TOWN OF GRANBY by: ATTEST: ~ "-1-&"'- r 3 4u,-~-~, Town Clerk 8 ýÿ 03/11/1938 15:11 '370::::::: 7'3 34 7 TOlin: [IF '~F'AIIF,' F'A';E 10 EAST GRAND FIRE PROTECTION DISTRICT #4 il! ,,' ' ,rj /YUri{/ i 1., 1U~ 9 J,---uz/-J by: ********k*************************************************** GRAND FIRE PROTECTION DISTRICT #1 ~ . ~/ ~-,.-,M .;,;7 by. (/ ,.d; ._~rt-d:;~ . ,.,/ ***********************************~********************** <" , ,-,,,1'-(";1--: . GRAND LAKE FIRE PROTECTION DISTRICT :Z by: /,0'- , -. '7 <j' /''/ ,/ /..~.- . ,.'~:r.~~ ,'~~.~,..- ::~~.'.- ./.~,.,...._. . ************************************************************ HOT SULPHUR SPRINGS-PARSHALL FIRE PROTECTION DISTRICT by: 10 ýÿ