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Home My WebLink AboutR00-121 re-establishing charge for emergency telephone service0 1 Commissioner at i _ moved adoption of the follow' g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - RE- ESTABLISHING THE RATE OF CHARGE FOR EMERGENCY TELEPHONE SERVICE WHEREAS, C.R.S. § 29 -11 -101, et seq., provides that the County may incur any equipment, installation, and other directly related costs for the continued operation of an emergency telephone service, and may pay such costs by imposing an emergency telephone charge for such service; and WHEREAS, by Resolution No. 91 -9, the Board of County Commissioners of Eagle County, Colorado ( "the Board "), approved an intergovernmental agreement establishing the Eagle County Emergency Telephone Service Authority, and assessing a charge of Fifty -Five Cents ($.55) per month against each service user, excepting any state or local government entity; and WHEREAS, by Resolution No. 99 -179, the Board re- established the rate of charge for emergency telephone service maintaining the charge at a $.55 per month per service customer, excepting any state or local government entity rate; and WHEREAS, C.R.S. § 29 -11- 103(3) directs the Board to establish a rate of charge at least once per calendar year; and WHEREAS, the Emergency Telephone Service Authority Board recommends that the charge be established at a $.40 per month per service customer, excepting any state or local government entity rate; and WHEREAS, pursuant to the provisions of §29 -11- 104(4), C.R.S., a wireless carrier or BESP that provides wireless ALI or wireless ANI services shall be reimbursed by the Board for the costs incurred in making any equipment changes necessary for the provisions of emergency telephone service, subject to a contract between the wireless carrier and either the Eagle County Board of County Commissioners or the Eagle County Emergency Telephone Service Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds it is appropriate to establish a charge of $.40 per month per service customer, excepting any state or local government entity. T I r THAT, telephone (land line and wireless) service suppliers providing telephone service in Eagle County are hereby authorized to continue to collect an emergency telephone charge, in accordance with C.R.S. § 29 -11 -101, et seq., in the amount of Forty Cents ($.40) per month, upon all telephone access facilities within Eagle County (except as are already assessed a charge for participation in the Aspen/Pitkin County E -911). No such charge shall be imposed upon more than one hundred exchange access facilities or their equivalent per - customer billing. Such charge shall not be imposed upon any state or local governmental entity. , THAT, notice of such charge shall be given to telephone service suppliers by registered mail in accordance with C.R.S. § 29 -11- 103(3). THAT, pursuant to the provisions of § 29 -11- 104(4), C.R.S., a wireless carrier or BESP that provides wireless ALI or wireless ANI services shall be reimbursed by the Board for the costs incurred in making any equipment changes necessary for the provisions of emergency telephone service, subject to a contract between the wireless carrier and either the Eagle County Board of County Commissioners or the Eagle County Emergency Telephone Service Authority. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Co un of Eagle, State of Colorado, at its regular meeting held the QNM., day of 2000. ATTEST: WR1TW RA v • 1' i•. • W- 1 3 Z . County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS •1 C. Stone Chairman Y J o hnnette Phillips ommissioner^ 7 C; Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone Commissioner Phillips Commissioner Gallagher This Resolution passed by 3 .0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\Jackie\Reso\E911 change2000.wpd File No. 90 -50 t , - " - 0 G EAGLE COUNTY COUNTY ATTORNEY'S OFFICE P.O. Box 850 Eagle, CO 81631 970 - 328 -8685 Memorandum To: Board of County Commissioners From: Robert Loeffler Fax 328 -5219 Date: August 8, 2000 Re: Eagle County Emergency Telephone Service Authority - Emergency Telephone Service Charge You are required to approve each year the Emergency Telephone Service Charge, the fee which finances the 911 system which is charged to all telephone and wireless numbers. You see it on your phone bills. You are required to adopt a fee for the next fiscal year by September l ( §29 -11 -103). The maximum charge is 70 cents per number unless the PUC approves a higher charge. (Aside: The IGA does not explicitly leave it to this Board to set the charge but it does delegate to it approval of the Authority's budget as well as oversight over its expenditures. No other jurisdiction in the County actually sets a charge, although the law provides for each county and each city to adopt one and contribute the revenues to the operation of the system. We might clarify that if and when the IGA is ever amended. In the meantime, it seems reasonable to "carry on," setting the charge for the entire county, including the municipalities.) Eagle County's charge always has been 55 cents per number. Until last year, the charge applied only to land lines; with the introduction of "Phase I wireless enhanced 911 service," last year the charge also was applied to wireless numbers. The Emergency Telephone Service Authority has been reluctant to reduce the charge because the costs of upgrading the technology has been unknown. In the past few years, the quantity of telephone numbers being charged has grown significantly and in the last year the charge has been applied to all wireless numbers attributable to the service area as well. Considering what to recommend to you, and considering the budget to recommend, the Authority Board concluded that a 40 cent charge should cover, or nearly cover, its projected operating expenditures in 2001, with a sufficient fund balance to cover unanticipated grants and the reserve the Authority Board #t u feels obliged to maintain. The Authority Board feels obliged to either spend the moneys it has collected for the 911 system or reduce the charge; until the cost of technology upgrades can be better identified, it feels that it should not allow the fund balance to grow. Indeed, this budget is designed to gradually reduce the fund balance. The proposed 2001 budget is: charge revenues: $240,000 interest: 24,000 revenues 1264.0-00 addressing admire: $ 32,000 phone charges: $ 51,500 TOV personnel grant: $184,000 .expenses 1261500 The consequence of reducing the charge is that it may not be raised without an election. There is some debate whether the charge is a tax subject to TABOR voting requirements or a user fee. . There is no authority on the subject and there is no clear majority of those speaking their minds. It seems to be sound reasoning to view the charge as a user fee — which is not subject to the TABOR election requirement — because it is a per line charge to create a system enabling the use of the line for emergency communications. The charge revenues can only be used for the 911 system. It remains possible that should it prove necessary to increase the charge in a later year, someone would challenge the increase for violating TABOR. The Authority Board recommends you adopt an Emergency Telephone Service Charge of 40 cents per land and wireless number for fiscal (calendar) 2001. 2