HomeMy WebLinkAboutordinance.council.002-90
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ORDINANCE NO. cJ
(Ser1es of 1990)
AN ORDINANCE IMPOSING AN EMERGENCY 'l'ELEPHONE CHARGE UPON TELE-
PHONE EXCHANGE ACCESS FACILITIES i'IITH THE CITY OF ASPEN; AU-
THORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE
CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL
AGREEI1ENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN
ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE
SYSTEM IN THE CITY OF ASPEN.
WHEREAS, 1n the interest OL protect1ng and preserv1ng publ1C
safety and welfare, 1t 1S desirable that the c1t1zens of the City
of Aspen, Colorado, be prov1ded w1th emergency telephone service
to a1d the timely prov1s1on of emergency service; and
lrJHEREAS, the C1ty Counc1l of the C1ty of Aspen, Colorado
f1nds that the City is lawfully author1zed to 1mpose a charge
upon telephone subscr1bers W1 thin the C1 ty of Aspen, Colorado,
and to author1ze telephone serV1ce suppl1ers to collect sa1d
charge, and to enter 1nto an agreement w1th the govern1ng bod1es
OL other publ1C agenc1es pursuant to Colorado Revised Statutes,
Sect10n 29-11-101, et ~., 1973, as amended, 1n order to estab-
11Sh and ma1nta1n the emergency telephone serV1ce system w1th1n
the C1ty of Aspen; and
WHEREAS, such a system would be 1n the best 1nterest of the
cit1zens of the C1ty of Aspen.
NOlrJ, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
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Sect10n 1
The Mayor 1S author1zed to slgn the attached 1ntergovern-
mental agreement creat1ng an emergency telephone serV1ce auth-
or1ty 1n order to establ1sh and ma1nta1n an emergency telephone
serV1ce system 1n the County of P1tk1n, Colorado.
Sect10n 2
There 1S hereby 1mposed, pursuant to Colorado Rev1sed
Statutes, Sect10n 29-11-101, et ~., 1973, as amended, upon all
telephone exchange fac111t1es w1th~n the C1ty of Aspen an emer-
gency telephone charge 1n an amount not to exceed two (2) percent
of the tariff rate or f1fty (50) cents, whichever 1S less, as
approved by the Publ1C Ut1l1t1es Comm1ss10n. Upon recornrnendat10n
of the energency telephone serV1ce author1ty, the C1ty Counc1l
may, by resolut10n, raise or lower the emergency telephone
charge, but 1n no event shall such charge exceed the amount of
two (2) percent of the tar1ff or fifty (SOl cents, whichever 1S
less, as approved by the Publ1C Ut111t1es Cornrn1ss10n.
Sect10n 3
Telephone serV1ce suppl1ers prov1d1ng telephone service 1n
the C1ty of Aspen are hereby author1zed to collect the emergency
telephone charge 1mposed by this ord1nance 1n accordance W1 th
Colorado Rev1sed Statutes, Sect10n 29-11"101, et ~., 1973, as
amended.
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Sect10n 4
Th1S ord1nance shall not be effect1ve unt11 the 1ntergovern-
mental agreement creating the emergency telephone serV1ce author-
ity and concern1ng the 1mplementat10n of an emergency telephone
serVlce system 1S slgned by representatives of all part1es to the
agreement.
Sect10n 5
If any sect10n, subsect10n, sentence, clause, phrase or
portlon of thls ord1nance 1S for any reason helcl 1nvalid or
unconstitut10nal in a court of competent ]ur1sd1ct10n, such
portlon shall be deemed a separate, dist1nct and 1ndependent
proV1s10n and shall not affect the val1d1 ty of the remain1ng
port1ons thereof.
Sect10n 6
Noth1ng 1n th1s ord1nance shall be construed to affect any
r1ght, duty or 11ab111ty under any ordlnances 1n effect pr10r to
the effective date of th1s ordlnance, and the same shall be
cont1nued and concluded under such pr10r ord1nances.
Sect10n 7
A publ1C hear1ng on
day of 4~A-tlJ'1'
Aspen City Hall, Aspen,
the /:<
the ord1nance shall be held on
19 i'o, in the C1ty Council
Chambers,
Colorado.
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C1ty of Aspen on
prov1ded by law
the c:z;;;lc( day of
the
INTRODUCED, READ AND ORDERED PUBLISHED as
by
the City Counc11 of
9IU('(l)y , 1990.
ATTEST:
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Kathryn S.~och, Clty Clerk
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~llam L. St1r~~ng, Mayor
FINALLY adopted, passed and approved th1s ,'~:11f-1'---Qay of
;fJ:)C)vU--IL~Lt, 19 90.
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Ka~hryn ~VKoch, C1ty Clerk
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Wlll1am L. St1rl1ng, Mayor
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