OR 98-828 Emergency Telephone Service; imposing 9-1-1 service fees & authorizing contracts
ORDINANCE NO. 98828
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
CHAPTER 9 OF THE CODE OF ORDINANCES TO ADD NEW ARTICLE
9-21 EMERGENCY TELEPHONE SERVICE; ADDING DEFINITIONS
AND IMPOSING A 9-1-1 SERVICE FEE ON ALL 9-1-1 SERVICE USERS
WITHIN THE CITY TO BE USED FOR THE OPERATION AND
MAINTENANCE OF 9-1-1 SERVICE; AUTHORIZING THE MANAGER
OR DESIGNEE, TO EXECUTE A CONTRACT OR CONTRACTS WITH
9-1-1 SERVICE PROVIDERS FOR THE BILLING AND COLLECTING
OF 9-1-1 SERVICE FEES; PROVIDING FOR THE RESTRICTIONS ON
THE IMPOSITION OF 9-1-1 SERVICE FEES; PROVIDING A
REPEALING CLAUSE;. PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has established the telephone number 9-1-1 as a primary emergency
telephone number; and
WHEREAS, the City provides for operation of the 9-1-1 emergency service system in the
City; and
WHEREAS, there is a need to recover the costs associated with operation of the 9-1-1
emergency service system; and
WHEREAS, the City Council finds that a 9-1-1 service fee shall be imposed on service
users who are provided local exchange access lines or their equivalent as defined in this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be and the same
is hereby amended to add a new Article 9-21, to read as follows:
"ARTICLE 9-21. EMERGENCY TELEPHONE SERVICE
Sec. 9-21-1. DEFINITIONS
The following words, terms, and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
9-1-1 service means a telecommunications service through which the user
of a public telephone system has the ability to reach the City of Coppell's
public safety answering point by dialing the digits 9-1-1.
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9-1-1 emergency service 5ystem means a system of processing emergency
9-1-1 calls.
Service provider means an entity providing local exchange access lines
and/or equivalent local exchange access lines to a service user in the City of
Coppell.
Service user means a person or business entity that is provided local
exchange access lines or equivalent local exchange access lines in the City
of Coppell.
Local exchange access lines means all types of lines or trunks that connect
a service user to the service provider's local telephone exchange office.
Public safety an.~wering point means the City of Coppell communications
facility that (1) is operated continuously, (2) is assigned the responsibility
to receive 9-1-1 calls and to dispatch emergency response services directly
or to transfer or relay emergency 9-1-1 calls to other public safety
agencies, (3) is the first point of receipt by a public safety agency of a 9-1-1
call, and (4) serves the City of Coppell.
Sec. 9-21-2. 9-1-1 SERVICE FEE.
A. There is hereby imposed on each service user's local exchange
access line and equivalent local exchange access line in the City of
Coppell a 9-1-1 service fee of seventy-five cents ($0.75) per month
for each residential line, and for each business line; and one dollar
and twenty-five cents ($1.25) per month for each business trunk
line. Such 9-1-1 service fee shall be used only to provide for the
purchase, installation, operation, and maintenance expenses of 9-1-
1 service including required personnel.
B. The fee may not exceed six percent (6%) of the monthly base rate
in a service year charged a service user by the principal service
supplier in the City.
Sec. 9-21-3. EXECUTION OF CONTRACTS WITH 9-1-1 SERVICE
PROVIDERS
The City Manager or designee, is hereby authorized to execute a contract
or contracts on behalf of the City with any service provider, pursuant to the
provisions of this Article, to provide for the billing and collection of fees
imposed by the City pursuant to this Article.
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Sec. 9-21-4. RESTRICTIONS AND LIMITATIONS ON 9-1-1 SERVICE
FEE.
A. The 9-1-1 service fee imposed by this ordinance shall be subject to
the following restrictions and limitations:
(1) The 9-1-1 service fee may only be imposed upon service
users' local exchange access lines and equivalent local
exchange access lines.
(2) The 9-1-1 service fee may not be imposed upon more than
one hundred (100) local exchange access lines per service
user per location, or more than one hundred (100) local
exchange access lines for a single business entity at a single
location unless the lines or services are used by residents of
the location. The fee limitation of this section shall not
apply to equivalent local exchange access lines.
(3) The 9-1-1 service fee may not be imposed upon any coin
operated or coin-card reader operated telephone equipment.
(4) The 9-1-1 service fee shall be stated separately on each
service user's bill.
(5) The 9-1-1 service fee shall have uniform application within
the City limits.
(6) Each service provider not already remitting 9-1-1 service
fees should be advised in writing of the amount of the 9-1-1
service fee to be applied to each type of service at least
ninety (90) days prior to the first billing date.
B. Each service prorider will provide the City with a list of any service
users who have refused to pay the 9-1-1 service fee. This list shall
be provided a minimum of once per calendar year. No service
prorider will be obliged or authorized to take any legal action to
enforce the collection of any billed 9-1-1 service fee~ No service
prorider will disconnect any service user's telephone service for
failure to pay the 9-1-1 service fee.
C. Each service prorider will assess a 9-1-1 service fee to each service
user on a monthly basis and will remit the collected 9-1-1 service
fee to the City no later than sixty (60) days after the close of the
month in which such 9-1-1 service fees were assessed. Each
service prorider will retain from its remittance to the City two
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percent (2%) of the collected 9-1-1 service fees as its compensation
for performing its obligations under the contract. Each service
prorider shall complete a Remittance Report in the form provided
by the City, and the Remittance Report shall accompany the
remitted 9- l - l service fees.
D. Each service prorider will retain records of the amount of 9-1-1
service fees collected for a period not to exceed two years from the
date of collection. Should the City desire to audit the records of
collected fees from any service prorider, it may do so at the City's
sole cost and expense.
Sec. 9-21-5. Exemption.
All federal service users located in the City are exempt from the 9-1-1
service fee."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be
void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 4. That this ordinance shall take effect immediately from and after its passage and
the publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the / %//~ day of
/} ,. /1998.
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APPRO D:
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ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
(PGS/nunf/ul 4/8/98)
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