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OR 2012-1326 Emergency Telephone ServiceORDINANCE NO. 2012 -1326 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COPPELL CODE OF ORDINANCES BY AMENDING CHAPTER 9, "GENERAL REGULATIONS" BY AMENDING ARTICLE 9 -21, "EMERGENCY TELEPONE SERVICE ", AMENDING SECTION 9 -21 -1 "DEFINITIONS "; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell desires to provide safe and responsible emergency service; and; WHEREAS, emergency telephone service requires specific definitions and conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 "General Regulations" of the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended by amending Article 9 -21, `Emergency Telephone Service ", by amending Sec. 9 -21 -1 "Definitions ", which shall read as follows: "CHAPTER 9. GENERAL REGUALTIONS. 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. Local Exchange Access Line or Equhalent Local Exchange Access Line mean the Page 1 physical voice grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities, owned, controlled, or relied upon by a service provider, between an end user customer's premises and a service provider's network that, when the digits 9 -1 -1 are dialed, provides the end user customer access to a public safety answering point through a permissible interconnection to the dedicated 9 -1 -1 network. In the case of multi- channel services or offerings, channelized by a service provider, each individual channel provided to an end user customer shall constitute a separate "local exchange access line" or "equivalent local exchange access line" (e.g., ISDN -PRI service consists of 24 individual channels.) The terms "local exchange access line" or "equivalent local exchange access line" include lines as defined above that a service provider offers at a fully or partially discounted rate from the provider's base rate to a class of end users (e.g., the service provider's employees/retirees). Such discounting is not a basis for eliminating or reducing the 9 -1 -1 emergency service fee on such lines, except in the instance of an Emergency Communication District imposing its 9 -1 -1 emergency service fee based on a percentage in lieu of a flat rate. local exchange access line or equivalent local exchange access line do not include coin - operated public telephone equipment, public telephone equipment operated by card reader, commercial mobile radio service that provides access to a paging or other one -way signaling service, a communication channel suitable only for data transmission, a line from a telecommunications service provider to an Internet service provider for the Internet service provider's data modem lines used only to provide its Internet access service and that are not capable of transmitting voice messages, a wireless roaming service or other nonvocal commercial mobile radio service, a private telecommunications system, or a wireless telecommunications connection subject to Texas Health and Safety Code §771.0711. A service provider using one or more facilities with multiple calling capabilities to serve a single end user customer location that cannot determine the actual number of local exchange access lines or equivalent local exchange access lines being served by such facilities (e.g., Enterprise Voice over Internet Protocol applications), shall assess the 9 -1 -1 emergency service fee as follows: Where the number of 9 -1 -1 capable telephone numbers (TNs) is: The Midpoint (MP) is: The applicable formula is: MP -10 /4 +10 Number of Fees to be Remitted 1 -10 # of TNs 11 -20 15 11 11 21 -40 30 15 15 41 -60 50 20 20 61 -80 70 25 25 81 -100 90 30 30 The applicable formula is: [(MP- 10)/3] +10 101 -125 113 44 44 126 -150 138 53 53 Page 2 151 -175 163 61 61 176 -200 188 69 69 201 -250 225 82 82 251 -300 275 98 98 301 -400 350 123 123 401 -500 450 157 157 501 -600 550 190 190 601 -700 650 223 223 701 -800 750 257 257 801 -900 850 290 290 901 -1000 950 323 323 SECTION 2. That should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 3. That the Code of Ordinances of the City of Coppell, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Coppell, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2000) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the laws and charter in such case provide. Page 3 DULY APPROVED AND PASSED by the City Council of the City of Coppell, Dallas County, Texas on the �' day of ATT T: HRISTEL PETTMOS, CITY SEC TARY n 1 Page 4