Resolution Number 89-05

A resolution of the Town of Deer Trail, Colorado authorizing the imposition A an emergency telephone service charge for the funding of the E911 telephone service system within Arapahoe County.  

Whereas, the Town of Deer Trail authorized the execution of an intergovernmental agreement establishing an E911 emergency telephone system within Arapahoe County:

Whereas,said intergovernmental agreement established the E911 Authority which has met and set an emergency telephone charge of 45 cents per month, which charge is not in excess of 2% of the tariff rate; 

Whereas,C.R.S. Section 29-11-102 (2) provides: (2) The governing body is hereby authorized, by ordinance...to impose such (emergency telephone) charge in an amount not to exceed 2 percent of the tariff rate on those portions of the governing body's jurisdiction for which emergency telephone service will be provided...; and

Whereas,the Board deems the funding of the E911 telephone system to serve the public health, safety and welfare.

Now, therefore be it ordained by the Town Board of the Town of Deer Trail, Colorado that. 

Section 1:

An emergency telephone charge of $”45 per month per exchange access facility is hereby imposed on all persons provided exchange telephone service within the Town of Deer Trail in accordance with C.R.S. 29-11-101, et. seg. Said charge shall be imposed on each exchange access facility, independent of type: provided however, that no such charge shall be imposed upon more than one hundred exchange access facilities per customer. Said charge shall be collected along with the charges for the tariff rate in accordance with the regular billing practice of the service supplier. For purposes of this ordinance, all terms shall have the same definition as the definitions provided in Section 29-11-102, C.R.S. Said charge shall be effective on March 1, 1989.

Section 2: 

Severability. If any part, section, subsection sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the resolution. The Town Board hereby declares that it would have passed the resolution including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid.

Section 3: 

Repealer. All resolutions or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.

Adopted this seventh day of March 1989.

Mark Dille, Mayor of Deer Trail 

Attest: Tam M, Intermill, Town Clerk