HomeMy WebLinkAbout2001 Ordinance No. 011I
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ORDINANCE NO . j/_
SERIES OF 2001
BY AUTH ORITY
COU NCIL BILL NO . 10
INTRODUCED BY COUNCIL
MEMBER GARRET!'
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
E ITLED "FIRST AMENDED INTE RGOVERNMENTAL AGRE EMENT FOR THE
ESTABLISHMENT OF AN EMERG ENCY COMMUNICATIONS SERVICE
AUT HORITY" BETWEEN BENNE'M' FIRE PROT ECTION DISTRICT , TOWN OF
BO W MAR, BYERS FIRE PROTE CTION DISTRICT, SOUTH METRO FIRE RE SCUE,
CITY OF CENTENNIAL, CITY OF CHE Y HI VILLAGE , COLUMBINE
VALLEY, CUNNI GHAM FIRE PROTE CTIO DISTRICT. TOWN OF DEER TRAIL,
DEER TRAJL FIRE PROTECTION DISTRICT, CITY OF FOXFIELD , CITY OF
GLENDALE, CITY OF GREENWOOD VILLAGE , CITY OF LITTLETON ,
LITTLETON FIRE PR OTECTION DISTRICT , PARKER FIRE PROTECTION
DISTRICT , SABLE-ALTURA FIRE PROTECTION DISTRICT , CITY OF SHERIDAN,
SKYLI NE FIRE PR OTECTION DISTRICT , ST RASBUR G FIRE PR OTECTION
DI ST RI CT AND THE CITY OF ENGLEWOOD, COLORADO PERT NINO TO THE
ARAPAHOE COUNTY E-91 I EMERGENCY TELEPHONE SERVI f?: AUTHORITY .
WHEREAS , in 1988 the parties entered into an in te rg ovemmen agreement (IGA)
for the establishm ent of th e Emergency Telephone Service Authority which es tablished
the Arapahoe County E-9Jl Emergency Telephone ~ervice Authori ty ; and
WHEREAS . in 1988 the IGA was en te red irito punu.ant to the authority granted by
Section 29 -1-203 , C.J:<.S. and Section 29-11-104 (1), C.R.S.; and
WHEREAS , due to changes in fact, circumstances, technology B.IJd the law since the
parties entered into the 1988 IGA, the parties to this intergovernmental agree ment
wish to ame nd the 1988 !GA to comport with Colo rado law and carry out the purp osea
and intentione of the parties to the agreeme nt; and
WHEREAS, thia Agree ment establishes a separate legal entity kn .own as the
"Arapa hoe County E-911 Emergency Communications Service Authority" as an
enterpriae, the authority is exempt from all reven ue a nd spending limits imposed by
Amendmen t 1, and shall be responsible for administering the installation. op eration,
maintenance, upgrade and enhanceme nt of emergency com municatione servi.ces to the
pa rties of thia agreement;
OW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOO D. CO LORADO , AS FOLLOWS :
Sm::ilim..l . The gFirst Amended lntergovemmental Agreement For The
Establishment Of An Eme rge ncy Communications Service Authority" attached hereto
as "Exhibit A." is he reby accepted and a pproved by the City Co unc il of the City of
Engle wood , Colorado .
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~-The Mayor ie authorized to execute and the City Clerk to attest and al
the "Firet A.mended [ntergovernmental ACffement For The Eetabliahmem Of An
Emergency Communications Service Authority" for and on behalf of the City of
Englewood, Colorado.
Introduced, read in full , and passed on firgt readin g on the 511, day of March, 2001 .
Published as a Bill for an Ordinance on the 9ia day of March, 2001.
Read by titlL u d passed on final reading on the 19th day of March, 2001.
Published by title as Ordinance No . /}_, Seriee of 2001, on the 23rd day of
March, 2001.
I, Loucrishia A-Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the hove and foregoing ia a true copy ofthe Ordinan a ■sed on final reading
nod published by title as Ordinance o. JL. Series or 20
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FIRST AMENDED INTERGOVERNME'.'IT.U .>,GREEMENf FOR THE
EST . .\BUSHMENf OF A.t'I H 1£ERGE~CY CGMMUNICATIONS SERVICE. .-\lJTHORITY
This First Amended Intergovernmental . .\greem ent fo1 the Establishment of an
Emergency Communications Service . .\uthority (the "Agreement ') i.s made and entered into
this ____ day of ---~ 2000, by and between the following p!!bllc entities
which shall collectively be referred to as the "Parties ." or individually as a "Contracting Party":
AR..\.PAHOE COL"NTY, a body corporate and politi c ("County"); BEL ·ETT FIR£ PROTECTlO t.
DISTRI CT, a Spe cial District ("Bermett'); TOWN OF BOW MAR, a municipal corporatio n
("Bow :Viar"); BYERS HRE PROTECTIO . DISTRJCT, a Special District ("Byers "); SOUTH yfETRO
FlRE RESCUE, a public entity ('Sou th Metro"); CIT OF CEiVTE:."li'llAL, a municipal
corporation ("Centennial"); CITY OF CHERRY HILLS VILL.\GE, a municipal corporation
("Ch erry Hills "); COL IBI. iE V . ..\LLEY, a munic ipal corporation ("Columbine Valley ');
CU iNrNGHAM FIRE PROTECTJO .• DISTRICT , a Special District \"Cun ningh am"); TO\.~ OF
DEER TRAIL, a municipal corporation ("Deer Trail"); DEER TR.All FIRE PROTECTIO ..
DISTRICT, a Speci al District ("Deer Trail Fire'); CITY OF E::-.iGLEWOOD , a mun icipal
corporation ("Englewood"); CITY OF FOXFIELD, a mun icipal co rp oration !"Foxfteldn ); CIW
OF GLE:,.,;DALE, a muni cipal corp oration ("Glendale"); CITY OF GREE:S."\VOOD \.lLL..\GE , a
municipal co rpor.i ti on ("Gr ee n wood Village "}; CITY OF LITTLETOt-.. a municipal corporatior.
("Little ton·); LITTLETON FIRE PROTECT IO!'s DISTil CT. a Sp ec:aJ District l"Littleton Fire ··'t;
PAR KE R FffiE PROTECTIO1'i DISTRICT , a Special District ("Parker "); SABLE-. ..\L TliR.l. F!R£
PROTECTIO 1 DISTRICT, a Sp eci al Distr ict ("Sable-Altura '); CITY OF SHER!D A;,.i, a muni ci pal
corpora tion ("She:idan '); Sl<YLl:-."E F!Rf ROTECT!O:-S DISTR ICT , a Specia l Dist ri ct ("Sk :Hn e"';
and STR..\SBfj RG FIRE PROTECTIO , ISTR CT , a Speaal District ("Str:isburg'\.
WID1SSETH:
WHERE..\S. pursuant to §29 --10·-H lJ of the Colorldo Re vi sed Statutes (C.R.S.J, as
amended. the Parties are authorized to enter into agreements for the purpose of pr o..,iding
emergency communications services; an d ,
WHERE..\S . the Colorado Constitution. -vdc!e XIV , Se ction 18 and §_9-l-201 , C.R.S. ~
~-pr0\ide for an d encourage polit !cal subdi\isions of the Stace of Colora do to make the
most dficient and effective use of the ir powers and responsibilities b~-coope ra ting and
contracting with e:ich other ; and
WHERE..\S , §29 -1-203 . C.R .S .. a!. "· .!ld ed. authorizes any politica l su bdivision or
agen cy of the St.Jte of Color;ido o cooperate or contr.ic l\ith one another to pro..,1de any
function , sel'\,ice . or facility lawfully authorized to each of the cooperating or contracting
enti ties . including the sharing of costs, impo sit!o n of axes. or incur ri ng of debt.
lrVHERE..l.S . in 1988 the P:irn es entere-: ·r. o the Inter go vernmental . .\g re ement for
Em.b lish ment of the Emer gency T dephone Se~:1 ce Authority (th e • t 988 !G . .l. ') wh ich
e.scab li shed the . .l.r:ipahoe County E-911 Emergency Telephone Sel'\,ice . .\uthonry. The 198 8
IG . .\ was entered into pursuant to the author ity gr::inted by §29-1-203 . C.R.S . and §29-1 1-
10-l(l ), C.R.S.
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WHER£.-l.S, due to changes in fact, circumstances, technology and the law since the I
parti es entered into the 1988 IGA, the Parties to this Agieement wish to amend the 1988 IGA
to comp~~ with Colorado law and carry our the pu.zposes and intentions of th Parties to this
Agreement.
WHERE.l.5. the Parties intend by entering in to this /-greement that the Authority
hereby created shall fall within the definition of a 'public entity• under the Colorado
Go vernmental Immunity .J,.ct , §24-10-101. C.R.S., and a "nonprofi t organization• under th e
Volunteer Service Act§§l3-2 1-ll5 .S, 13-21-115 .7 and 13 ·2 1-1 16, C.R.S.
WHER£.-l.S , the P:uties recognize that by entering into this Agreement the Authority
hereby created sh aU be, and shall o pe rate , as an enterprise within the meaning of Artide X,
Section 20 2) d) of the Co lorado Constitution (" Amendment l "). As an enterprise, the
Authority shall oe exempt from all re venue and spending lim its imposed by Amendment I.
WHERE.l.5 . the Parties recognize tha t by entering into this Agieement the Authori ty
here by cre.1ted shall be , and shall operate as. an enterprise within the meaning of Artide ,
Secion 20l-Hd) of the Colorado Co nstitution ("Amendment l "). As an enterprise, the
A thority is t.,:e. pt from all revenue and spending limjt s imposed by Amendment 1.
;,;ow, TriEREFORE, in consideration of the mutual promises and covenants con tained
herein . the Parties agree as follows:
I. SU PERS EDING ;U.L PRIOR J..GREE:\IPID
Tr ~ Parties agre e that, up on e."<ecution , this Agr eemen t supersedes all pnor
representations and un ders tand ings betw ee n the ?mies , whether written or oral , including
but not limited to the 1988 IGA.
11 . DEFJl'IIIDQNS
The de il:titioas for the terms 'emergency telephone charge,· "emergency te lephone
service: ·exchange access fudllties ,' "governing boc!y ," 'publi c agency ,' "servic~ supplier,'
"ser,.ice user ." ·wireless communications access ." and ""-i reless carrier' as used in this
Agteernenr shall be the same as the de:inijons fo r those terms set forth in ~29-11-100.5 ,
C.R.S . as amended .
Tne term ·emergency commun icaoons se~ices · shall me.1n any form of emerge ncy
communication which the Authority facilitates or pro"ides to the Parties , and includes but is
not limited to , emergency telephone ser.-1ces , wireless communications access, and other
de\·eloping tec.tmologies used for commun icatio ns purposes.
Ill. EST AP,-\HOE COLNIY E-911
HIERGE S SERvJCE ,\tITHORITY
The P.1rt:es hereb~· establish a separ:ite lega l entity to be known as the "Arapahoe
County E-9 11 Emergency Commumc:itions Ser.i ce . .\uthority" (the "Authority ") which shall
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be responsible for ad.ministering the installation , operation. maintenance, upgrade and
enh.anc nt of emergency communications services to the Parties.
The . ..\uthority is a nonprofit public entity establ ished pursuant to §29-1-203, C.R.S.
and §29-11-100.5, C.R.S ., tt ~-and in conformance with the Colo rado Governmental
lmmurti •. -\.ct, §2~1 0-101 C.R.S., ti~-an d the Voluntee r SeMce Act §§13 -21-115.5, 13-21 -
115 .i and 13-21-116, C.R.S. The Authority is also operated as an enterprise within the
meaning of . ..\rtid e X, Sectio n 20(2)(d) of the Colorado Constitution.
The Parti es agr ee tha t the Authority is an i.1de pendem legal en tity, separate and
dl5tin ct fr om the Parties and the!r res pective members , but swpect to their ownenhlp and
control. The boundari es of th e Parties an d theu respective membe.rs, as they ma from time
to time be c.'langed, shall co mp nse th e jurisdlction of the . .\uth oriry .
. ESTc\BLISID1EXX: OF Al[TH ORITY BQ:IBP
1. Gov erning Board . The Authority shall be governed by a Board of Dire ctors
(the •Board"), which Board shall have the power to pe.--fo rm all acts necessary , whether
express or implied, to fulfill th e p se, and to prO\i de the fun □ons, services and faci liti es .
fo r whic.'l th e Aut hori ty was formed.
2. Composition of the Board . Th e Board sh.ill consist of fl ·e (5 members to be
se lected in the following manne::
a. Two members shali be selected bv the Countv Commissioners to
re?:>resem law enforcem ent. fr om a list of nominees · submitted bv· cities, tow ns :md the
Counry Sheriff. but each such entity may submit no mo re than 'one nom inee for each
V:lC.!nC?;
b. Two members shall be selected b\· the Countv Commissioners to
re;:;res,mt fire protection and emergency medic,JJ° ser-ic~s from a list of nominees
su bmmed by fire protection districts an d are departmer:cs . buc each such en ti ty ma~-
su bmic no more than one nominee for each vacancy ;
c. One membe:-shal l be se!eaed by the Board oi County Commissioners :
d. Members m:i.y be appointed to !.er,;e consecutive term s on the Board.
The ,enns of all members shall be for cwo (2) years and shall be staggered !n even and
odd ~-ears . One member fr o m law enforcement and one member fr om fire protection
and e!llergency medical ser,.ices shall be appointed to the :erms oi office co mmencing
in even vears , the other member of law enforcement and the other member of fire
pr otec"Jon and !!merger:cy medi c:il sef'\i c s shall be a;,pmmed for the erms of office
car.:::1!!r.c:ng in odd ye:i.rs : :ind ,
e. Each member of the Board shall se:-.,.e withcut compensation .
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3 . Voting md Quorum. Each member of the Board shall have one (1) vote . A ,
quorum of the Board shall consist of three (3 ) memben , e.'<cept that, should there be three (3)
or more vacancies at any time, then , during that time only a quorum shall consist of two
members. o official actio n may be taken by the Board on any matter unless a quorum is
present The affirma tive vote of a maj ority of the Board members present at the time of the
vote shall be requ ired for the Board to take any action .
4 . Bylaws. The Board shall ado pt Bylaws as necessary for the conduct of the
Authority so long as such Byla ws are no t in conflict with the provisions of this Agreement, or
Federal or State law . The Bylaws shall lndude, but are not limited co , procedures for
appointment of officers of the Board as necessary to condu ct the affairs of the Authori ty and
shall contain provisions al lo wing fo r amendment of such Bylaws .
S. Meetings .
a. The Board shall hold a regul ar meeting everv rwo months , at such time
an d place as the Authority shall decide and may , upon the call of the Ch ai rper son or
of any three (3) Boa rd members , hold special meetings . .¾ly regu lar meeti ng ma y be
canceled by a simple ma jori ty of the Board , or by the Chairperson for good cause .
b. All regular meeti ng s and spec:al meetings held by th e Board and an~·
sub com mitt ee meetings of the Board whe re pub lic business is discussed or at whic:i
formal acti on may be taken, shall be subject to the Col o rado Sunsh ine A oi 19~::!.
pursua nt to C.R.S. 2+-6-401 ~ gg., as amended . '.'iotice of all regul ar me eting s and
sp ecial meetings shall inclu de the meeting age!lda and shall be posted in one (l, or
more publi c places as the Board may designat e: fro m time to time no les s than r.vemy-
four (24 ) hour s prio r to the meeti ng. The posti ng shal l incl ude specific agenda
informati on where possible.
c. Th e Boa rd sholl keep minu tes of its ;iroceed mgs sh o1 ing the pre se!1c~
or .1bs enc e of elch !lo.:.::'. :r.e!!ll:e: ar.d :r.e vote of e:i ch membe r upon e ·ery motion .
Failure to vote and an y abst entions sh all be ::aced in the minu tes .
V. POWERS OF THE A.LTHO RID' BOARD
I. Plen ary Powers . E:c ce pc as othe n ,i se li mi ed b~· this ..\greeme :1t , the
Authority, in itS own name and as pro \i ded here in, shall exercise all powers lawfu ll~·
au thorize d b, the P:1rti es pursuant to §29-L-203 C.R.S . and §29 -11 -100 . .5 , C.R .S., el .&Q .. as
ame nded. inc uding all inc idental , implied , expressed or such och er powers as necess.:uy to
e.'<ecute the purposes of this Agreement. The A thority shall act through its Borud . officers
and age nts as auth orized by this . ..\greement and the B~·l aws 3n d Rul es :ind Re gulations of the
Authority . The . ..\uthonty shall not have the powe r to levy ta."<es on its O\ n behal f or on
behalf of JnY Conrractlng Party.
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2. Enumerated Powers . The ..\uth omv is au thonzed to underta ·e all .ictions
reas onably necessary for the installati on , ope r~ti on and mJinten ance of emergency I
communic:irions se!>ices \,i thin th e ...\ut ho rity's jurisdict io n. and which the ..\uthortty
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believes are necessary to carry out the intent and purpose of this .. ~greement, Including bur
not limited to :
a. Imposing, and assuring the collection of, an emergency telephone
charge in the amount and manner iJrovided by §29-1 -203 , C.R.S. and §29-11-102 &
103 , C.R.S., as amended , or as ma :, in the furure be amended . This charge may be
imposed and collected from land based and 1Vireless carriers, as well as from any other
communicatio n servi ce provider as authorized by §29-11-102 , C.R.S. ~ ~-and any
future amendment thereto;
b. Acquire, hold, lease (as Lessor or Lessee), sell , or otherwise dispose of
any legal or equitab le interest in real or personal property in connection with the
Installation , operation and maintenance of the emergency communications sen,ices;
c. To enter imo, make and perform contracts and agreements with other
Federal , Stare or loot govemmenU!, non-profit and pn vate enti ties which are
reasonably nec ess ary for the acquisition. repair or maintenan ce of equipment. or the
installation, operation or maime:iance of tlce eme:gency communications ser.icl!s:
d. To employ ag ents. accouncanrs, attome~·s. e:igmeers, consultants and
other individuals and entities JS the .-i.uthortry deems necess.:iry for the performance of
its obligations under this Agreement ;
e. To conduce the business .md Jffam or ,he . .l.uthoriry;
f. To incur debts. liabilities. or obligations to the extent and in the
manner permitted by law, borrow money and from time co time , to make , accept,
endorse , execute , issue and deliver notes md other obl!gJtions of the Authority for
monies borrowed . or in payment for property acquired. or for any of the other
purposes, services or functions au thorized by th is .-i.gre~:ntm : and as provided by la w,
and to the extent permitted by law, to seC'Jre the paym ent oi J.nY Authority obligation
by mortgage , pledge , deed, inde :i rure . agree:nent, or other colla teral instrument, or by
lien upon or assignment of al l or any par. of the properties. rights , assets , contract,
easements , revenues an d privileges of the . .\uthority e.'<Cejll chat no del:>t, liability, or
obligation shall extend to or be an obligJtion of any contracting party unless properly
authorized by sue!\ conrrac ing party anc Jg!ee d to in wriong;
g. To issue onds. notes or otl':e r obligations payable from the revenues
derived or to be derived from he emerge~cy telephone ser.ice charge impo.ed b~-the
Auth ori ty, in accordance with app liobie law , and subject to voter lpproval . as ma. ~
required .
h. To own , operate and miin J 1:, reJl and ?erso nal propt:rty and fac:lities
individually or in common with otl:ers . and 10 cond uct joint. par ership ,
cooperative or other oper:1tions wtth other :ndlviduals and entities. and 10 exercise all
powers and au thority Inc ident thereto lnd luthorized b~-th s Agreeml!nt:
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I. To sue and to be sued ln its own name;
j. To adopt and amend from time to time, by resolution, Bylaws and Rules
and Regulations as the Board deems necessary and appropriate for the e.xerdse of the
powers granted, and performing the obligations imposed, by this Agreement;
k. To rece ive contributions, gifts , bequests, grants , cash, equipment or
ser,,ices from the Parties or any other public or private Individual or entity for the
furtherance of the intent and purpose of this Agreement. and the Authoriry's
pe:formance of its obligations under this .-\greement ;
I. Negotiate and enter inro agreements with equipment vendors, suppl iers
and service suppliers for the acquisition or ·ntenance of equipment, and for the
purpose of obtaini ng the benefit of te e:: nologi developments which the Author.ty
deems necessary to improve or enha=i ce e uality and efficiency of emerge!lcy
communications services to the Parties : no ,
m. Anv other act or service which the .-\uthoritv believes is reasona .blv
necessary for the ·e.xerci e of its powers , anc'. th e performance.of its obligations , ur:cer
this . .\greement.
Vl. RULES ~-iD REGL.LATIOl'<S
The Authority Board ma: promulgate and adopt rules , regulations, policies ar.d
procedures whic h the Board deems necess.Jry to any ou the inten t and purposes of ti1is
Agreeme!:t . and to exercise the Authori .. s powers and pe!"form the Authority's obligat!or.s.
under th is Agreement. After their initial adop ·on . th~ rules, regulations , po licies ar.d
procedures ma y b.: modified CJr amended , provid ed any such modi fication or amendme:it:
ta) is approved by a majority vo te of the Beard: bi is consistent with the purpose and ime.'lt
of this Ag:eemenc; (c) is not in conflict wi th any of the prov isions of this . .\greement; and •d)
is in compliance with any and all ilpp!icab le State md federal laws .
Vll. TECHNTC:\l. ADVJSQRY COM:,.(IJTEE
The . .\uthori ty shall create a Technical Ad,.,i sory Committee. Each Contracting Pmy
ma y have 1 representative on the Committee. The Com mirtee members shall elect their own
chalrper5 cn. wh o w:11 be respons ible for semn_ me~tings Jnd conduct'ng the business of the
Commi t c;:. The Comm it et: shall serve in .in ld\ sor-:; o. ac .~· w me . .\uthC'lrllJ Board.
The Committee shall mak e recom men dao ons to the Board re ga rding the deSigTI .
eq uipmen , selection , ins la lla tlon. mainten ilnc e, enhancem<!:it .ind continued operat ion of
the emergency commun icatio ns sel'\1ces. These rec om me d:mons shall be based upon :he
needs of the Parnes.
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This Committee shall ha,.,e no authori ty to incur any expense or to commit any funds 1 of th e Authonty or any Contracting Party .
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vm. CHARGES TO BE IMPOSED BY THE ;\l7110RIU
The Parties agree that the Authocity may establish a ch arge for emergency
communications services up to the amount authorized by §29-1 1-100.5, C.R .S., ~ ~-. as
amended from time to time. Said charge shall be assessed on a uniform basis for all Parties
within the .-\uthori ty 's jurisdictio n.
The .-\uthority sh all not establish a cha rge in e.xcess of the .:imount lUthorized by §29-
11-102 , C.R.S., as .1m ended fr om time to time , unless the . .\uthocity : 1) first obta.lns approval
by two-thirds (2/3) of the Parties; and 2) obtains approval from the Public "tilities
Commission pursuant to §29 -l 1-102 (2)(b), C.R.S .. as may be amended from time to time .
The . .\utho n · ~av invest funds received from an v source ln accordance with the la ws
of the St.:i ,e of Col r .ado for invesonents by a public entity.
IX. USE OF FUNDS · COVIJUBLJJO ·s
The . .\u t ority shall use the funds generated by the charges Imposed by Section 'III,
abo ~·e , and all runds received by the Autho!ity from any other source , to pay for the com of
acquiring, maintaining, upgr.:>rt_;n g and enhancing equipment elated to pro~iding emergency
commun ica tions services , an d/or the installation, operati on , ma intenance, upgrad e and
enhancement of emergency communications se~ices , including, but not limited to ,
administrative costs of the . .\uthority, in accordance with . and as authorized by, §29-1 -04,
C.R.S., as amended from time to time . Notwithstanding th e foregoing, neither the Authority
nor its directoD, officers , age nts or emplo yees sh all use . .\uthority funds or property to
conduct political lobbying .1cti~i ties. In addition .. .\u thoricy funds shall not be used to lease
or purchase vehicles for the personal con~·enien ce of the Authority's directors, officers .
employees , agents or repr esentatives .
~o disbursement ~hall bt! made from the funds of the . .\uthority without appropria te
supporting documents in the form of receipts, invoices or other documents generally
consi dered sufficient under GAA.P.
The . .\uthority ma y e1rry over funds which ha\·e not be~ used in a given fiscal yelr to
the following fisca l yel . Noth ing in th .i s Sec:ion IX sh all prevent the Authority from
returning ar.y surplus f-..:nd5 to th e Parties . based upon th<? ,nc:Mc:i;.ai C0n,::ic::q ?:i ::;li
contTi butio ns to the Authority during the year in whic:-. the surplus is incurred. or 1
contributions have not been made ln that year, based upon e number of exchan ge access
facilities which that Pam· has within the ..\uthori ,-when compared wit e total number of
exchange access fac ilities within the Auth ori ry . Pursuant to §_9-11-10-H3 l, C.R.S., to the
e.xtent any of these surplus fun ds are derived from eme~gency telephone service charges
imposed pursuant to §_9-l -10:?. C.R.S ., such fun ds cln b~ is rributed to the Pnrtles o nly if
the emergency telephone serv ice is disco n tinued .
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X. BOOKS :\.i~P RECORDS
The Authority shall provi de for the keeping of accurate and correct books of ac connt
on a modified accrual basis in accmdance with GAAP , showing in detail the capital co5ts ,
costs of services , installation, mai ntenance iln d o perating costs, and the financial transactions
:if the Authority. The Authority's books of acc ount shall correctly show any and all revenues,
costs , or charges paid to or to be pai d by each of the Parties , and all funds received by, and all
funds expended by, the Authority. The Aut hori ty's books and records shall be open to
inspection during normal busine ss ho urs upon reasonable notice by the Parties, th eir
attorneys, accountants or agents. The books and records of the Authority shaH also be made
available to the public in acco rdance with the provisions of §24-72-201, C.R.$. ~ llil· (the
•open Records Act ').
The Authority shall cause an ann ul audit to be conduc ed by an inde;,endent
Certified Public Accountant licensed to practi ce in the State of Colorado. Th e Author::-.· shall
pro~ide a copy of the annual audit to a Contracting Party upon re quest. The Aut hori ry sh.;11
comply with the provisions of §29-1-601. C.R .S . ti ~-. as m.iy be ame nded fro m tim e to
time. The . .\uthority sh all comply with all Feder.ii and State fina nci al repQrting re quire:nents.
Xll. ASSETS OF TH E ALTHORITY
l. Assets . An y assets purchased or rernved by the Authority su bsequent :o the
formation of the Authori tv shall be owned bv the Authoritv for the mutua l benefit of th e
Partie s. Assets purchased ,~th funds of he Authority and one or more Parties shall be owned
jo iml y in proporti on to the amounts cor,tributed.
2. Asset Inventory Schedules . The . ..\u thori ty sh all ma in tain .in asm im •e n tory
lis t for an y and all real and personal prope :ty which identifies whic h Contracn r.g P:i~
conmbuted the asset, the date or an y SJ.l e ur ot her isposition of an y asser tra ns fer ,ec! to the
Authority, together with the amount or co ns ideratio n re cei ved by the Autho rity. The
Authority shall mainmln a separ ate in ven tory list for all re JI or personal pro pe rtv acquired bv
the Authority in whole or in part .
Xill. DEf.l.t:lT Pf PERFOR. l..\~CE
ln the event any Conttactlng P:irty fail s to comply with my term or condition of this
Agreement, that I':ir.y sh all be co nsid ered in derault of i ts obligations und er this Agr ee:n en t.
The .-\uthority shall pro.,,ide the go vem 1n body of the deiaul tlng party with notice of the
defau lt (the "Debulting P.1rty "). No tice shall be by certified mall, return receipt reques,ed , or
hand delivery . The Defaul · g Pa rty shall have thirty (30l da ys from the date of rec eipt ct the
notic e to cu re the default. A copy of the notice of default sh:ill be sent to e:1c h Com:-:ictmg
Party. If the Defaulting Party fa ils co cure the default within th irty 30 l days of rece ipt or the
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no tice of default. the Authori ty shall immedi ate ly ter m lnare services to the Defaulting Party, .
the Defaulting rarry's membership in the Authority shilll term inate, and the Deia ulting P,m y
shall have no rig hts whatsoever un de r he . .\gri!e ment. In addit ion, the Dei:lulong I'my sh all
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forfeit J.ll right, title and interest in and to any real and personal property, or funds, to which
the Defaulting Pany might otherwise be entitled upon the dissolution of the Authority. If
the , uthority is in default and fails to correct the default after the required notice, the non-
defaulting Party may terminate the Agreement immediately or continue the Authority and
bring an action to enforce the Authority's obllgatiom.
XIV. DURATION OF .:\GREP.,rE,rr
This Agreement shall be in effect from the time it is fully executed and shall continue
on a y~ar to year basis . unless sooner terminated in accordance with S~on XV of this
Agreement.
xv. \\ITTHDR.-\W.-\1.. Il8'-WAIJ0,. A+W PISSQLLJJON
1. Individual Party"s Withdrawal. Any Comrac.:ing Party may wi thdraw from
this .-\ut.hority and terminate its membership under this Agreeme.'1t by pro,.,idlng wrltte:1
notice to each Contrac 'ng Partv and the Authority Board at !east ninety (90) days prior to
August 1 of that year. 'vli1thdrllval from the .-\uthority shall become effeetive on August l of
the year in which a tim~ly notice of termination i5 gi,•en. A Contracting Party which
withdraws from the Authcrity shall retain all right. title and imerest in and to any real and
personal property which i1. has contributed to the .-\uthoricy an ~vh1ch is loo.ced within the
withdra•.,i.1g party's jurisdiction; ho\vever, the withdrawing party shall make the property
availab le fo r use by the .-\u thority to the extent necessary for public safety.
2. Termination by Mutual Agreement of the Parties. Upon a two-thirds
ma jority vote of all Parties, this Agreement shall be cerminaced anc! the Authority dissolved.
The ef.~ctive. date of te:mination shall be December 31st of the calendar yeJr in which the
two-th irds majority vote for termination oc;:·.m.
3. Disso lution of .-\uthority. Upon the termination of this .-\greement pursuant
to Section XV (2) above , the Auth oritv Board and Parties shall take such actions necessary to
effe ct the orderly dissolution of the Al.:hority and winding up oi the .-\uthority's o perations .
. -\..11 contributions of real and personal property, all reve!lues ,eceived by the. uthority.
and all a.:;sets of the .-\uthority shall be distributed among the entities who were parties to the
Agreement on the dace the voce for termlnatio n occurred. The B a~d shall be responsible fo r
inve:,cor;,ing th e reve:,ues. property ar:d asse:s of the Authority, rr.aking distributions to the
Parties and winding up the olffoirs of the .-\uthority. Real and personal property which can be
iden ·fie as being contributed in full by a Contracting P r.::, other than monet.l[:'
conmbutions , shall be erumed to the Comraeting Pa rty which contrib uted it .. -\ Contracting
?lit;,·\ h ich has ma de a contribution toward a jointly owned met •.as defined in S.:ctio n .XII )
wou ld be entitled to retain ownership of the asset upon terminatio n ; however . the
Conrrac::ng Party mwt account to the Authority for the amount oi the Authority's
conmbu::on toward purchase of the asset upon distribution oi the ocher assets of th e
Authont\·. Upon term ination, any revenues deriwd from eme:gency telephone service
charges ·mposed pursuant to §_9-1-02, C.R.S ., will be distribute:i in accordance with §19-
11-10113 1, C.R.S. Such funds can be dismbuted to the PJr..te only If the emergency
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telephone ser.io:~ is discontinued . All other real and personal pr operty , and all conttibutions
and revenues, shall be di stributed pro rota to the ardes, based upon the number of exchange
access facilities which each Contracting Party has within the Authority when compared Witn
the total number of exchange access fa cilities within the Authority and any other
ad justments e.:cpressly req ui red under this Agreement .
If a Contracting Party does not agree to the . .\u th ority's division of assets within sLx (6)
months from the effective date of terminati on, the Parties shall en gage in mediation on all
unresolved issues prior to eng agin g ln legal proceedi ngs . In any legal proceeding , the Court
may award att orn eys ' fees, expenses and costs of the proceedin g If the Court dete rm in~ that
th e procee din g was necessitated by an unr easonable pos ition, or nreasona ble demands, of a
Contracting Party .
Th e rights and duties of the Parties relate •j to apportionment, divis ion , transfer an d
ownership of assets upon term inatio n shall survive te:rnina r.on of tli is Agreeme:lt .
The Parties agree that during the period fol101,ing he ,·ote to te rminate the Authority,
th e Authori ty will continue to provide emergency communicJtions services in ac co rd ance
with this Agreement unti l the effective date of term ination.
XVI. LIABILITY OF THE BOARD OF DIRECTORS,
orncERS AND EMPL OYE ES OF THE .;\LTHORITY
As a nonprofit public entity, the Authority and its directo rs , officers and employees
shall be im mune from d..,.i l liability in accordance with, and th e extent provi ded by, §2+-10-
101 , C.R.S . ~ llil· (the Governmental lmm unity ..\al, §13-2 -115 .5, 13-2 1-115 .7 and 13-21-
116, C.R.S. (the Volunteer Ser.ice Act), as th e5 e statutes may be ame nded from time to tim e,
and any other applicable law .
!n addi tion , the ..\uthority shall purc hil.Se insurance for the ..\1.,. 1ori ty and its Boa rd,
office rs and employees which lnsurance will pro,ide ceasonable coverage ag airu t any claim,
suit or proceeding arising ou t of or re!ating to an ~· act or omission under this Agreement.
XVII. A,\.fE'ID),.,fDITS
This Agreement may onl y be amend ed upon: l ) an affirmative vote of two-thirds
(2/3 ) of the Contracting Parties eligib le to vote . and 2) the Contracting Parties who vo te in
the affirmative J.!so must hJve within their collecnve juri sdictions a rna jo rlty (i.e .. S 1% of the
total population within the . .\utho rity's jurisdicti on. For cities and towns. pop ulation shall be
based ur,;cn the Ye:ir 2000 c~nsu.;. as update<\ ar.r.l!:11!_-by t .. ~ Colcr:ido State Demogr:ipher's
Office population calculations fo r ci ties and towns . For special distri cts . au thorin es and other
pub li c entiti es for which the Colorado State Demographe:'s Office does not ma lntilin
po pul ation calculations. po pula tio n sh all be based po n the Year 2000 Census . and may be
upda ted by PCensus or anot he r commonly ac cepted and reput:ible population modeling
software program .
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X'l/1!1. SrYEB-:IBU.ITY
In thee ·e.'1t any p 1,ision of t.'US .l.g:-e~e..'1t Ls de:e..-mined co be illegal or invalid for
any rea!On, the pro.,.i !ions of this Ag:e'!m e.'1t shall re! ai.n in full force and effect unless
anc
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ncil otl:ecovi.se dete:omed. Tr.e :lletill!'.' of any provision of u'us Agreem ent shall ln no
way ace-:. the egallty and ento rceai:ilizy of lllY other pro 1tision of this Agre-.menc.
XL'<-,SJ.TCES,SQRS .\.,; iD THIRD P;\RJUS
This . .\~'!lent shall be binding ;::on and shall inure to the benefit of the successors
of t.'1.e Paro!!!. -n1.s Agreen1e.'1t is not lnce..'1ded co, an dces noc , in e to the benefit any
ind.iv:dUJ.l or ec.c.~i who is .:ot 1 P:art:i :o this . .\gree!Ile.l"lr .
XX. ,~SSJG . ~CE'IT A;.'\i'Q DE,LEG.-\TION
No Concndng Party shall m i . any of the cigh:S nor de!egate any of the uties
ce:ice1 by this Agreemen t wtthout the wr.tten approval of tw o•third..s of the other Parties to
this Agreemen
P.--W~"ESS WHEREOF , the Parties he:e:o have oused the:r re;iresentati 1 ffi..'C
the:.= respective signarures he reto , as of the day and yell hereinafter set forth .
_.i..11&:
Cle:k or che Board
A!'P9..0VED .l.5 0 FOR.vi :
{ oo : s:::s . llG ,:.: i
CotJNTY OF ARAP.-IBOE,
5P,TI. OF COLORADO
ATTEST :
APPROVED AS TO FO ~ !:
ATTEST:
Town Oerk , Town of Bow Mar
APPROVED .-\S TO FOR.\!:
Town Attorney
ATtc.ST :
.~PROV:]) .l..S TO FOR.'v!:
..
,lDiNITT FUlE PROTECTIO DISTRICT •
5~-------------
TOINN OF BOW M.~.R
By: ____________ _
Mc1yor, Town of Sow ).lar
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B. c...~ FIRE PROTI.CCTOt-; Df57a1CT
By: ____________ _
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• A1.t.ST:
.-1.P?RO ED .-\S-O FO R.\..£:
Ory A-:omey
ATiESi.
APPROVED A.S TO FORM:
• Town Attorney
ATTEST:
,i. PROVED AS TO FO R.\..(:
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CITY r w:B y HILLS VIJ..L.\GE
By: ____________ _
TOW:," OF COLCJMB DiE VALLEY
By:. ___________ _
Ct.;1-<"}.l);GH...IJ.if FIRE PROTECTIO •
DLSTRlCT
B~------------
TOWN OF DEE.-=l TRAIL •
By: ___________ _
Mayor Pro T~rn
. PROV"..D AS TO FORM:
Town .-\-o □ey
DEE..Q.. TR.-Ul. FIRE ROTECT10 •. D!5TRlCT
By:. ___________ _
APPROVED . .\5 TO FOR.\/[: •
cm OF ENGLE.WOOD
ATTEST:
By: ___________ _
Mayor -Thc:II2S J. Bur:is
APP . J VED AS TO FOR.'11{:
C cy Ar:omey
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• ATT5i: CI1Y OF FOlGiliD
By: ___________ _
0; erk Mayoc
APPR VED A.S O FOR.\.!:
B~-------------Mayor
APPROVED . .\S TO FO R.vi:
Cicy Attorney
AlT::Si: CITY OF GR.Ei)IV'/00D VII.UGE
By:. ____________ _
AP!'R VED .~5 TO FOR.vi :
l:
ATrl:ST:
Cit}' Oerk
Ai'P!WVED AS TO FOR.vi:
ATTEST:
Secre ruy
APPROVED .\S TO FO R.\,!:
A E.ST:
APP!lOVED .\S TO FO~ I:
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C OF LITTLETON
By: ____________ _
LITTLITO . FIRE !?RO"'"ECTION
D!STRICT
B~-------------P,esidenc
PARKER FIRE PROTECTIO N DLSTR!CT
By:. ____________ _
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APPROVED AS TO FOR.\!:
ATrl:ST:
APPROVED .l.5 TO FOR.'vl:
• ATTEST:
APPROVED .\S TO FORM:
Attorney
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SABLE-AL TIJR.\ FIRE PROTECTIO
DLST:UCT
By: ___________ _
CITY OF S nE..-:uD AL.'\/
By: __________ _
SKYlfr,iE FIRE PROTECTIOt D ISTR[CT
By: ___________ _
soun;: ~[ETRO FIR£ RESCCE •
Attorney
STIASBlfRG FIRE PRO~CTIOr. DtsTRICT
By:. ____________ _
PROVED . ..\.S TO FOR.\.!:
• Town .\ttomey
A ES : CITY OF C E::S. "TE..'-ij,/I. .IJ.
By: ____________ _
APPR.OVUJ . ..\.S TO FOR.\.[:
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D ate
March 5, :!001
Initiated 8
COU Cll COMMU ICATI O"I
Agenda Item
10 a ii
Staff Sou rce
Sub ject lntergo,emmental
Agre emen t • rapah oe Coun
E-911 Aut hori
Departmenl of Sa etv Services Clms O lson, Dir ices
CO CIL GOAL AND PREVIOUS COU CIL ACTIO
Approval of p re vious Amended lntergovernm ntal Agreemen ts for th e Es ta bli shment of an Emergency
Communi ca tions Service Authori (E-9 11 ) in Arapahoe Co un ty .
RE COMME 0£0 ACTION
Pa !sage of this ordinance.
BACKGROU D, A ALYSIS, A O ALrERNATIVES IOE TIFIED
Th e original IGA, ar rroveo in 1988, es tablished the Ara paho e County E-91 1 Eme rgen cy Tele phone Se rvice
Authontv rJ ue t c-.,;1 Jnges in fact. circumstances, tec hnology, and the law since the parties entered into
the 198C Ag•e ~rn,m t. th e partie~ o th is agreement wish lo amen d l he Intergovernmental Agreement to
comport with Colorad o law and carry out th e purposes and in tentions of th e E-9I1 Authority. The Ci oi
Englewood is a party to lhis ag reement.
FINA CIAL IMPACT
on e directly. All costs are born by telephone users (both landline an d wirel ess ).
LIST OF ATTACHME TS
Pr o p osed bill for a ordinance