Ordinance 1987-61
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, APPROVING THE FORM AND
AUTHORIZING THE EXECUTION BY THE MAYOR OF AN AGREEMENT AND
APPLICATION FOR EMERGENCY NUMBER SERVICE (911) FEATURES AND
ASSOCIA TED EQUIPMENT BETWEEN THE CITY OF WYLIE AND GENERAL TELEPHONE
COMPANY OF THE SOUTHWEST; ESTABLISHING A COLLECTION FEE PER ACCESS
LINE OF NINETY THREE CENTS (93<\!) PER MONTH; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Wylie, Texas, held a public hearing
on November 10, 1987, for the purpose of obtaining input from the public with regard
to the implementation of 911 emergency telephone service within the corporate limits
of the City; and
WHEREAS, the City Council received public input with regard to the imposition
of 911 emergency service fees to provide for the purchase, installation, operating and
maintenance expenses of 911 emergency service; and
WHEREAS, General Telephone Company of the Southwest has submitted a form
of Agreement to provide such service; and
WHEREAS, the City Council is desirous of approving the form of such Agreement,
authorizing its execution, and ordering the implementation of a collection fee; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That there is approved hereby and attached hereto as Exhibit "A" an Agreement
and Application for Emergency Number Service (911) Features and Associated Equipment
between the City of Wylie and General Telephone Company of the Southwest. That
the Mayor of the City of Wylie be, and he is hereby, authorized to execute said
Agreement on behalf of the City.
SECTION 2.
That said Agreement provides, in Attachment A, for the payment of nonrecurring
charges by the City to General Telephone Company of the Southwest in the sum of
Twenty Thousand Two Hundred Twenty-six Dollars ($20,226.00), and further provides
monthly recurring charges (Level A plus Level B) in the sum of Three Thousand Seven
Hundred Sixty-one Dollars ($3,761.00). That such charges are approved and necessary
funds for the payment thereof are hereby allocated and their expenditure authorized
to comply with the terms of the Agreement.
SECTION 3.
That upon implementation of the 911 emergency telephone service within the
corporate limits of the City, a 911 emergency service fee in the amount of Ninety
Three Cents (93c1l) per month per access line will be added to each telephone bill to
provide for the purchase, installation, operating and maintenance expenses of 911
emergency service to be furnished pursuant to this Agreement. Such fee may not be
imposed upon more than one hundred (100) local exchange access lines per telephone
subscriber per location. Such fee may not be imposed upon any coin operated or
coin/ card reader operated telephone equipment. Said fee shall be separately stated on
each subscriber's bill. Said fee may not exceed six percent (6%) of the company's base
rate (recurring charge, exclusi ve of all taxes, fees, license costs or similar charges) for
local exchange access lines or trunks or their equivalent. Said fee shall be uniformly
applied to lines within the City limits.
SECTION 4.
The Telephone Company will remit the collected 911 emergency service fees to
the City on a periodic basis, not more frequently than monthly, within sixty (60) days
after the close of the month in which such fees were collected. The Telephone Company
will retain, from its remittance to the City, two percent (2%) of the collected 911
emergency service fees as its compensation for providing such collection.
SECTION 5.
This ordinance shall take effect immediately from and after its passage as the
law and charter in such cases provide, but the fees imposed hereby shall only take
effect at such time as the 911 service is operating within the City.
DULY PASSED by the City Council of the City of Wylie, Texas, on the cl9lAJ
day of November, 1987.
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MAYOR
ATTEST:
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AGREEMENT AND APPLICATION FOR
EMERGENCY NUMBER SERVICE (911)
FEATURES AND ASSOCIATED EQUIPMENT
THIS AGREEMENT is entered into between GENERAL
TELEPHONE COMPANY OF THE SOUTHWEST, a Delaware corporation,
hereinafter referred to as "GTSW" and the
City of Wylie
hereinafter referred to as "Customer,"
WHEREAS GTSW is a public utility conducting telecom-
munications business in the State of
Texas
and in the
City of Wylie, Texas
WHEREAS pursuant to its obligation to provide telecom-
munications services to its subscribers within its certificated
service areas, GTSW has bui 1 t a telecommunications system con-
sisting of poles, wires, cables, conduits, and other facilities
in the
City
of
Wylie, Texas.
WHEREAS Customer desires to have GTSW provide Emer-
gency Number Service (911) Features and Associated Equipment for
Customer's use in its provision of E9-1-1 Service to its desig-
nated E9-1-1 Public Safety Answering Point Service (hereinafter
referred to as "PSAP Service"),
WHEREAS GTSW is willing to furnish, install, and main-
tain said features and equipment subject to the terms and condi-
tions contained in its approved tariff.
AGREEMENT AND APPLICATION - Page 1
IoU
NOW, THEREFORE, it is mutually agreed between the
parties as follows:
1. This Agreement is entered into between GTSW and Cus-
tomer and provides for provision of equipment and
facilities by GTSW to Customer for the Customer's use
in its efforts to receive reports of emergencies by
the public in Customer's designated service areas.
2. GTSW agrees to furnish Customer equipment and facil-
ities in accordance with its tariff, and Customer
agrees to be bound by the charges, terms, conditions,
and rules contained in GTSW's tariff. The contents of
GTSW's tariff, including rates, remain subject to
change.
3. The actual charges for the provision of equipment and
facilities by GTSW will be those contained in GTSW's
tariff(s) at the time the equipment is actually instal-
led, and will be based upon the final configuration of
Customer's E9-1-1 Network, and the equipment and lines
provided by GTSW to Customer in conformance with
Customer's configuration.
4. The service is provided solely for the use and benefit
of the Customer; and the provision of such equipment
shall not be interpreted, construed, or regarded as
AGREEMENT AND APPLICATION - Page 2
13
being for the use or benefit of or creating any
obligation of GTSW toward or any right of action on
behalf of any third person or other legal entity.
5. Customer will be responsible for implementation and
ongoing administration of all E9-1-1 data management
associated with its E9-1-1 Service.
THE CUSTOMER'S RESPONSIBILITIES INCLUDE, but are not
limited to:
a) Identification of Customer boundaries for
police, fire, and emergency medical services
and for providing this information to GTSW
on the forms provided by GTSW.
b) Coordinating the accuracy of the MSAG infor-
mation used to update the ALl data file and
to advise GTSW of any changes in street
names, establishment of new streets, changes
in address numbers used on existing streets,
closing and abandonment of streets, changes
in local jurisdictional boundaries, annexa-
tion, or any other matter that will affect
the routing of the E9-1-1 call to the
Customer's PSAP.
AGREEMENT AND APPLICATION - Page 3
/f!
Changes, deletions, and additions which
Customer desires to have made in the
MSAG file should be submitted to GTSW
on an "as occurred" basis.
GTSW will
process MSAG file changes.
MSAG file
changes are to be forwarded through the
Customer to GTSW at the following
address:
GENERAL TELEPHONE COMPANY OF THE SOUTHWEST
E9-1-1 Coordinator/MSAG
P.O. Box 1001
San Angelo, TX 76901
6. MSAG updates wi 11 be processed by GTSW as quickly as
reasonably possible after receipt of information from
the Customer.
The ALl data file will be updated as quickly as
reasonably possible following completion of the
order for service on an every business day
basis. The Customer will be notified of the
change on the PSAP administrative printer by a
"flag" on the affected customer record. This
will indicate to the Customer that a new
assignment may be necessary for the appropriate
emergency response agency as well as a transfer
of
other
pertinent
information
for
that
location.
AGREEMENT AND APPLICATION - Page 4
If
7. If, prior to the date on which this service is
available and accepted for use by Customer, the
Customer cancels all or any part of its request for
the service, Customer shall pay to GTSW an amount of
money as provided below in subparagraph (a) or (b),
whichever is less:
(a) Any and all costs expended or conuni tted for
the installation and removal of said equip-
ment and facilities, including but not
limited to, labor costs, engineering and
supply expenses, and costs for equipment and
facilities less salvage value, or
(b) The total applicable nonrecurring charges as
noted on Attachment A.
8. If Customer shall default in the paYment of any
amounts due hereunder or violate any other provision
in this Agreement, and if such default or violation
shall continue for thirty (30) days after written
notice thereof from GTSW, GTSW may terminate this
Agreement forthwith by written notice to Customer.
9. In the event of terminat ion of all or part of the
Agreement by Customer prior to the expiration of the
contract period, Customer agrees, binds, and obligates
AGREEMENT AND APPLICATION - Page 5
/6
itself to pay the unpaid balance of the Level A
charges as contained in Attachment A.
10. The parties hereto further agree that the
inservice date for the service covered by this
Agreement shall be on or before April 1, 1988 ,
in the absence of the occurrence of any delay
occasioned by events or factors which are beyond
the control of GTSW. This date requires the
Customer to deliver all MSAG information to GTSW
on or before December 1, 1987
11. All equipment furnished by GTSW hereunder shall remain
the property of GTSW.
The Customer shall be respon-
sible for all loss or damage to the equipment fur-
nished under this Agreement while in the possession of
the Customer except that damage which is caused by
GTSW.
12. Where service or equipment is available under this
contract for use in connection with customer-provided
communications systems provided by the Customer, the
operating characteristics of such systems shall be
such as not to interfere with any of the features or
equipment offered by GTSW. Such use is subject to the
further provisions that the systems provided by the
Customer do not endanger the safety of GTSW 's
employees or the public; damage, require change in or
AGREEMENT AND APPLICATION - Page 6
/7
alteration of, the equipment or other facilities of
GTSW; interfere with the proper functioning of such
equipment or facilities; impair the operation of the
telecommunications system, or otherwise injure
thepublic in its use of GTSW's services. Upon notice
from GTSW that the system provided by the Customer is
causing, or is likely to cause, such hazard or
interference, the Customer shall make such change as
shall be necessary to remove or prevent such hazard or
interference. The Customer shall be responsible for
the paYment of all charges for visits by GTSW to the
Customer's premises where a service difficulty or
trouble report results from facilities provided by the
Customer. In instances where the trouble is deter-
mined (in a timely manner) to be caused by equipment
or facilities provided by the Customer, a service
charge in accordance with GTSW' s approved tariff will
be appl icable. In instances where GTSW I S personnel
are required to be at the Customer's location for
extended periods of time for purposes of testing,
troubleshooting, or any other work in connection with
the Customer's equipment or facilities, the Customer
shall be billed the actual cost for time, materials,
etc., expended on that particular callout.
AGREEMENT AND APPLICATION - Page 7
/8"
13. Additions, modifications, or removals of features or
equipment components wi 11 be made by GTSW at
theCustomer's request. Each such addition,
modification, or removal will be subject to the
charges and rates set forth in GTSW's approved tariff
at the time the work is performed.
14. Neither ANI nor Automatic Location Identification
(ALl) will be provided on calls placed over four-party
or rural lines. Central Office identification is
provided in lieu of ANI and ALl.
15. GTSW CRB records are confidential and proprietary.
The Customer will maintain the confidentiality of
these records and will establish controls to ensure
this information is only used in connection with the
Customer's provision of E9-1-1 service.
16. GTSW will provide maintenance for Customer's E9-1-1
service on a two (2) hour response time, twenty-four
(24) hours a day. Customer will be provided the names
of GTSW personnel to notify when emergency repair is
required for Customer's E9-1-1 service.
17. This Agreement shall be in effect for an initial
period of Sixty (60) months after the cutover of
the service. After this initial period, the contract
shall be automatically renewed annually for an
AGREEMENT AND APPLICATION - Page 8
/9
additional twelve (12) month period unless either
party notifies the other of its intent to terminate
ninety (90) days before the anniversary date. It is
expressly understood and agreed that recurring monthly
charges wi 11 begin immediately upon cutover of the
system.
18. GTSW and its duly authorized agents and employees
shall have the right of ingress and egress where said
facilities are installed for the purpose of inspect-
ing, maintaining, and repairing said facilities and
for all other purposes necessary to the performance of
this Agreement.
19. The failure of either party to enforce any of the
provisions of this Agreement, or a waiver thereof in
any instance, shall not be construed as a general
waiver of relinquishment on its part of any such
provision, but the same shall, nevertheless, be and
remain in full force and effect.
20. Customer agrees to comply with all applicable Federal,
State, and local laws, regulations, and codes in the
performance of this Agreement.
21. Requests by Customer over and above those specified in
this Agreement shall be charged to Customer, as
incurred by GTSW, on a time and materials basis.
AGREEMENT AND APPLICATION - Page 9
~tJ
22. All notices or other communications hereunder (other
than MSAG file changes) shall be deemed to have been
duly given when made in writing and delivered in
person or deposited in the United States mail, postage
prepaid, and addressed as follows:
To Customer
To GTSW
City Manager
City of Wylie
108 South Jackson
Wylie, Texas 75098
Operations Manager
General Telephone
Company of the
Southwest
2201 Av. I
PIano, Texas 75074
The address to which notices may be given or made by
either party may be changed by written notice given by
such party to the other pursuant to this paragraph.
23. The terms of this Agreement, and each of them, cannot
be waived, altered, or amended unless the same be
consented to in writing by the parties hereto.
24. This Agreement contains the entire agreement of the
parties with respect to the service described herein,
and no other Agreement, statement, or promises made by
any party, or to any employee, officer, or agency of
any party, which is not contained in this Agreement
shall be binding or valid.
AGREEMENT AND APPLICATION - Page 10
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IN WITNESS WHEREOF, said parties have caused this Agreement
to be executed in their behalf as of the date indicated below.
GENERAL TELEPHONE COMPANY
OF THE SOUTHWEST
BY:
BY:
JAMES A. SPRIGGS
Title: Vice President -
Field Operations
Title:
Date
Date
Approved As To Form:
DEBORAH MILLER
ATTORNEY
Date
AGREEMENT AND APPLICATION - Page 11
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