165390
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NO. 16,539
682
2 AN ORDINANCE AUTHORIZING THE CITY
3 MANAGER TO EXECUTE A MODIFICATION OF
4 A 911 INTERLOCAL AGREEMENT; TO
5 DECLARE AN EMERGENCY; AND FOR OTHER
6 PURPOSES.
7
8 WHEREAS, pursuant to the provisions of the Arkansas Public
9 Safety Communications Act of 1985, Act 683 of 1985, the City of
10 Little Rock took the necessary action to establish emergency
11 national number 911 as the primary emergency telephone number
12 for use by the City; and
13 WHEREAS, pursuant to Ordinance No. 15,912, the City has
14 levied a service charge on the basic tariff rate approved by the
15 Arkansas Service Commission on all telephone access lines of any
16 telephone system within the corporate limits of the City of
17 Little Rock; and
18 WHEREAS, on November 25, 1987, the City entered into an
19 Interlocal Agreement with the Cities of North Little Rock,
20 Jacksonville, Sherwood, Wrightsville, Shannon Hills, Alexander,
21 Cammack Village and Pulaski County and Metroplan; and
22 WHEREAS, the original Interlocal Agreement authorized
23 Metroplan to receive, accumulate and disburse the surcharges
24 collected by the political entities pursuant to Act 683 of 1985
25 and to administer the funds pursuant to the terms and conditions
26 of the Agreement; and
27 WHEREAS, it is the desire of Metroplan to dedicate all
28 staff activities to transportation planning; and
29 WHEREAS, it would be in the best interest of all political
30 entities for Pulaski County to administer the funds for the
31 regional 911 system.
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
33 THE CITY OF LITTLE ROCK, ARKANSAS:
34 SECTION 1. The City Manager is authorized to enter into an
35 Interlocal Agreement with the various Cities to continue to
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683
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operate the 911 system and to provide that the County shall
2
administer the funds and deduct an administrative fee for
its
3
service. The amended interlocal agreement shall be
in
4
substantially the same form and substance as the agreement
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attached to this ordinance.
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SECTION 2. Severability Clause: If any part of this
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ordinance is held invalid, such invalidity shall not affect
any
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other portion of this ordinance.
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SECTION 3. Emergency Clause: It is hereby found that
an
10
immediate need exists for amending the Interlocal Agreement
to
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facilitate the more effective and efficient operation of a
911
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enhanced emergency system, and it is, therefore, declared
that
13
an emergency exists, and this ordinance, being necessary for
the
14
immediate preservation of the public peace, health, safety
and
15
general welfare, shall be in full force and effect from
and
16
after the date of its approval.
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PASSED: December 7, 1993
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ATTEST: APPROVED:
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D. n �— "
qROS
21
E COc_�
CITY CLERK MAYO
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APPROVED AS TO FORM:
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24
/1
.G�YLta�n QA4
25
jg
OMAS M. CARPENTER U
CITY ATTORNEY
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a ,
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INTERLOCAL AGREEMENT
•
EXHIBIT TO ORD. #f16,539
PURSUANT to Ark. Code Ann. §14 -14 -910, this Agreement is entered into this
day of , 1993, by and between Pulaski County,
Arkansas, hereinafter referred to as "County ", and the City of Little Rock, City
of North Little Rock, City of Jacksonville, City of Sherwood, City of Maumelle,
City of Wrightsville, City of Shannon Hills, City of Alexander and City of
Cammack Village, hereinafter referred to as "Cities ". The County and the Cities
collectively are referred to as "Political Entities ".
IiITNESSETH:
WHEREAS, pursuant to the provisions of the Arkansas Public Safety
Communications Act of 1985, Act 683 of 1985, the political entities have taken
the necessary action to establish Emergency National Number 9 -1 -1 as the primary
emergency telephone number for use by the political entities.
WHEREAS, the political entities desire for the County to receive,
accumulate and disburse the surcharges collected by the political entities
pursuant to Act 683 of 1985 and to administer the funds pursuant to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties, it
is hereby agreed:
1. Collection Procedure - Monthly Costs. Each political entity with a
PSAP will set a 9 -1 -1 surcharge fee not to exceed 5 per cent, as stated in Act
683 of 1985. Each political entity without a PSAP will set a surcharge fee at
the same per cent as the political entity that is serving as its PSAP. The local
telephone companies as stipulated in Act 683 of 1985, will remit monthly or
quarterly to the County a check(s) for the surcharge collected less its allowed
no
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administration fee of 1 per cent of the amount collected, plus interest accrued
to the credit of funds attributed to the 9 -1 -1 system. If the local telephone
company elects to remit a single check to the County, an attachment must be
included that will give a summary by political entity of the amount collected and
the surcharge per cent set by each entity. The County shall deduct a monthly
compensatory administration fee of 1/2 per cent of revenues not to exceed 4850.00
for the recurring cost of management of the 9 -1 -1 account. The fee amount.will
remain in effect unless modified by the Intergovernmental Council or this
Agreement is terminated.
2. Distribution Procedure - Monthly Costs. Each local telephone company
will remit to the County, a periodic statement for its portion of the 9 -1 -1
service. Using an agreed upon formula for shared costs of the 9 -1 -1 system,
which has been given in writing to the County by the political entities, the
County will pay the monthly 9 -1 -1 service bill to the local telephone companies.
Each local telephone company will supply the County on an annual basis the number
of access lines within each political entity in order that the County may have
that information available for use in the agreed formulas.
At the time all 9 -1 -1 service bills are paid, the County will remit to
political entities with a PSAP the surcharge collections from each local
telephone company made in their behalf over and above their portion of the shared
costs. For each political entity being serviced by the 9 -1 -1 system without a
PSAP, the County will remit its excess collection fees to the political entity
with the PSAP serving its area. The County will distribute earned interest to
the political entities using a formula equal to the per cent of monies
contributed to the 9 -1 -1 account by each political entity.
3. Termination of Agreement. The County or the Intergovernmental
Council may terminate this Agreement and the duties hereby created by giving
W OW we M 11M M
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sixty (60) days written notice to the other parties hereto and such termination
shall take effect upon implementation of an alternate collection and distribution
method following the sixty (60) day period. Any individual city wishing to
withdraw from the Agreement must give six (6) months notice pursuant to Ark. Code
Ann. §14- 14- 910(c)(3)(E).
4. Limitation of Liability.
(a) The County shall be protected in acting upon any notice,
request, consent, certificate, order, affidavit, letter, telegram, invoice,
statement, bill or any other paper or document believed by it, in the exercise
of reasonable care, to be genuine and correct and to have been signed or sent by
to proper person or persons.
(b) The statements, invoices, bills and other instruments provided
for in this Agreement may be accepted and relied upon by the County as conclusive
evidence of the facts and conclusions stated therein and shall be full warrant,
protection and authority to the County for its actions taken thereunder.
(c) The County shall have the right, but shall not be required to
demand, in respect of any actions whatsoever within the purview of this
Agreement, any showing of certificates, opinions, appraisals, or other
information, or corporate action or evidence thereof, in addition to that by the
terms hereof required as a condition of such action by the County.
(d) No covenant or agreement contained in this Agreement shall be
deemed to be the covenant or agreement of any official, officer, agent, or
employee of the County in his or her individual capacity, and no such person
shall be subject to any personal liability or accountability by reason of the
issuance thereof.
5. Inspection of Books. The political entities covenant and agree that
all books and documents in their possession relating to the project shall at all
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reasonable times be open to inspection by such accountants or other agencies as
the County may from time to time des'ignate.
6. Reliance. The County, in making disbursements pursuant to this
Agreement, is entitled to rely on the accuracy of all information contained in
any invoices, statements, requisitions and bills submitted by any political
entity or telephone company and is not required to investigate in any way the
truth or accuracy of the information nor the validity of any document submitted.
7. Headings. The headings contained in this Agreement are for reference
purposes only and shall not affect the meaning or interpretations of this
Agreement.
8. Governing Law. This Agreement shall be construed in accordance with
the governed for all purposes by the laws and public policy of the State of
.Arkansas.
9. Further Assurances. Each of the parties agrees that at any time, and
from time to time, it shall execute, acknowledge, deliver and perform, or cause
to be executed, acknowledged, delivered and performed, all such further acts,
assignments, transfers, conveyances, powers of attorney and assurances as amy be
necessary or proper to carry out the provision and intent of this Agreement.
10. The parties acknowledge that this Agreement has been authorized and
approved by each of their governing bodies and that upon signature it is a
legally binding agreement according to its terms.
PULASKI COUNTY, ARKANSAS
By:
CITY OF LITTLE ROCK, ARKANSAS
By:
• • 688
CITY OF NORTH LITTLE ROCK, ARKANSAS
By:
CITY OF JACKSONVILLE, ARKANSAS
92
CITY OF SHERWOOD, ARKANSAS
am
CITY OF NAUMELLE, ARKANSAS
CITY OF WRIGHTSVILLE, ARKANSAS
By:
CITY OF ALEXANDER, ARKANSAS
By:
CITY OF SHANNON HILLS, ARKANSAS
By:
CITY OF CAM ACK VILLAGE, ARKANSAS
By: