HomeMy WebLinkAboutR2004-034RESOLUTION NO. ~c~OD~'- 0~'
A RESOLUTION APPROVING THE FISCAL YEAR 2005 FINANCIAL PLAN (BUDGET)
OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY
CODE §772.309 AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been presented the 2005 Draft
Financial Plan (Budget) of the Denco Area 9-1-1 District for approval, in accordance with Tex.
Health & Safety Code §772.309 (Vernon 1999) as amended; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton hereby approves the 2005
Fiscal Year Draft Financial Plan (Budget) of the Denco Area 9-1-1 District attached to this
Resolution.
SECTION 2. That this Resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ~01~'day of (~, ,2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DENCO AREA 9-1 - 1 DISTRICT
FISCAL YEAR 2005
DRAFT~
FINANCIAL PLAN
Denco Area 9-1-1 District
Fiscal Year 2005
Financial Plan
Section I
Preface
DENCO AREA 9-1-1 DISTRICT
P.O. Box 293058, Lewisville, Texas 75029-3058
PhoneFFIY: 972-221-0911 · FAX: 972-420-0709 · Web Page: www.denco.org
Denco Area 911 District Participating Jurisdictions
Date: June 3, 2004
Subject: Denco Area 911 District Fiscal Year 2005 Financial Plan
The Denco Area 9-I-1 Dish'ict's Board of Managers, at its June 3, 2004 regular meeting, approved
the "DMZ" Danco Ama 9-1-1 District Fiscal Year 2005 Financial Plan and authorized district staffto
forward it to all participating jurisdictions for consideration.
Fiscal year 2004 has been a very productive year for the Denco Ama 9-1-1 District. Major
accomplishments during the fiscal year includes the following:
The district completed its deployment of Phase 1I enhanced 9-1-1 wireless service. Denco
used the financial resoumes available to it to be one of the first in the nation to provide
this service to its constituents. Phase II provides 9-1-1 telecommunicators with the
approximate location of wireless callers. More than 60 percent ofthe 9-1-1 calls in the
district are made fi-om wireless telephones.
With the deployment of Phase II, Denco increased its public awareness of the proper use
of wireless phones for 9-1-1 and focused much of its training efforts on providing
dispatchers with better tools for responding to wireless 9-1-1 calls.
A third major accomplishment in 2004 is the development ora business continuity plan
that will minimize the effect ora major disaster on district operations.
The efficient use of its financial resources in fiscal year 2004 will allow the district to remain
financially strong as it continues to provide state-of-the-art services to the Public Safety Answering
Points (PSAPs) it serves. The district will be able to rebuild its reserve funds to help pay the balance
it owes for Phase II services.
The enclosed 2005 financial plan provides for additional enhancements to the current network that
will minimize outages during a potential disaster event. It also funds the balance it owes for Phase II
services and thc addition of PSAP answering equipment at Denton County's new Emergency
Operation Center (EOC). In addition, the budget provides for an upgrade to existing 9-1-1 answering
equipment that will provide tools that will better assist call-takers in processing emergency calls.
The Denco Area 9-1-1 District is here to serve its member jurisdictions. The district's mission is "to
assist its member jurisdictions respond to police, fire and medical emergency calls by providing an
efficient, effective enhanced 9-1-1 emergency telecommunications system". Denco continues to
provide more services each year at the same wireline telephone service fee rate since its beginning in
1987.
Please call on any board member or the district staff if you have any comments or questions
concerning this proposed budget. The district's executive director, Mike Pedigo, would welcome the
opportunity to make a presentation to your governing body regarding this budget or any other Denco
related matter.
Again, thanks for your support of the Denco Area 9-I-I District.
Chairman, Board of Managers
1075 Princeton Street, Lewisville, Texas 75067
DENCO AREA 9-1-1 DISTRICT
P.O. Box 293058, Lewisville, Texas 75029-3058
Phone/~TY: 972-221-0911 · FAX: 972-420-0709 · Web Page: www.denco.org
To: Denco Area 911 District Participating Jurisdictions
Date: June 3, 2004
Subject: Denco Area 911 District Fiscal Year 2005 Financial Plan
Enclosed is a "draft" copy ofthe Danco Area 9-1-1 District Fiscal Year 2005 Financial Plan for your
jurisdiction's consideration. Chapter 772.300, Texas Health and Safety Code, requires emergency
communication districts to send a draft budget to participatingjurisdictions seeking comments. After
a 45-day review and comment period, the district's board of managers will consider approval of a
final budget.
Denco's draft financial plan provides for the continued provision of state-of-the-art enhanced 9-1-1
services at the same rate that Denco has collected from district residents since its inception in 1987.
The emergency service fee, collected by wireline telephone service providers is $0.27 per month for
residential, $0.71 per month for business service and $1.13 per month for PBX trunks. This fee is
equal to three percent of the 1987 base telephone rate. Denco continues to provide excellent services
to its member jurisdicfions at one of the lowest rates in the state. In addition to the emergency
service fee collected by local telephone service providers, the State of Texas collects $0.50 per month~
per wireless telephone. Those fees are remitted to the state. The state then sends a portion of the
wireless fund to Denco based on the district's percent of the total population of Texas.
The 76~h Texas Legislature passed House Bill 1984 which defined the budget approval process for
Chapter 772.300 series emergency communication dis~icts. The following documents are included
in Section 5, the Appendix of this financial plan, defining the policies and procedures as well as the
statute under which the district operates:
A copy of the Denco Area 9-1-1 District Mission, Values and Goals Statement.
A copy of the section in House Bill 1984 that pertains to budget approval.
A copy of a resolution approved by the Denco Area 9-1-1 District Board ofManagers
defining procedures for consideration and approval ora budget.
A copy of the budget approval policy that provides for amending the approved budget.
A copy of Texas Health and Safety Code, Chapter 772.300; the statute under which Denco
operates.
Even though it is not required for your governing body to vote on the budget, Denco requests that
you review the budget and provide feedback prior to the August 5, 2004 district board of managers'
meeting. At that time the board will approve a final budget for fiscal year 2005, which begins
October 1, 2004. If there are no changes to the draft budget, the district will notify its members that
the budget is approved. Ifthere are any changes, the district will request each jurisdiction to approve
the final budget and a copy of that budget will be sent to the governing bodies ofparticipating
jurisdictions for consideration.
If, at any time, you have any questions or would like additional information, please do not hesitate to
call me at (972) 221-0911.
Thanks for your continued support of the Denco Area 9-1-1 District.
Michael L. Pedigo, Executive Director
1075 Princeton Street, Lewisville, Texas 75067
Denco Area 9-1-1 District
Fiscal Year 2005
Financial Plan
Section 2
District Overview
DENCO AREA 9-1-1 DISTRICT
DISTRICT OVERVIEW
Background Information
What is Eg-l-1 ?
Enhanced Nine-One-One (E9-1-1) is a single, easy-to-remember number used
when reporting emergencies to fire, police and emergency medical service providers. The
E9-1-1 system, operational in the Denco Area 9-1-1 District, is designed to.automatically
route any 9-1-1 call, placed from a telephone instrnment (including wireless) within the
district's geographical boundaries, to the proper public safety answering point (PSAP)
responsible for dispatching emergency services to the caller.
9-1-1 Terminology
9-1-1 (Nine-one-one). An easy-to-remember, easy-to-dial three-digit emergency
telephone number developed to provide citizens a reliable, fast and convenient way to
access fire, police, or medical service providers in the event of an emergency.
District (Denco Area 9-1-1 District). The entity that provides enhanced 9-1-1 service in
Denton County. A board of managers appointed by participating jurisdictions governs the
district. The district serves Denton County and all of the City of Carrollton.
E9-1-1 (Enhanced 9-1-1). The system that is operational in Denton County providing
SR, ANI and ALI (defmed below).
District Overview June 3, 2004
GIS (Geographic Information Systems). The technology used to develop the mapped
display of Denton County.
PSAP (Public Safety Answering Point). The location of the equipment used to answer
9-1-1 emergency calls. The following are the twelve (12) PSAPs that are currently
capable of answering 9-1-1 calls in the Denco Area 9-1-1 District:
City of Carrollton Police Department
City of Denton Police Department
Denton County sheriff's Office
Town of Flower Mound Police Department
City of Highland Village Police Department
City of Roanoke Police Department
City of Lake Dallas Police Department
City of Lewisville Police Department
City of The Colony Policy Department
University ofNorth Texas Police Department
Texas Woman's University Police Department
Denco Backup and Training PSAP
SR. (Selective Routing). The system that provides automatic routing of 9-1-1 calls based
on the caller's location to the appropriate PSAP. The caller is not required to determine
which public safety agency to call.
ANI (Automatic Number Identification). The feature that provides the caller's
telephone number on a console at the PSAP.
ALI (Automatic Location Identification). The feature that provides the caller's name
and address on a computer monitor at the PSAP.
District Overview June 3, 2004
Database. The information accompanying a 9-1-1 call at the PSAP. The information
provided is the caller's name, address and telephone number, as well as the emergency
service providers designated to respond to the caller's address.
Public Safety Telecommunicator. The individual answering the 9-1-1 calls; trained to
communicate with persons seeking emergency assistance and with agencies and
individuals providing such assistance.
Phase I. The Federal Communication Commission (FCC) mandate to the wireless
telephone industry and %1-1 requiring the proper routing of wireless 9-1-1 calis to
PSAPs and the provision of the callers' ANI to the telecommunicators.
Phase Il. The feature that provides the approximate geographic location of wireless
callers, in addition to the FCC's Phase I enhancements.
IWS. Integrated Workstation. The computerized 9-1-1 answering equipment provided by
Denco. The equipment has the capacity to include dispatcher tools in addition to the
9-1-1 function, such as computer-aided dispatch, paging, mapping, etc. Denco has 52
integrated workstations at its 12 PSAPS.
District Overview June 3, 2004
Benefits olEg-l-1
The E9-1-1 system has enhanced the ability of emergency service providers to
save the lives and property of citizens in the Denco Area 9-1-1 District. Some of the
direct benefits of the emergency communications system provided by Denco are the
following:
Only one three-digit number to remember in an emergency situation.
The 9-1-1 call is routed to the proper agency responsible for dispatching
help to the caller.
Trained telecommunicators answer 9-1-1 calls. (In the Denco Area 9-1-1
District, telecommunicators are trained to provide emergency medical
dispatch, thus reducing response time for medical emergencies.)
Telecommunicators have the equipment and training necessary to
communicate with hearing/speech impaired callers.
The caller's name, address and telephone number, as well as the proper
fire, police and emergency medical service designated to respond to the
caller's address, is automatically provided to the telecommunicator, thus
reducing total response time. In the event the caller is unable to speak, the
telecommunicator has the ability to dispatch help to the callers location
that is provided by the E9-1-1 system.
ANI/ALI information provides a means to control and reduce prank calls.
The public education programs associated with E9-1-1 promote citizen
awareness and involvement with emergency service providers.
District Overview June 3, 2004
The E9-1-1 system enhances local government's ability to meet the ever-
growing public expectation of emergency services created by popular
television programming.
The E9-1-1 system is designed to allow PSAPs the ability to directly
transfer a caller to another public safety agency or poison control center.
The E9-1-1 system will identify calls from wireless phones, advising the
telecommunicator to ask proper questions to determine the location of the
emergency. Phase I provides the caller's telephone number so that the
telecommunicator has the ability to reconnect if the call is terminated.
Phase II provides additional location information to telecommunicators.
The system has the ability to identify telephone companies serving 9-1-1
callers, thus streamlining the process for reconciling routing and database
errors.
Formation of the Denco Area 9-1-1 District
Legislation
During its 1985 legislative session, the 69th Texas Legislature passed Article
1432e (Section 772, Texas Health and Safety Code), Emergency Telephone Number Act,
which provided for the creation, administration, expansion, funding and dissolution of
emergency communication districts in certain counties in Texas. The Emergency
Telephone Number Act is the legislation under which the Denco Area 9-1-1 District
operates.
District Overview June 3, 2004
Purpose
Section 772.302, Texas Health and Safety Code states the purpose of the Act to be
the following:
To establish the number 9-1-1 as the primary emergency
telephone number for use by certain local governments in this state and to
encourage units of local governments and combinations of those units of
local government to develop and improve emergency communication
procedures and facilities in a manner that will make possible the quick
response to any person calling the telephone number 9-1-1 seeking police,
fire, medical, rescue and other emergency services."
Creation ofDenco Area 9-1-1 District
On August 8, 1987, Denton County held a special election to confmn the creation
of the Emergency Communication District of Denton County and authorize a 9-1-1
emergency service fee, not to exceed three (3%) percent of the base rate of the principal
service supplier per month, to be charged by the district for the purpose of establishing
and maintaining E9-1-1 in Denton County. By a margin of 13,086 to 3,024, the voters
favored the creation of the emergency communication district. After the special election,
the city and county governing bodies within Denton County passed resolutions of
participation. The resolutions stated that the city or county would become a participating
jurisdiction in the district pursuant to the provisions of the Emergency Telephone
Number Act.
District Overview June 3, 2004
The participating jurisdictions of the district are the following:
Argyle Hackberry Little Elm
Aubrey Hebron Marshall Creek
Bartonville Hickory Creek Northlake
Carrollton Highland Village Oak Point
Clark Justin Pilot Point
Copper Canyon Krugerville Ponder
Corinth Krum Roanoke
Corral City Lake Dallas Sanger
Cross Roads Lakewood Village Shady Shores
Denton Lewisville The Colony
Double Oak Lincoln Park Trophy Club
Flower Mound Unincorporated Denton County
On December 8, 1987, the district's board of managers ordered the levy and
collection of the emergency fee to commence with the January 1988 billing cycle. The
board ordered the service fee, collected by the telephone companies, to be charged at a
rate of three (3%) percent of the base rate of GTE Southwest. The emergency service fee
for basic levels of telephone service charged to customers in the district was capped at
27 for residential customers, $.71 for business customers and $1.13 for minks. (The
same cap remains in effect today.) On June 28, 1988, the board of managers named the
Emergency Communications District of Denton County, Denco Area 9-1-1 District.
Organizational Structure
Board of Managers. The board of managers is the governing body for the Denco
Area 9-1-1 District. The county, participating cities and the Denton County Fire Chiefs
District Overview June 3, 2004
Association appoint the board. Board members serve staggered two-year terms and are
eligible for reappointment. The current board of managers is made up of the following
members:
Board Member Represents
Mr. Jack Miller, Chairman Denton Cotmty Commissioners Court
Mayor Olive Stephens, Vice Chairman Participating Cities
Mr. Harlan Jefferson, Secretary
Mr. Lewis Jue
Chief Lonnie Tatum
Mr. Keith Stephens
Participating Cities
Denton County Commissioners Court
Fire Chiefs Association
Verizon, Advisory
The Emergency Telephone Number Act states, "the board shall manage, control
and administer the district. The board may adopt roles for the operation of the district."
The legislation also allows the board to appoint a director of communications for the
district who serves as its general manager. The director, with approval from the board,
provides for the service necessary to carry out the purposes of the Emergency Telephone
Number Act.
The Denco Area 9-1-1 District's staff is responsible for performing all the duties
that may be required for the district to accomplish its mission within the framework
provided by the board. The "Draft" Denco Area 9-1-1 District Fiscal Year 2005 Financial
Plan provides for eleven full time staff members that provide the planning, operations and
maintenance functions for the district. The organizational structure ofthe district includes
tkree direct service program areas that serve the 9-1-1 PSAPs and emergency service
District Overview June 3, 2004
providers within the district. Included in the organizational chart are names of staff
members in each program area.
BoardofManagersMikePedigoExecutiveDirectorCarlaFlowersBusinessManagerPattyCrossPublicEducation/TrainingManagerMarkPayne9-1-1SystemsManagerI
District Overview June 3, 2004
Values
The Denco Area 9-1-1 District pledges to uphold the following values:
Value 1: Control of district operations is the responsibility of member
jurisdictions and the board of managers.
Value 2:
Goals
The district will provide the most reliable, efficient, cost-effective
and proven state-of-the-art technologies available at the lowest
service fee rate possible.
The Denco Area 9-1-1 District has the following goals that support its endeavor to carry
out its mission.
Goal 1:
Goal 2:
Goal 3:
Goal 4:
Goal 5:
Goal 6:
To provide the policy, direction and control mechanisms necessary
to assure that the Denco Area 9-1-1 District accomplishes its
mission within the financial resources provided.
To manage the Denco Area 9-1-1 District in an objective, efficient,
effective and responsive manner.
To increase public awareness of 9-1-1 issues and promote the
proper use of the 9-1-1 system.
To provide training programs which enable Public Safety
Answering Point (PSAP) personnel to effectively use the 9-1-1
system.
To provide and maintain a dependable, state-of-the-art enhanced
9-1-1 network.
To assure that PSAPs have the most accurate, reliable and useable
data at all times.
10
Denco Area 9-1-1 District
Fiscal Year 2005
Financial Plan
Section 3
Financial Plan Summary
Summary of Cost Classifications
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2005 FINANCIAL PLAN SUMMARY
Strategic Overview
Fiscal Year 2004
During the current fiscal year, the Denco Area 9-1-1 District has dedicated most
of its resources to fine-tuning the Phase II services that it has implemented over the past
two years. Included has been a focus on tweaking the equipment, network, and database
to best utilize the new technology. In addition, resources have been committed to provide
the public with information as to how to best access the system, train the
telecommunicators as to how to best use the technology and assist other 9-1-1
jurisdictions with the deployment of Phase II enhanced wireless 9-1-1 service.
Due to the financial implications of Verizon tariff services, the district
relocated its wireless database services to the SBC platform. The change
in providers will save the district significant fmancial resources over the
next four years.
Denco has produced and distributed a new brochure that provides citizens
with updated information about the services the district provides. In
addition, information specific to the wireless 9-1-1 services in Denton
County has been placed at local wireless retail outlets.
The district has provided a series of"Wireless 9-1-1 Forums" to 9-1-1 call
takers across the district. The training program gave the
telecommunicators the tools needed to best serve their communities when
answering wireless 9-1-1 calls.
FY2005 Financial Plan Summary June 3, 2004
The Denco Area 9-1-1 District is the "Model Community" representing
Texas in APCO's Project Locate program. Staff has shared its experience
and expertise with other 9-1-1 providers across the country by presenting
at national symposiums and providing copies of its public education and
training publications to other 9-1-1 professionals.
Another priority during fiscal year 2004 has been the development of a business
continuity plan. For the past year, Denco has been formalizing many of the procedures
currently in place and developing others that will mitigate the impact of a potential
disaster. The district plans to complete the plan in 2004. The plan provides for the
automatic storage of financial and records management information at a remote location,
procedures that will assist staff assume responsibilities of other staff members in the
event of their unavailability or untimely departure and procedures for responding when
the plan is activated.
Another focus has been the continued negotiations to resolve Phase II contract
matters with wireless carriers. The Federal Communications Commission (FCC) has
directed wireless carriers to deploy Phase II services in a short time frame. Because of the
time limitations, contracts with some of the carriers have not yet been finalized. The
district hopes to finalize those agreements in the current fiscal year.
13
FY2005 Financial Plan Summary June 3, 2004
Fiscal Year 2005
In addition to the normal services that Denco Area 9-1-1 District provides its
constituents, the 2005 financial plan provides the financial resources to support the
following objectives during the next fiscal year:
Complete the service agreement negotiations and fund the balance the
district owes the wireless carriers for Phase II services.
Begin the deployment of a redundant network that will minimize the
impact of potential network outages.
Provide the additional equipment and services needed to improve the
effectiveness of the PSAPs it supports.
Monitor the 2005 legislative session and respond appropriately to any
legislation that has the potential to impact 9-1~1 district funding or
services.
Upgrade the equipment used in the schools to educate children on the
proper use ofg-l-1.
Sponsor additional "Spanish for the Telecommunicator" classes that were
developed by district staff to better equip call takers in answering 9-1-1
calls from the Spanish speaking community.
Improve the monitoring capability of the district's high-capacity telephone
circuits.
Evaluate the impact of growing Voice over Intemet Protocol (VoIP)
telephone services and participate in forums that will encourage
contractual and/or regulatory means to lessen its impact on the inferior
9-1-1 service that it provides its users.
14
FY2005 Financial Plan Summary June 3, 2004
Financial Overview
Summary ofBudget Objectives
Due to an unanticipated refund of $231,000 from T-Mobile in 2004, the Denco
Area 9-1-1 District will have a larger reserve balance at the beginning of 2005 to fund its
services during the 2005 fiscal year. With the addition of the refund, the district projects
that it will have the financial resources available to fully fund all of the outstanding costs
it has accrued for the deployment of Phase II services. After paying for the initial costs
associated with the deployment of Phase II, the district should be in an excellent financial
position to accomplish its stated objectives for fiscal year 2005.
The long-range projections included in Section 4 depict adequate financial.
resources at the current rate over the next several years to fully fund district operations.
Summary ofAnticipated Revenues
The following is a summary of auticipated revenues for fiscal year 2005:
Total service fee revenue is anticipated to increase by 2.40 percent.
Wireline service fee revenue is expected to decrease by 2.44 percent,
which is offset by an estimated increase in wireless service fee revenue of
7.0 percent. It is anticipated that wireline revenue will continue to
decrease as more consumers migrate to wireless and VolP telephone
services.
Interest revenue is not anticipated to increase in 2005 as the district will
decrease its reserve balance and the interest rate is not expected to
increase.
Contract service revenue is projected to decrease due to a new contract
arrangement with Denton County for rural addressing services.
15
FY2005 Financial Plan Summary June 3, 2004
Miscellaneous revenue is proposed to be zero. The district expects the T-
Mobile refund in budget year 2004.
Summary ofProposed Expenditures
The following is a summary of proposed expenditures for fiscal year 2005:
Due to a decrease in staffing for the 2005 fiscal year, the proposed
personnel expenditures are $14,325 less than fiscal year 2004.
Proposed operations costs are budgeted to increase by $6,168 or 4.6
percent over the amount submitted in the 2004 financial plan.
Total direct service expenditures are proposed to increase by $582,415 in
2005. The eatire increase will be used to pay for Phase II services.
16
DENCO AREA 9-1-1 DISTRICT
SUMMARY OF COST CLASSIFICATIONS
Personnel Expenditures
Includes staff salary, deferred compensation, and healthcare and retirement
benefits. Also included are costs for state unemployment tax and employer's contribution
to Medicare. In addition, temporary (contract) personnel services are included.
Operations Expenditures
Includes the costs associated with the business operations of the Denco Area
9-1-1 District.
Communications
Includes telecommunication, printing/publishing and postage/shipping costs
necessary for the district to disseminate information.
Expendable Supplies
Includes the cost of routine expendable office supplies and commercially
available software. Supplies also include the costs associated with service awards.
Contract Services
Includes the cost of legal fees, independent audit, insurance, advertising and other
contract services such as equipment and software support for district equipment.
Summary ofCost Classifications June 4, 2004
Building Services
Includes the cost of utilities, building services, maintenance and repair expense
for the office and training facility owned by district.
Memberships/Subscriptions
Includes individual and organizational memberships to professional organizations
such as National Emergency Number Association (NENA) and Association of
Public Safety Communications Officials-International (APCO). Includes
subscriptions to newspapers, periodicals, information services, technical support
publications and the purchase or rental of books, videos and recordings.
Professional Development
Includes board and stafftraining and ongoing professional development through
technical training classes, seminars, conferences and symposiums.
Travel
Includes out of district travel costs such as, but not limited to mileage
reimbursement, airfare, food, lodging, local transportation, parking, telephone,
etc. when such costs are reasonable and when they are incurred in conjunction
with board and authorized staff travel out of the district. Also included is
reimbursement for the use of personal vehicles on official business within the
district.
18
SummaE~ of Cost Classifications June 4, 2004
Furniture and Equipment
Includes the purchase of the necessary furniture and fixtures as well as office
equipment necessary for the ongoing operations of the Denco Area 9-1-1 District.
Direct Service Expenditures
Includes all non-recurring and recurring costs attributed directly to the operations,
maintenance, equipment, network and database required for the provision of 9-1-1
services. Also included are direct costs for information system services, public
education and training for telecommunicators.
9-1-1 Systems
Includes operations, service and direct maintenance costs required for Denco to
maintain the 9-1-1 systems. Also included are non-recurring and monthly
recurring costs for network and database services, language interpretation and
other recurring services.
Information Systems
Includes operations, service and direct maintenance costs required to develop and
distribute 9-1-1 GIS and other database information to public safety answering
points and emergency response agencies. Included are costs for aerial
photography files and the service and maintenance of hardware and software
required to provide the data.
19
Summary of Cost Classifications June 4, 2004
Public Education/Training
Public Education includes operating costs required for the development, purchase
and distribution of public information and education materials for special focus
groups and district at large. Also includes costs for special functions such as
National Telecommnnicator Week recognition and 9-1-1 Day activities.
Training expenditures include cost for materials, instructors, registration, etc.;
associated with meeting the training needs of 9-1-1 call takers. Also included are
direct costs required for Denco to sponsor telecommunicators from across the
district to the State of Texas annual awards and appreciation activities and
recipients of the Dr. Allen Groff Emergency Medical Dispatch (EMD)
Scholarship to the national EMD conference.
20
Denco Area 9-1-1 District
Fiscal Year 2005
Financial Plan
Section 4
Anticipated Revenues
Proposed Expenditures
DENCO AREA 911 DISTRICT FINANCIAL PLAN
Summary of Anticipated Revenues and Proposed Expenditures
Fiscal Year 2005
FY 2005 Percent of
Proposed Budget
Beginning of Year Estimated Reserve Funds $ 718,030
Anticipated Revenues
9-1-1 Service Fee Revenue
Interest Revenue
Contract Services Revenue
Miscellaneous Revenue (Expense)
Total Anticipated Revenues
2,814,617 99.14%
4,280 0.15%
20,000 0.70%
0.00%
2,838,897 100%
Proposed Expenditures
Personnel
Operations
Direct Services
Total Proposed Expenditures
841,020 26.05%
138,408 4.29%
2,249,622 69.67%
3,229,050 100%
Increase (Decrease) in Reserve Funds 390,153)
End of Year Estimated Reserve Funds 327,878
DENCO AREA 911 DISTRICT FINANCIAL PLAN
Anticipated Revenues
Fiscal Year 2005
FY 2005 Percent of
Proposed Budget
Service Fee Revenue
Verizon
SBC
Sprint
CenturyTel
Other Local Exchange Cardem (CLECs)
Private Switch Service Fees
Telephone Company Administrative Charges
Telephone Company Uncollectible Charges
Telephone Company Adjustments
Net Wireline Service Fee Revenue
Wireless Service Fee Revenue
Total Service Fee Revenue
787,513 27.74%
200,261 7.05%
31,010 1.09%
48,762 1.72%
255,126 8.99%
7,763 0.27%
13,304) -0.47%
1,987)
9,508) -0.33%
1,305,636 45.99%
1,508,981 53.15%
2,814,617 99.14%
Non Service Fee Revenue
Interest Revenue
Contract Service Revenue
Miscellaneous Revenue (Expenses)
Total Non Service Fee Revenue
4,280 0.15%
20,000 0.70%
0.00%
24,280 0.86%
Total Revenue 2,838,897 100%
23
DENCO AREA 911 DISTRICT FINANCIAL PLAN
Proposed Expenditures
Fiscal Year 2005
FY 2005
Proposed
Percent of
Budget
Personnel Expenditures
Salaries
Benefits
Operations Expenditures
Communications
Expendable Supplies
Contract Services
Building Services
Memberships/Subscriptions
Professional Development
Travel
Furniture and Equipment
Direct Service Expenditures
9-1-1 Systems
Operations
Network and Database Services
PSAP and Maintenance Equipment
Information Systems
Operations
Public Education/Training
Operations
Public Education Services
Training Services
628,601 19.47%
212,419 6.58%
Total $ 841,020 26.05%
17,339 0.54%
9,700 0.30%
46,266 1.43%
33,87O 1~05%
1,833 0.06%
5,300 0.16%
22,100 0.68%
2,000 0.06%
Total $ 138,408 4.29%
107,325 3.32%
1,914,407 59.29%
50,048 1.55%
84,590 2.62%
23,427 0.73%
37,550 1.16%
32,275 1.00%
Total $ 2,249,622 69.67%
3,229,050 100%
24
Denco Area 9-1-1 District
Fiscal Year 2005
Financial Plan
Section 5
Appendix
Mission Statement
HB 1984
Resolutions
District Legislation
DENCO AREA 9-1-1 DISTRICT
Mission, Values and Goals Statement
Mission
The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions
respond to police, fire and medical emergency calls by providing an efficient, effective
enhanced 9-1-1 emergency telecommunications system.
Values
The Denco Area 9-1-1 District pledges to uphold the following values:
Value 1:Control of district operations is the responsibility of member
jurisdictions and the board of managers.
Value 2: The district will provide the most reliable, efficient, cost-effective
and proven state-of-the-art technologies available at the lowest
service fee rate possible.
Goals
The Denco Area 9-1-1 District has the following goals that support its endeavor to
carry out its mission.
Goal 1: To provide the policy, direction and control mechanisms necessary
to assure that the Denco Area 9-1-1 District accomplishes its
mission within the financial resources provided.
Goal 2:To manage the Denco Area 9-1-1 District in an objective, efficient,
effective and responsive manner.
Appendix
Goal 3:
Goal 4:
Goal 5:
Goal 6:
Mission, Values and Goals Statement
To increase public awareness of 9-I-1 issues and promote the
proper use of the 9-1-1 system.
To provide training programs which enable Public Safety
Answering Point (PSAP) personnel to effectively use the 9-1-1
system.
To provide and maintain a dependable, state-of-the-art enhanced
9-1-1 network.
To assure that PSAPs have the most accurate, reliable and useable
data at all times.
H.B. No. 1984
AN ACT
relating to the consolidation of emergency communication districts and to the
approval of proposed budgets of certain emergency communication districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 771.001(3), Health and Safety Code, is amended to
read as follows:
3) Emergency communication district" means:
A) a public agency or group of public agencies acting
jointly that provided 9-1-1 service before September 1, 1987, or that had voted or.
contracted before that date to provide that service; or
B) a district created under Subchapter B, C, [e~] D, or F,
Chapter 772.
SECTION 2. Sections 772.309(b), (c), and (d), Health and Safety Code,
are amended to read as follows:
b) The board shall submit a draft of the proposed budqet to the
governing bodies of the participating jurisdictions not later than the 45th day
before the date the board adopts the budqet. The participating iurisdictions shall
review the proposed budget and submit any comments regarding the budget to
the board.
c) if the governing body of a county, municipality, or other participatin.q
jurisdiction does not approve or disapprove the budget before the 61 st day after
the date the body received the proposed budget for review, the budget is
approved by operation of law.
Appendix H.B. No. 1984
d) A revision of the budget must be approved in the same manner as
the budget.
As soon as practicable after the end of each district fiscal year,
the director shall prepare and present to the board and to each participating
jurisdiction in writing a sworn statement of all money received by the district and
how the money was used during the preceding fiscal year. The report must show
in detail the operations of the district for the fiscal year covered by the report.
0. [~t)] The board shall have an independent financial audit of the district
performed annually.
Appendix Budget Approval Procedures
DENCO AREA 9-1-t DISTRICT
RESOLUTION
DEFINING PROCEDURES FOR CONSIDERATION AND APPROVAL OF A BUDGET
WHEREAS, Sections 772.309(b)&(c), Texas Health and Safety Code have been amended
by the Texas Legislature to specify certain procedures for the consideration and approval of a
budget by the Board and governing bodies of participating jurisdictions.
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT
BOARD OF MANAGERS:
The Board's procedures for consideration and approval of a budget shall include the
following:
l. Not later than the 45th day before the Board adopts a budget, the Executive
Director on behalf of the Board will submit a draft of the proposed budget to each
of the governing bodies of the participating jurisdictions. In a transmittal letter
accompanying the draft of the proposed budget, the Executive Director will
include a statement requesting that the governing bodies of each of the
participating jurisdictions review the draft of the proposed budget and submit any
comments to the Board prior to or on the date the budget is scheduled for
consideration and adoption by the Board.
2. Once the Board adopts the budget, the Executive Director on behalf of the Board
will within three days either 1) send a letter to each of the governing bodies of the
participating jurisdictions stating that the Board adopted the proposed budget
without any changes or 2) send a copy of the budget adopted by the Board and
include in a letter the differences between the proposed and adopted budget. In
the letter to the governing bodies of the participating jurisdictions, the Executive
Director will include a statement requesting approval of the Board's adopted
budget by the governing bodies of participating jurisdictions within sixty days of
receipt.
APPROVED and ADOPTED on this 2"a day of December 1999.
Chairman, Board of Managers
Secretary, Board of Managers
Appendix Budget Approval Policy
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING THE DENCO AREA 9-1-1 DISTRICT BUDGET APPROVAL POLICY
WHEREAS, the Denco Area 9-1-1 District was created under Texas Health and Safety
Code and the voters of Denton County to design, implement and operate a 9-1-1 system
for all participating jurisdictions; and
WHEREAS, the Board of Managers is appointed by participating jurisdictions to
manage, control and administer the district; and
WHEREAS, under the direction of the Board of Managers, the executive director
prepares an annual budget that must be approved by the board, the commissioners
court and the majority of participating cities; NOW,
THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS THAT:
1. The Denco Area 9-1-1 District approved budget shall include specific revenue'
and expenditure projections by department. Budget departments as defined
in district's annual audit include service fee revenue, interest revenue and
miscellaneous revenue. Expenditure departments include personnel
services, operations, direct services, capital outlay and debt service. The
board, at its discretion, may add or delete budget departments.
2. The executive director shall submit to the Board of Managers requests for
amendments, revisions or modifications to the district's annual budget that
require an increase in any budget department's expenditures in excess of five
percent of the total department budget. Any increase of expenditures in
excess of the approved department budget, up to five percent, shall be offset
by a decrease of an equal amount in another department budget.
3. Without limiting the Board of Managers authority under Section 772, Texas
Health and Safety Code, the Board of Managers may approve amendments,
revisions or modifications to the District's annual budget as deemed
reasonable and necessary as long as such budget amendments, revisions or
modifications do not require that the total expenditures budgeted exceed the
amount previously approved and adopted by the Board of Managers, the
Denton County Commissioners Court and the majority of participating cities'
governing bodies.
APPROVED and ADOPTED on this 6th day ofApril 2000.
Chairman, Board of Managers
Secretary, Board of Managers
SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES
WITH POPULATION OVER 20,000
772.301. Short Title
This subchapter may be cited as the Emergency Telephone Number Act.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.302. Purpose
It is the purpose of this subchapter to establish the number 9-1-1 as the
primary emergency telephone number for use by certain local governments in
this state and to encourage units of local government and combinations of those
units to develop and improve emergency communication procedures and
facilities in a manner that will make possible the quick response to any person
calling the telephone number 9-1-1 seeking police, fire, medical, rescue, and
other emergency services. To this purpose the legislature finds that:
1) it is in the public interest to shorten the time required for a citizen to
request and receive emergency aid;
2) there exist thousands of different emergency telephone numbers
throughout the state, and telephone exchange boundaries and central office
service areas do not necessarily correspond to public safety and political
boundaries;
3) a dominant part of the state's population is located in rapidly expanding
metropolitan areas that generally cross the boundary lines of local jurisdictions
and often extend into two or more counties; and
4) provision of a single, primary three-digit emergency number through which
emergency services can be quickly and efficiently obtained would provide a
significant contribution to law enforcement and other public safety efforts by
making it less difficult to notify public safety personnel quickly.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.303. Definitions
In this subchapter:
1) "Board" means the board of managers of a district.
Appendix Health and Safety Code, Chapter 772.300
2) "Director" means the director of communication for a district.
3) "District" means an emergency communication district created under this
subchapter.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.304. Application of Subchapter
a) This subchapter applies only to a county with a population of more than
20,000 or to a group of two or more contiguous counties each with a population
of 20,000 or more in which an emergency communication district was created
under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before
January 1, 1988, or to a public agency or group of public agencies that withdraws
from participation in a regional plan under Section 771.058(d).
b) This subchapter does not affect the authority of a public agency to operate
under another law authorizing the creation of a district in which 9-1-1 service is
provided.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1405, § 32, eft. Sept. 1, 1999.
772.305. Additional Territory
a) If a municipality that is part of a district annexes territory that is not part of
the district, the annexed territory becomes part of the district.
b) A public agency located in whole or part in a county adjoining the district,
by resolution adopted by its governing body and approved by the board of the
district, may become part of the district and subject to its benefits and
requirements.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.306. Board of Managers
a) A district is governed by a board of managers.
b) If the most populous municipality in the district has a population of more
than 140,000, the board consists of:
1) one member for each county in the district appointed by the
commissioners court of each county;
Appendix Health and Safety Code, Chapter 772.300
2) two members appointed by the governing body of the most populous
municipality in the district;
3) one member appointed by the governing body of the second most
populous municipality in the district;
4) one member appointed as provided by this section to represent the other
municipalities located in whole or part in the district; and
5) one member appointed by the principal service supplier.
c) If Subsection (b) does not apply to a district, the board consists of:
1) the following members representing the county or counties in the district:
A) if the district contains only one county, two members appointed by the
commissioners court of the county;
B) if the district originally contained only one county but contains more than
one county when the appointment is made, two members appointed by the
commissioners court of the county in which the district was originally located, and
one member appointed by the commissioners court of each other county in the
district; or
C) if the district originally contained more than one county and the district
contains more than one county when the appointment is made, one member
appointed by the commissioners court of each county in the district;
2) two members appointed jointly by all the participating municipalities
located in whole or part in the district;
3) one member appointed jointly by the volunteer fire departments operating
wholly or partly in the district, with the appointment process coordinated by the
county fire marshal or marshals of the county or counties in the district; and
4) one member appointed by the principal service supplier.
d) The board member appointed by the principal service supplier is a
nonvoting member. If the board is appointed under Subsection (c), the principal
service supplier may waive its right to appoint the board member and designate
another service supplier serving all or part of the district to make the
appointment.
e) The board member appointed under Subsection (b)(4) is appointed by the
mayor's council established to administer urban development block grant funds, if
one exists in the district. Otherwise, the member is appointed by the other
Appendix Health and Safety Code, Chapter 772.300
members of the board on the advice and recommendation of the governing
bodies of all the municipalities represented by the member.
f) The initial board members appointed by municipalities under Subsection
c)(2) are appointed by all the municipalities located in whole or part in the
district.
g) Board members are appointed for staggered terms of two years, with as
near as possible to one-half of the members' terms expiring each year.
h) A board member may be removed from office at will by the entity that
appointed the member.
i) A vacancy on the board shall be filled for the remainder of the term in the
manner provided for the original appointment to that position.
j) Board members serve without compensation. The district shall pay all
expenses necessarily incurred by the board in performing its functions under this
subchapter.
k) The board may appoint from among its membership a presiding officer and
any other officers it considers necessary.
I) The director or a board member may be appointed as secretary of the
board. The board shall require the secretary to keep suitable records of all
proceedings of each board meeting. After each meeting the presiding officer at
the meeting shall read and sign the record and the secretary shall attest the
record.
m) Voting members of the board may meet in executive session in
accordance with Chapter 551, Government Code.
n) A majority of the voting members of the board constitutes a quorum.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eft. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 638, § 15, eft. Sept. 1, 1995.
772.307. Powers and Duties of Board
a) The board shall control and manage the district.
b) The board may adopt rules for the operation of the district.
Appendix Health and Safety Code, Chapter 772.300
c) The board may contract with any public or private entity to carry out the
purposes of this subchapter, including the operation of a 9-1-1 system.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.308. Director of District
a) The board shall appoint a director of communication for the district and
shall establish the director's compensation. The director must be qualified by
training and experience for the position.
b) The board may remove the director at any time.
c) With the board's approval, the director may employ any experts,
employees, or consultants that the director considers necessary to carry out the
purposes of this subchapter.
d) The director shall perform all duties that the board requires and shall
supervise as general manager the operations of the district subject to any
limitations prescribed by the board.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.309. Budget; Annual Report; Audit
a) The director shall prepare under the direction of the board an annual
budget for the district. To be effective, the budget must:
1) be approved by the board;
2) be presented to and approved by the commissioners court of each county
in the district;
3) be presented to and approved by the governing body of the most populous
municipality in the district, if that municipality has a population of more than
140,000; and
4) be presented to the governing body of each other participating jurisdiction
and approved by a majority of those jurisdictions.
b) The board shall submit a draft of the proposed budget to the governing
bodies of the participating jurisdictions not later than the 45th day before the date
the board adopts the budget. The participating jurisdictions shall review the
proposed budget and submit any comments regarding the budget to the board.
Appendix Health and Safety Code, Chapter 772.300
c) If the governing body of a county, municipality, or other participating
jurisdiction does not approve or disapprove the budget before the 61 st day after
the date the body received the proposed budget for review, the budget is
approved by operation of law.
d) A revision of the budget must be approved in the same manner as the
budget.
e) As soon as practicable after the end of each district fiscal year, the director
shall prepare and present to the board and to each participating jurisdiction in
writing a sworn statement of all money received by the district and how the
money was used during the preceding fiscal year. The report must show in detail
the operations of the district for the fiscal year covered by the report.
f) The board shall have an independent financial audit of the district
performed annually.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1406, § 2, eft. Aug. 30, 1999.
772.310. Establishment of 9-1-1 Service
a) A district shall provide 9-1-1 service to each participating jurisdiction
through one or a combination of the following methods and features:
1) the transfer method;
2) the relay method;
3) the dispatch method;
4) automatic number identification;
5) automatic location identification;
6) selective muting; or
7) any equivalent method.
b) A district shall provide 9-1-1 service using one or both of the following
plans:
1) the district may design, implement, and operate a 9-1-1 system for each
participating jurisdiction with the consent of the jurisdiction; or
Appendix Health and Safety Code, Chapter 772.300
2) the district may design, implement, and operate a 9-1-1 system for two or
more participating jurisdictions with the consent of each of those jurisdictions if a
joint operation would be more economically feasible than separate systems for
each jurisdiction.
c) Under either plan authorized by Subsection (b), the final plans for the
particular system must have the approval of each participating jurisdiction
covered by the system.
d) The district shall recommend minimum standards for a 9-1-1 system.
e) A service supplier involved in providing 9-1-1 service, a manufacturer of
equipment used in providing 9-1-1 service, or an officer or employee of a
service supplier involved in providing 9-1-1 service is not liable for any claim,
damage, or loss arising from the provision of 9-1-1 service unless the act or
omission proximately causing the claim, damage, or loss constitutes gross
negligence, recklessness, or intentional misconduct.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 638, § 16, eft. Sept. 1, 1995.
772.311. Primary Emergency Telephone Number
The digits 9-1-1 are the primary emergency telephone number in a district. A
public safety agency whose services are available through a 9-1-1 system may
maintain a separate number or numbers for emergencies and shall maintain a
separate number or numbers for nonemergency telephone calls.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.312. Transmitting Requests For Emergency Aid
a) A 9-1-1 system established under this subchapter must be capable of
transmitting requests for fire-fighting, law enforcement, ambulance, and medical
services to a public safety agency or agencies that provide the requested service
at the place from which the call originates. A 9-1-1 system may also provide for
transmitting requests for other emergency services such as poison control,
suicide prevention, and civil defense.
b) A public safety answering point may transmit emergency response
requests to private safety entities.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
772.313. Powers of District
Appendix Health and Safety Code, Chapter 772.300
a) The district is a body corporate and politic, exemising public and essential
governmental functions and having all the powers necessary or convenient to
carry out the purposes and provisions of this subchapter, including the capacity
to sue or be sued.
b) To fund the district, the district may apply for, accept, and receive federal,
state, county, or municipal funds and private funds and may spend those funds
for the purposes of this subchapter. The board shall determine the method and
sources of funding for the district.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.314.9-1-1 Emergency Service Fee
a) The board may impose a 9-1-1 emergency service fee on service users in
the district.
b) The fee may be imposed only on the base rate charge or its equivalent,
excluding charges for coin-operated telephone equipment. The fee may not be
imposed on more than 100 local exchange access lines or their equivalent for a
single business entity at a single location, unless the lines are used by residents
of the location. The fee may also not be imposed on any line that the Advisory
Commission on State Emergency Communications excluded from the definition
of a local exchange access line or an equivalent local exchange access line
pursuant to Section 771.063. If a business service user provides residential
facilities, each line that terminates at a residential unit and that is a
communication link equivalent to a residential local exchange access line shall
be charged the 9-1-1 emergency service fee. The fee must have uniform
application and must be imposed in each participating jurisdiction.
c) The rate of the fee may not exceed six percent of the monthly base rate in
a service year charged a service user by the principal service supplier in the
participating jurisdiction. For purposes of this subsection, the jurisdiction of the
county is the unincorporated area of the county.
d) The board shall set the amount of the fee each year as part of the annual
budget. The board shall notify each service supplier of a change in the amount of
the fee not later than the 91st day before the date the change takes effect.
e) In imposing the fee, the board shall attempt to match the district's
revenues to its operating expenditures and to provide reasonable reserves for
contingencies and for the purchase and installation of 9-1-1 emergency service
equipment. If the revenue generated by the fee exceeds the amount of money
needed to fund the district, the board by resolution shall reduce the rate of the
fee to an amount adequate to fund the district or suspend the imposition of the
fee. If the board suspends the imposition of the fee, the board by resolution may
Appendix Health and Safety Code, Chapter 772.300
reinstitute the fee if money generated by the district is not adequate to fund the
district.
f) In a public agency whose governing body at a later date votes to receive
9-1-1 service from the district, the fee is imposed beginning on the date
specified by the board. The board may charge the incoming agency an additional
amount of money to cover the initial cost of providing 9-1-1 service to that
agency. The fee authorized to be charged in a district applies to new territory
added to the distdct when the territory becomes part of the district.
g) For the purposes of this section, the jurisdiction of the county is the
unincorporated area of the county.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, § 14, eft. Aug. 30, 1993; Acts 1999,
76th Leg., ch. 1203, § 5, eft. June 18, 1999.
772.315. Collection of Fee
a) Each billed service user is liable for the fee imposed under Section
772.314 until the fee is paid to the service supplier. The fee must be added to
and stated separately in the service user's bill from the service supplier. The
service supplier shall collect the fee at the same time as the service charge to the
service user in accordance with the regular billing practice of the service supplier.
A business service user that provides residential facilities and owns or leases a
publicly or privately owned telephone switch used to provide telephone service to
facility residents shall collect the 9-1-1 emergency service fee and transmit the
fees monthly to the district.
b) The amount collected by a service supplier from the fee is due monthly.
The service supplier shall remit the amount collected in a calendar month to the
district not later than the 60th day after the last day of the calendar month. With
each payment the service supplier shall file a return in a form prescribed by the
board.
c) Both a service supplier and a business service user under Subsection (a)
shall maintain records of the amount of fees it collects for at least two years after
the date of collection. The board may require at the board's expense an annual
audit of a service supplier's books and records or the books and records of a
business service user described by Subsection (a) with respect to the collection
and remittance of the fees.
d) A business service user that does not collect and remit the 9-1-1
emergency service fee as required is subject to a civil cause of action under
Subsection (g). A sworn affidavit by the district specifying the unremitted fees is
Appendix Health and Safety Code, Chapter 772.300
prima facie evidence that the fees were not remitted and of the amount of the
unremitted fees.
e) A service supplier is entitled to retain an administrative fee from the
amount of fees it collects. The amount of the administrative fee is two percent of
the amount of fees it collects under this section.
f) A service supplier is not required to take any legal action to enforce the
collection of the 9-1-1 emergency service fee. However, the service supplier
shall provide the district with an annual certificate of delinquency that includes
the amount of all delinquent fees and the name and address of each nonpaying
service user. The certificate of delinquency is prima facie evidence that a fee
included in the certificate is delinquent. A service user account is considered
delinquent if the fee is not paid to the service supplier before the 31st day after
the payment due date stated on the user's bill from the service supplier.
g) The district may institute legal proceedings to collect fees not paid and
may establish internal collection procedures and recover the cost of collection
from the nonpaying service user. If the district prevails in legal proceedings
instituted to collect a fee, the court may award the district court costs, attorney's
fees, and interest in addition to other amounts recovered. A delinquent fee
accrues interest at an annual rate of 12 percent beginning on the date the
payment becomes due.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, § 15, eft. Aug. 30, 1993; Acts 1995,
74th Leg., ch. 638, § 17, eft. Sept. 1, 1995.
772.316. District Depository
a) The board shall select a depository for the district in the manner provided
by law for the selection of a county depository.
b) A depository selected by the board is the district's depository for two years
after the date of its selection and until a successor depository is selected and
qualified.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.317. Allowable Expenses
Allowable operating expenses of a district include all costs attributable to
designing a 9-1-1 system and to all equipment and personnel necessary to
establish and operate a public safety answering point and other related
answering points that the board considers necessary.
Appendix Health and Safety Code, Chapter 772.300
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.318. Number and Location Identification
a) As part of computerized 9-1-1 service, a service supplier shall furnish
current telephone numbers of subscribers and the addresses associated with the
numbers on a call-by-call basis.
b) A business service user that provides residential facilities and owns or
leases a publicly or privately owned telephone switch used to provide telephone
service to facility residents shall provide to those residential end users the same
level of 9-1-1 service that a service supplier is required to provide under
Subsection (a) to other residential end users in the district.
c) Information furnished under this section is confidential and is not available
for public inspection.
d) A service supplier or business service user under Subsection (b) is not
liable to a person who uses a 9-1-1 system created under this subchapter for
the release to the district of the information specified in Subsections (a) and (b).
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, § 16, eft. Aug. 30, 1993; Acts 1995,
74th Leg., ch. 638, § 18, eft. Sept. 1, 1995.
772.319. Public Review
a) Periodically, the board shall solicit public comments and hold a public
review hearing on the continuation of the district and the 9-1-1 emergency
service fee. The first hearing shall be held three years after the date the order
certifying the creation of the district is filed with the county clerks. Subsequent
hearings shall be held three years after the date each order required by
Subsection (d) is adopted.
b) The board shall publish notice of the time and place of the hearing once a
week for two consecutive weeks in a daily newspaper of general circulation
published in the district. The first notice must be published not later than the 16th
day before the date set for the hearing.
c) At the hearing, the board shall also solicit comments on the participation of
the district in the applicable regional plan for 9-1-1 service under Chapter 771.
After the hearing, the board may choose to participate in the regional plan as
provided by that chapter.
Appendix Health and Safety Code, Chapter 772.300
d) After the hearing, the board shall adopt an order on the continuation or
dissolution of the district and the 9-1-1 emergency service fee.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.320. Dissolution Procedures
a) If a district is dissolved, 9-1-1 service must be discontinued on the date of
the dissolution. The commissioners court of the county in which the district was
located or, if the district contains moro than one county, the commissioners
courts of those counties acting jointly, shall assume the assets of the district and
pay the district's debts. If the district's assets are insufficient to retire all existing
debts of the district on the date of dissolution, the commissioners court or courts
acting jointly shall continue to impose the 9-1-1 service fee, and each service
supplier shall continue to collect the fee for the commissioners court or courts.
Proceeds from the imposition of the fee after dissolution of the district may be
used only to retiro the outstanding debts of the district.
b) The commissioners court or courts shall retire the district's debts to the
extent practicable according to the terms of the instruments creating the debts
and the terms of the orders and resolutions authorizing creation of the debts.
c) The commissioners court or courts by order may adopt the rules
necessary to administer this section.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.321. Issuance of Bonds
The board may issue and sell bonds in the name of the district to finance:
1) the acquisition by any method of facilities, equipment, or supplies
necessary for the district to begin providing 9-1-1 service to all participating
jurisdictions; and
2) the installation of equipment necessary for the district to begin providing
9-1-1 service to ail participating jurisdictions.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.322. Repayment of Bonds
The board may provide for the payment of the principal of and interest on the
bonds by pledging all or any part of the district's revenues from the 9-1-1
emergency service fee or from other sources.
Appendix Health and Safety Code, Chapter 772.300
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.323. Additional Security for Bonds
a) The bonds may be additionally secured by a deed of trust or mortgage lien
on part or all of the physical properties of the district and the rights appurtenant to
those properties, vesting in the trustee power to sell the properties for payment of
the indebtedness, power to operate the properties, and all other powers
necessary for the further security of the bonds.
b) The trust indenture, regardless of the existence of the deed of trust or
mortgage lien on the properties, may include provisions prescribed by the board
for the security of the bonds and the preservation of the trust estate and may
make provisions for investment of funds of the district.
c) A purchaser under a sale under the deed of trust or mortgage lien is the
absolute owner of the properties and rights purchased and may maintain and
operate them.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.324. Form of Bonds
a) A district may issue its bonds in various series or issues.
b) Bonds may mature serially or otherwise not more than 25 years after their
date of issue and shall bear interest at any rate permitted by state law.
c) A district's bonds and interest coupons, if any, are investment securities
under the terms of Chapter 8, Business & Commerce Code, may be issued
registrable as to principal or as to both principal and interest, and may be made
redeemable before maturity, at the option of the district, or contain a mandatory
redemption provision.
d) A district may issue its bonds in the form, denominations, and manner and
under the terms, and the bonds shall be signed and executed, as provided by the
board in the resolution or order authorizing their issuance.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.325. Provisions of Bonds
a) In the orders or resolutions authorizing the issuance of bonds, including
refunding bonds, the board may provide for the flow of funds and the
establishment and maintenance of the interest and sinking fund, the reserve
fund, and other funds and may make additional covenants with respect to the
Appendix Health and Safety Code, Chapter 772.300
bonds, the pledge revenues, and the operation and maintenance of any facilities
the revenue of which is pledged.
b) The orders or resolutions of the board authorizing the issuance of bonds
may also prohibit the further issuance of bonds or other obligations payable from
the pledged revenue or may reserve the right to issue additional bonds to be
secured by a pledge of and payable from the revenue on a parity with or
subordinate to the lien and pledge in support of the bonds being issued.
c) The orders or resolutions of the board issuing bonds may contain other
provisions and covenants as the board may determine.
d) The board may adopt and have executed any other proceedings or
instruments necessary and convenient in the issuance of bonds.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.326. Approval and Registration of Bonds
a) Bonds issued by a district must be submitted to the attorney general for
examination.
b) If the attorney general finds that the bonds have been authorized in
accordance with law, the attorney general shall approve them. On approval by
the attorney general, the comptroller shall register the bonds.
c) After the approval and registration of bonds, the bonds are incontestable in
any court or other forum for any reason and are valid and binding obligations
according to their terms for all purposes.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.327. Refunding Bonds
a) A district may issue bonds to refund all or any part of its outstanding
bonds, including matured but unpaid interest coupons.
b) Refunding bonds shall mature serially or otherwise not more than 25 years
after their date of issue and shall bear interest at any rate or rates permitted by
state law.
c) Refunding bonds may be payable from the same source as the bonds
being refunded or from other sources.
Appendix Health and Safety Code, Chapter 772.300
d) The refunding bonds must be approved by the attorney general as
provided by Section 772.326 and shall be registered by the comptroller on the
surrender and cancellation of the bonds refunded.
e) The orders or resolutions authorizing the issuance of the refunding bonds
may provide that they be sold and the proceeds deposited in the place or places
at which the bonds being refunded are payable, in which case the refunding
bonds may be issued before the cancellation of the bonds being refunded. If
refunding bonds are issued before cancellation of the other bonds, an amount
sufficient to pay the principal of the bonds being refunded and interest on those
bonds accruing to their maturity dates or to their option dates if the bonds have
been duly called for payment before maturity according to their terms shall be
deposited in the place or places at which the bonds being refunded are payable.
The comptroller shall register the refunding bonds without the surrender and
cancellation of bonds being refunded.
0 A refunding may be accomplished in one or in several installment
deliveries. Refunding bonds and their interest coupons are investment securities
under Chapter 8, Business & Commerce Code.
g) In lieu of the method set forth in Subsections (a)-(f), a district may refund
bonds, notes, or other obligations as provided by the general laws of this state.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.328. Bonds as Investments and Security for Deposits
a) District bonds are legal and authorized investments for:
1) a bank;
2) a savings bank;
3) a trust company;
4) a savings and loan association;
5) an insurance company;
6) a fiduciary;
7) a trustee;
8) a guardian; and
Appendix Health and Safety Code, Chapter 772.300
9) a sinking fund of a municipality, county, school district, and other political
subdivision of the state and other public funds of the state and its agencies,
including the permanent school fund.
b) Distdct bonds are eligible to secure deposits of public funds of the state
and municipalities, counties, school districts, and other political subdivisions of
the state. The bonds are lawful and sufficient security for deposits to the extent of
their value when accompanied by all unmatured coupons.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
772.329. Tax Status of Bonds
Because a district created under this subchapter is a public entity performing
an essential public function, bonds issued by the district, any transaction relating
to the bonds, and profits made in the sale of the bonds are exempt from taxation
by the state or by any municipality, county, special district, or other political
subdivision of the state.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.