E911 INFORMATION McDOWELL COUNTY COMMISSION
BY THE COUNTY COMMISSION OF MCDOWELL COUNTY AN ORDINANCE ENACTED UNDER CHAPTERS 7 AND 24 OR THE WEST VIRGINIA CODE AN ORDINANCE OF MCDOWELL COUNTY PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE, ENHANCED EMERGENCY TELEPHONE SYSTEM AND THE IMPOSITION OF A FEE UPON LOCAL, EXCHANGE SERVICE CONSUMERS TO FINANCE INSTALLATION AND RECURRING COSTS. WHEREAS, the McDowell County Commission has determined. that the installation of a countywide, enhanced emergency telephone system wodd allow any citizen in McDowell County to request emergency fire, police, ambulance or rescue services by simply dialing 91 1 fiom any telephone in the county; and WHEREAS, the McDowell County Commission seeks to promote the public health, &ety and general welfare of all individuals within the county by ensuring all requests for emergency assistance can be channeled through one central answering point t the appropriate emergency semw response agency, regardless of whether the caller is in an incorporated or unincorporated area of the county; and WHERIEAS, the McDowell County Commission intends to install and maintain an enhanced type of emergency telephone system that will upon completion, automatically connect a person dialing 91 1 with the county to the central answering point and provide prompt information on the location and telephone number fiom which the call is being made so that the source of a call for help can be locked in even if'the caller is disconnected or unable to communicate with emergency officials; NOW THEMFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF MCDOWELL COUNTY, WEST VIRGINIA, THAT THE PLAN HEREIN BE ADOPTED PROVIDING FOR THE INSTALLATION AND ONGOING OPERATION AN P APR I /-pgbw@ 3 aoa ' TELECOMMUNICATION$ SECTION - P$G
MAINTENANCE OF AN ENHANCED EMERGENCY TELEPHONE SYSTEM THAT WILL SERVE BOTH INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY IN ACCORDANCE WITH $7-1-~CC ad $24-6-2 THROUGH $24-6-9 OF THE CODE OF WEST VIRGINIA. COMPREHENSIVE PLAN FOR ENHANCED EMERGENCY TELEPHONE SYSTEM SECTION 1 - DEmTIONS ARTICLE 1 - - GENERAL PROVISIONS As used in this ordinance unless the context otherwise clearly indicates, the following words or phrases shall have the meanings hereinafter set forth (c) (d) (e) (f) County answering point means a f acility to which the enhanced emergency telephone system calls for the county are initially routed for response, and where county personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider or transferring the call to the appropriate provider. County Commission means the County Commission of McDoweU County, West Virginia. County means McDowell County, West Virginia Emergency Service Provider means any publicly fimded emergency service organization or public safety unit. Enhanced Emergency Telephone System means a telephone system which automatically connects the person dialing the primary emergency number to the county answering point and in which the telephone network system automatically provides to personnel receiving the call, information on the location and the telephone number &om which the call is being made, and upon direction fiom the personnel receiving the call routes or dispatches such call by telephone, radio or any other appropriate means of communication to other emergency service providers that are designated to serve the location &om which the call is made. Public Agency meam McDoweU County and all incorporated municipalities of the county which provide or have authority to provide fire-fighting, police, ambulance, medical rescue or other emergency services within the county. Those
municipalities shall inchde, but not be limited to, Anawalt, Bradshaw, Davy, Gary, Iaeger, Keystone, Kimball, Northfork, War and Welch. Public Safety Unit means the functional divisions of McDowell County and each county municipality which provides fire-fighting, police, medical, rescue or other emergency services. Cpublic Utility means Citizens Telecommunications, Verizion-West Virginia, War Telephone Company or any other company or organization engaged in providing local exchange telephone service to consumers in McDowell County. Telephone Company means a public utility which is engaged in the provision of telephone service. Regulating Agency means the West Virginia Public Service Commission which, by law, regulates services provided by a public utility. ARTICLE II - - MINIMUM REQUIREMENTS Pursuant to Article 6, Chapter 24 of the West Virrrinia Code and General Order 187.3, of the West Virginia Public Service Commission s Rules and Rerrulations for the Government of TeleDhone Utilities, minimum requirements for the enhanced emergency telephone system in McDowell County shall include: SECTION 2 - AVAILABILITY All territory in the county, including all municipal corporations in the county, which is provided local exchange telephone service by any phone company shall be included in the enhanced emergency telephone system. The emergency service providers of all political subdivisions that currently provide emergency services within the county shall participate in the enhanced emergency telephone system. SECTION 3 - COUNTY ANSWERING POINT The county answering point for the enhanced emergency telephone system will be the McDowell County Emergency Communications Center (MCECC) and it will provided W service for receiving and dispatching emergency c&, including receiving calls fiom the hearing impaired constantly. There will be one county answering point. The location of such answering point shall be as follows:
257 Virginia Ave., Suite 201 Welch, WV 24801 (c) All weas of McDowell County and all Municipal corporations will be served by the above answering point. The McDowell County Emrgency Communications Center shall be connected to the appropriate Telephone Companies network by designated facilities via ANI trunks and cornbmtion voice and data circuits. The McDowell County Emergency Communications Center will directly dispatch the police, fire, ambulance, rescue and emergency service calls for the following emergency Service providers on a continuous 24-hour basis: (1) McDowell County Sheriff's Department (2) West Virginia State Police (3) All municipal police departments (4) (5) (6) The McDowell County Ambulance Authority or its designated contractor McDowell County Office obmrgency Services McDowell County Volunteer Fire Departments, including, but not limited to: Anawak, Berwind, Bradshaw, Coalwood-Caretta, Davy, Gary, Iaeger, Keystone, Wball, McDowell, Northfork, Raysal Roderiield, War and Welch SECTION 4- EMERGENCY SERVICE PROVIDERS; RESOLUTION OF DISPUTES, HANDLING OF MISDIRECTED CALLS; PUBLICLY ACCESSIBLE TELEPHONE NUMBERS Every emergency service provider that provides emergency services with the territory of the county wiu be required to participate in the enhanced emergency telephone system. The emergency service providers referred to in subsection, above, shall be the following: (1) McDowell County Sherift's Department (2) West Virginia State Police (3) All municipal police departments (4) The McDowell County Ambulance Authority or its designated contractor (5) McDowell County Office of Emergency Services - (6) McDowell County Volunteer Fire Departments, including, but not limited to: Anawalt, Benvind, Bradshaw, Coahvood-Caretta, Day,
Gary, Iaeger, Keystone, Kimball, McDowell, Northfork, Ray4 Roderfield, War and Welch (c) (d) (e) (f) In the event of a dispute between the County and one or more emergency service providers, such dlspute, upon application to the Public Service Commission of West Virginia by any party to the dispute, may be resolved by order of the Public Service Commission of West Virginia. In the event a call is misdirected or dispatched to the wrong or inappropriate emergency service provider, the provider receiving the call shall inmediately either by radio or phone not* the MCECC personnel of the error so that a correct dispatch can be made. Each emergency service provider participating in the enhanced emergency telephone system shall maintain a publicly accessible 7-digit telephone number, which shall be appropriately listed in appropriate telephone directories, in addition to any telephone numbers provided in the system. Each local telephone system shall ensure, through installing a dial-tone-first option, that all coin operated telephones in McDowell County are equipped by the public utility, or the vendor who installs it, to permit a caller to dial 91 1 and initiate calk to the emergency telephone answering point without first having to insert a coin. ARTICLE 111 - PROJECTED COSTS SECTION 5 - COSTS The Costs of operating the local emergency telephone system are as follows: A monthly maintenance fee will be charged for as long as the 91 1 system is in operation. This fee shall be tariffed by the Public Service Commission and be based on each 1,000 local telephone Iines operational m the county. An estimated annual budget for the next five years of operation is attached to this ordinance, SECTION 6- ADMINISTRATIVE COSTS FOR FEE COLLECTION An administrative fees as established by tarif will be charged against actual collections of the enhanced emergency telephone system fee each month by the local telephone company. The fee will vary based on actual collections.
ARTICLE IV- CONSUMER FEE SECTION 7- IMPOSITION OF FEE; ESTABLISHMENT OF SEPARATE ENHANCED 91 1 FUND; PAYMENT OF COSTS NOT RECOVERED THROUGH FEE Pursuant to $7-1-3cc of the West Virginia Code, the McDoweU County Commission shall impose a fee of 290 cents per month per local exchange service be to 6.tmce the projected costs of establishing, equipping, fimishing and maintaining the enhanced emergency telephone system. Said fee shall be effective May 1,2001. To equalize the rates charged to PBX and Centrex systems, PBX lines will be charged at the rate of $2.90 per line per month and Centrex systems will be charged at the rate of $2.90 per line per month for the first eight lines and at the rate of one eigth of $2.90 per month for all additional lines. Any individual or individuals exempted firom paying normal telephone costs by an approved plan or exemption approved by the Public Service Commission of W shall be exempt fiom paying the enhanced 9-1-1 fee. All fees remitted under the above sections are to be deposited in a separate E-9-1-1 fee account. SECTION 8 - REGULATORY AUTHORITY ARTICLE V- RESOLUTION OF CONFLICTS In the event of any conflict arising between political subdivisions and the telephone company or companies providing services or among political subdivisions regarding the enhanced emergency telephone system, the West Virginia Public Service Commission shall upon application by any party, resolve such coaflict. Upon adoption, of this ordinance, the terms and conditions of the telecommunications services and facilities provided by the telephone companies will be governed by the applicable t& on file with and approved by the Public Service Commission of West Virginia, the rules, regubtions and orders of the Public Service Commission and the laws of the State of West Virginia. The telephone companies that will provide the services and hilities in subsection include but are not limited to: Citizens Cammunicatiom Verizon- West Virginia
The War Telephone company SECTION 9 - PROTECTIONS ARTICLE VI- LIMITATION OF LIABILITY Any public agency participating in the enhanced emergency telephone system established in McDowell County, WV, and any officer, agent or employee of such pubic agency or of the county is not liable for damages in a civil action for injuries, death or loss of persons or property arising from any act or omission, except wiuful and wanton misconduct, in connection with developing, adopting or approving any final plan or any agreement made pursuant to this ordinance, or otherwise bringing into operation an enhanced emergency telephone system pursuant to this ordinance. SECTION 10 - MISUSE OF 91 1 ARTICLE VII-PROHIBITIONS AND PENALTYS No person may knowingly use 9 1 1, the telephone number of the enhanced telephone system in McDowell County, to report an emergency if he or she knows that no such an emergency exists. No person may disclose or use, for any purpose other that for the enhanced emergency telephone system serving McDoweU County, any information contained in the database used for the enhanced telephone system pursuant to this ordinance. No person may wiufulry not pay the enhanced 9-1-1 fee charged on his phone bill. Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction shall be fined not less than two hundred dobs nor more than five thousand dollars, or imprisoned in the county jail for not more than one year, or both fined and imprisoned. ARTICLE VIII- ADOPTION PROCESS SECTION 11 PUBLIC HEARING The McDowell County Commission shall conduct a public hearing regarding the plan outlined in this ordinance to explain the enhanced emergency telephone system and receive comments fiom other public officials and interested parties. The public hearing shall commence on '.inthe Commission meeting room at the County Commission building.
(c) Copies of this ordinance shall be available for public inspection in the offices of the County Commission and the County Clerk during n o d working hours. At least thirty (30) days, but no more than sixty (60) days, before the public hearing, the County Commission shall publish a notice in a newspaper of general circulation of the date, purpose and location of the meeting and identifjhg where a copy of the proposal may be examined. SECTION 12 - ADOPTION At the conclusion of the pubic hearing, the McDowell County Commission will make a decision regarding the plan under which the enhanced emergency telephone system will be adopted, taking into consideration all writ~en and oral comments received. SECTION 13 - AMENDMENTS Any amendment to this ordinance shall be made only after notice of the proposed amendments is given, as provided in Section 17. The only changes exempted &om the formal amendment process shall be any rate or tariff adjustment made by the WV Public Service Commission or any agreement d e between the County Commission, its agents, any political subdivision or agency covered by this ordinance as it relates to the handling of emergency calls.. I Gordon 0. Lambert, President of the McDowell County Commission, cert~ that this is a true copy of the ordinance revision passed by the McDowell County Commission der its public hearing; on the day of,2001. Att