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HomeMy WebLinkAboutORDINANCES-1990-043-O-905-1-90 5-10-90 43-0-90 AN ORDINANCE Placing Referendum for E911 Services on the November 6, 1990 Ballot • WHEREAS, the State of Illinois has enacted into law it the Emergency Telephone System Act (the "Act"); and WHEREAS, the Act enables counties and municipalities to impose a surcharge upon all telephone subscribers passed through telecommunication carriers at a rate per network connection in, order to implement and/or upgrade and maintain a "9-1-1" emergency telephone system and upgrade existing public safety communications system; and WHEREAS, the Act allows the telecommunications carrier collecting the surcharge to deduct 3% of the gross amount of surcharge collected; and WHEREAS, the Act further provides that before the surcharge may be imposed it must be authorized by a majority of the voters in a referendum by the county or municipality; and WHEREAS, the City Council of Evanstonfdeem it to be in the best interest of the City to upgrade and maintain a "9-1-1" emergency telephone system and to impose a surcharge on subscribers collected by the telecommunications carrier to pay for the costs associated therewith; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: A surcharge is hereby imposed, subject to the provisions of Section two, upon all telephone subscribers passed through telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of Evanston and terminating within the State of Illinois for funding of a • "9-1-1" emergency telephone system. SECTION 2: A referendum shall be placed by the City Clerk on the November 6, 1990 ballot for 1 43-0-90 all legal voters residing in the City of Evanston to vote upon the following question: Shall the City of Evanston impose a surcharge of up to • $0.75 cents per month per network connection, which surcharge will be added to the monthly bill you receive for telephone or telecommunications charges for the purpose of installing or improving a 9-1-1 emergency system and upgrading existing public safety communications system? Yes No SECTION 3: If a majority of the votes cast upon the question are in favor thereof, a surcharge is hereby imposed at a rate of 0.75 cents per month per in-serv%`ce network connection, as hereinafter defined. A network connection shall not be deemed to be in service where a subscriber's account is uncollectible. SECTION 4: For purpose of this ordinance the following definitions shall apply: a. "Network Connection" means the number of voice grade communication channels directly between a subscriber and a telecommunications carrier's public switched network without the intervention of any other telecommunications carriers switched network which would be • required to carry the subscriber's interpremises traffic. b. "Transmitting Messages" shall have the meaning ascribed to the term in Section 8-11-2 of the Illinois municipal code. C. "Telecommunications Carrier" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, municipal corporation or political subdivision of this State, or a receiver, trustee, conservator or other representative appointed by order of any court engaged in the business of transmitting messages by means of electricity. d. For the purposes of this Act "telecommunications carrier" does not include a cellular or other mobile communication carrier. SECTION 5: The City Clerk shall provide any telecommunication carrier subject to the • surcharge with a certified list of those network connections assigned to the City of Evanston to be exempt from imposition of the surcharge. The certified list may be revised by the City of Evanston on 60 days prior written notice provided to the telecommunication carriers. 2 43-0-90 SECTION 6: The surcharge shall be imposed on the first day of the month following the expiration of 90 days` from the date the City Clerk certifies to • the individual telecommunication carriers subject to the surcharge that the referendum referred to in Section Two has passed. SECTION 7: In lieu of the telecommunication carriers imposing a 3% accounting and collection charge on its subscribers as permitted under the Act, each telecommunications carrier is hereby authorized and instructed to recover said accounting and collection charge by deducting 3% from the gross amount of surcharge collected otherwise due and owing the City prior to remittance under Section Eight of this ordinance. SECTION 8: The amount of surcharge collected by the telecommunications carrier shall be paid to the Evanston Finance Director or his designee not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9.-1-1 system charges then due the particular telecommunication carrier, as shown on an itemized bill and the 3% accounting and collection charge described in Section Seven. SECTION 9: Simultaneously with the remittance described in Section Eight above each telecommunication carrier shall make a return to the City treasurer for the period to which the remittance applies stating as follows: 1. The name of the telecommunication carrier. 2. The telecommunication carrier's principal place of business. 3. The number of network connections to which the surcharge applies. • 4. The amount of surcharge due. 5. Such other reasonable and related information as the corporate authorities may require. SECTION 10: If it shall appear that an amount of 3 43-0-90 surcharge has been paid which was not due under the provisions of this ordinance, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this ordinance from the telecommunications carrier who made the erroneous payments; provided that no amount erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited. Ninety days prior notice shall be given to the Emergency Telephone System Board on any credit against a surcharge due. SECTION 11: No action to recover any amount of surcharge due under the provisions of this ordinance shall be commenced more than three (3) years after the due date of such amount. SECTION 12: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 13: This ordinance shall be in full force and effect from and after its p4.ssage, • approval, and publication in the manner provide"d" by law. Introduced: WO- j, Z� Adopted: ,(/tA-L ATTEST: Welk. City c",6' lerk Approved as to form: J-Corpora.' n Counsel n U , 1990 , 1990 Approved: , 1990 Mayor 4