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Ordinance No. S 14-88
AN ORDINANCE
IMPOSING A SURCHARGE ON CERTAIN TELECOMMUNICATION CARRIERS
FOR THE PURPOSE OF INSTALLING A 9-I-I EMERGENCY TELEPHONE SYSTEM
WHEREAS, Illinois Revised Statutes, 1985, Ch. 134, Par. 31, et seq., known as the
"Emergency Telephone System Act" (hereinafter the "Act") authorizes municipalities
engaged in the business of transmitting messages by means of electricity originating
within the corporate limits of the municipality and terminating within the State of
Illinois to impose a surcharge within the corporate limits of the municipality in order to
pay for the installation, upgrading and maintenance of a 9-I-I Emergency Telephone
System; and
WHEREAS, the Act further provides that upon the passage of an ordinance
imposing such a surcharge by a municipality, the question of whether such surcharge may
be imposed shall be submitted to the electors of the municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. There is imposed a surcharge on all telecommunication carriers
engaged in the business of transmitting messages by means of electricity within the
corporate limits of the City of Elgin and terminating within the State of Illinois at a rate
per network connection of sixty-five ($.65) per month.
Section 2. For purposes of computing the surcharge imposed by Section 1, the
network connections to which the surcharge shall apply shall be those in-service network
connections, other than those network connections assigned to the City of Elgin and all
other local governmental entities located therein, where the subscriber service address
for each such network connection or connections are located within the corporate limits
of the City of Elgin. The term "service address" shall mean the location of the
subscriber's primary use of the network connection or connections.
Section 3. The amount of surcharge due and owing shall be paid to the Treasurer
of the City of Elgin not later than thirty (30) days after the surcharge liability accrues,
net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the
particular telecommunications carrier, as shown on an itemized bill.
Section 4. There is hereby created an Emergency Telephone System Board
consisting of five (5) members who shall be appointed by the Mayor with the advice and
consent of the City Council. Members shall be chosen on the basis of their ability or
experience and shall serve without compensation, but shall be reimbursed for their actual
and necessary expenses. The powers and duties of the Emergency Telephone System
Board shall be as follows:
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(I) Planning a 9-I-I- system.
(2) Coordinating and supervising the implementation, upgrading or
maintenance of the system, including the establishment of equipment
specifications and coding systems.
(3) Receiving monies from the surcharge imposed under Section I
and from any other source, for deposit into the Emergency Telephone
System Fund.
(4) Authorizing all disbursements from the Emergency Telephone
System Fund.
(5) Hiring, on a temporary basis, any staff necessary for the
implementation or upgrade of the system.
Section 5. All monies received pursuant to the surcharge imposed under Section I
shall be deposited into an Emergency Telephone System Fund. The Treasurer of the City
of Elgin shall be custodian of the fund. All interest accruing on the fund shall remain in
the fund. No expenditures may be made from such fund except upon the direction of the
Emergency Telephone System Board by resolution passed by a majority of all members of
the Emergency Telephone System Board. Expenditures may be made only to pay for the
costs associated with the following:
(I) The design of the Emergency Telephone System.
(2) The coding of an initial Master Street Address Guide data base,
and update and maintenance thereof.
(3) The repayment of any monies advanced for the implementation
of the system.
(4) The charges for Automatic Number Identification and
Automatic Location Identification Equipment, and maintenance, replace-
ment and update thereof.
(5) The non-recurring charges related to installation of the
Emergency Telephone System and the ongoing network charges.
(6) Other products and services necessary for the implementation,
upgrade and maintenance of the system. However, such costs shall not
include personnel or facilities, nor shall such costs include equipment which
is not directly associated with the 9-I-I Emergency Telephone System.
Section 6. This ordinance shall be in full force and effect on the first day of the
month following its approval by majority of the electors voting thereon.
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Section 7. That the Clerk of the City of Elgin is hereby directed to certify the
question of whether the surcharge as set forth in this ordinance may be imposed to the
Clerks of Kane and Cook Counties to submit the public question to the electors of each
county in accordance with the general election law at the regular municipal election
which will be held on April 4, 1989. The public question shall be in substantially the
following form:
Shall the City of Elgin impose a surcharge of
up to $.65 per month per network connection YES
on telecommunications carriers, which surcharge
expense will be added to the monthly bill you
receive for telephone or telecommunications
charges, for the purpose of installing (or NO
improving) a 9-I-I Emergency Telephone System?
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: December 28, 1988
Passed: December 28 , 1988
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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