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HomeMy WebLinkAboutS11-89 • Ordinance No. S I I-89 AN ORDINANCE AMENDING 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-1 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; and WHEREAS, Ordinance SI4-88 established a surcharge of sixty-five cents ($.65) per month on all telecommunication carriers engaged in the business of transmitting messages by means of electricity within the corporate limits of the City of Elgin and terminating within the State of Illinois at a rate per network connection of sixty-five cents ($.65) per month; and WHEREAS, on April 4, 1989 said surcharge was approved at the regular municipal election; and WHEREAS, it is necessary and desirable to amend Ordinance 514-88. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ordinance S14-88 passed on December 28, 1988 is amended to odd the following: Section 8. For purpose of this ordinance the following definitions shall apply: a. "Network Connection" means the number of voice grade communica- tion 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 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. Section 9. The City Clerk shall provide any telecommunication carrier subject to the surcharge with a certified list of those network connections assigned to the municipality to be exempt from imposition of the surcharge. The certified list may be revised by the municipality on 60 days prior written notice provided to the telecommuni- cation carriers. Section 10. 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 any of the telecommunication carriers who are subject to the surcharge that the referendum referred to above has passed. Section II. In lieu of the telecommunication carriers imposing a 3% accounting and collection charge on its subscribers as permitted under the Act, each telecommuni- cation carrier is hereby authorized and instructed to recover said accounting and collec- tion charge by deducting 3% from the amount of surcharge otherwise due and owing the city prior to remittance under Section 12 of this ordinance. Section 12. Every telecommunication carrier shall remit to the City Treasurer the amount of surcharge due and owing for each calendar month within 30 days following expiration of each month to which the surcharge applies, net of any network or other "9-1-I" or sophisticated "9-I-I" system charge then due the particular telecommunica- tion carrier as shown on an itemized bill and the 3% accounting and collection charge described above. Section 13. Simultaneously with the remittance described above each tele- communication carrier shall make a return to the City Treasurer for the period to which the remittance applies stating as follows: I. 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 14. If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this ordinance, whether as the result of a mistake of act or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this ordinance from the telecommunciations carrier who made the erroneous payments; provided that no amounts 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 15. No action to recover any amount of surcharge due under the provi- sions of this ordinance shall be commenced more than three (3) years after the due date of such amount. s/ George VanDeVoorde George VanDeVoorde, Mayor L Presented: April 26, 1989 Passed: April 26 , 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk Low