S11-89 •
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
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