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S1-99 Ordinance No. S1-99 AN ORDINANCE AMENDING ORDINANCE NO. S13-90, AN ORDINANCE IMPOSING A SURCHARGE ON CERTAIN TELECOMMUNICATION CARRIERS FOR THE PURPOSE OF INSTALLING A 9-1-1 EMERGENCY TELEPHONE SERVICE WHEREAS, 50 ILCS 750/0 . 01 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 9-1-1 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 S14-88 established a surcharge of sixty-five ( $ . 65) per month on all telecommunication carriers engaged in the business of transmitting message by means of electricity within the corporate limits of the City of Elgin 001'* and terminating within the State of Illinois at a rate per network connection of sixty-five ($ . 65) per month; and WHEREAS, on April 4 , 1989 said surcharge was approved at the regular municipal election; and WHEREAS, on April 26 , 1989 Ordinance S14-88 was amended by Ordinance No. S11-89 ; and WHEREAS, on August 8, 1990 Ordinance S11-89 was amended by Ordinance S13-90 . WHEREAS, it is necessary and desirable to amend Ordinance S13-90 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Section 5 of Ordinance S13-90 passed on August 8, 1990, is amended to read as follows : "Section 5 . Emergency Telephone System Board All monies received by a board pursuant to a surcharge imposed under Section 1 shall be deposited into a separate interest-bearing Emergency Telephone System Fund account. The treasurer of the municipality or county that has established the board or, in the case of a joint board, any municipal or county treasurer designated in the intergovernmental agreement, shall be custodian of the fund. All interest accruing on the fund shall remain in he fund. No expenditures may be made from such fund except upon the direction of the board by resolution passed by a majority of all members of the board. Expenditures may be made only to pay for the costs associated with the following: 1 . 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, mobile data transmitters equipped with automatic vehicle locators, and maintenance, replacement and update thereof. 5 . The non-recurring charges related to installation of the Emergency Telephone System and the ongoing network charges . 6 . The acquisition and installation, or the reimbursement of costs therefore to other governmental bodies that have incurred those costs, of road or street signs that are essential to the implementation of the emergency telephone system and that are not duplicative of signs that are the responsibility of the jurisdiction charged with maintaining road and street signs . 7 . Other products and services necessary for the implementation, upgrade, and maintenance of the system and any other purpose related to the operation of the system, including costs attributable directly to the construction, leasing, or maintenance of any buildings or facilities or costs of personnel attributable directly to the operation of the system. Costs attributable directly to the operation of the emergency telephone system do not include the costs of public safety agency personnel who are and equipment that is dispatched in response to an emergency call . " Section 2 . This ordinance shall be in full force and effect upon passage and publication in the manner provided by law, provided further, this ordinance shall be deemed to apply retroactively to the 1998 fiscal year. Kevin Kelly, May Presented: February 24, 1999 Passed: February 24 , 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: Attest: j7 . Dolonna Mecum, City Clerk eft