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O-88-75r ORDINANCE NO. 0 -88 -75 AN ORDINANCE IMPOSING A SURCHARGE FOR THE 911 EMERGENCY TELEPHONE SYSTEM Published in pamphlet form this 21st day Of November , 1988 by the President and Board of Trustees of Deerfield 1 548951111588/19 ORDINANCE NO. 0 -88 -75 AN ORDINANCE IMPOSING A SURCHARGE FOR THE 911 EMERGENCY TELEPHONE SYSTEM WHEREAS, the State of Illinois has enacted into law the Emergency Telephone System Act (the "Act "); and WHEREAS, the Act enables counties and municipalities to impose a surchage on telecommunication carriers at a rate per network connection in order to implement and /or upgrade and mainatin a "911" emergency telephone system; and WHEREAS, the Act allows the telecommunication carrier to recover the surcharge, including a 3% collection charge, from its subscribers residing within the corporate limits of the county or municipality imposing the surcharge; 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, which referendum has been held and the majority of the voters of the Village of Deerfield voting on the proposition have approved the 911 emergency telephone system and the surcharge; and WHEREAS, the President and Board of Trustees deem it to be in the best interest of the Village of Deerfield to implement and maintain a "911" emergency telephone system and to impose a surcharge on telecommunication carriers to be passed through to its subscribers to pay for the costs associated therewith. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION A surcharge is hereby imposed upon all tele- ONE: communication carriers engaged in the business of transmitting messages by means of-electricity originating within the corporate limits of the Village of Deerfield and terminating within the State of Illinois for funding of a "911" emergency telephone system. SECTION A surcharge is hereby imposed at a rate of .50 ¢ TWO: per month per in- service.network connection, as hereinafter defined. A network connection shall not be deemed to be in- service where a subscriber's account is uncollectible. ORDINANCE NO. 0 -88 -75 AN ORDINANCE IMPOSING A SURCHARGE FOR THE 911 EMERGENCY TELEPHONE SYSTEM SECTION For purposes of this Ordinance, the following THREE: 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 inter - premises traffic. b. "Transmittng 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 venture, 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. SECTION The Village Clerk shall provide any telecommunication FOUR: carrier subject to the surcharge with a certified list of those network connections assigned to the Village of Deerfield to be exempt from imposition of the surchage. The certified list may be revised by the Village of Deerfield on 60 days prior written notice provided to the telecommunication carriers. SECTION The surcharge shall be imposed beginning January 1, FIVE: 1989 provided that the Village Clerk certifies to any of the telecommunication carriers who are subject to the surcharge that the referendum referred to above has passed. SECTION In lieu of the telecommunication carriers imposing a SIX: 3% accounting and collection charge on its subscribers as permitted under the Act, each telecommunication carrier is hereby authorized and instructed to recover said accounting and collection charge by deducting 3% from the amount of surcharge otherwise due and owing the Village of Deerfield prior to remittance under Section Seven of this Ordinance. V .. I ORDINANCE NO. 0 -88 -75 AN ORDINANCE IMPOSING A SURCHARGE R THE 911 EMERGENCY TELEPHONE SYSTEM SECTION Every telecommunication carrier shall remit to the SEVEN: Village 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 "911" or sophisticated "911" system charge then due the particular telecommunication carrier as shown on an itemized bill and the 3% accounting and collection charge described in Section Six. SECTION Simultaneously with the remittance described in Section EIGHT: Seven above, each telecommunication carrier shall make a return to the Village 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 If it shall appear that an amount of surcharge has NINE: 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 telecommunication carrier who made the erroneous payments; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefor 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 No action to recover any amount of surcharge due TEN: under the provisions of this ordinance shall be commenced more than three (3) years after the due date of such amount. ORDINANCE NO. 0 -88 -75 AN ORDINANCE IMPOSING A SURCHARGE FOR THE 911 EMERGENCY TELEPHONE SYSTEM SECTION The President and Board of Trustees are hereby ELEVEN: appointed as the Emergency Telephone System Board and shall have all powers and responsibilities of the Emergency Telephone System Board as imposed by the Act and hereunder. SECTION That the Village Clerk is hereby directed to publish TWELVE: this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and effect THIRTEEN: from and after its passage, approval and publication, as provided by law. AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 21st day of November A.D. 1988 APPROVED this 21st day of November , A.D. 1988. VILLAGE PRESIDENT ATTEST: !:!=�- VILLAGE CLEPA STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) VILLAGE OF DEERFIELD ) The undersigned hereby certifies-!that she is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois and that the attached is a true and accurate copy of the signatures of members of the Canvassing Board for the Abstract of Votes for the Public Policy as it appeared on the ballot November 8, 1988. QUESTION OF PUBLIC POLICY AS IT APPEARED ON BALLOT "Shall the Village of Deerfield, Illinois, impose a surcharge of up-.-to $.50 per month per network connection on telecommunication carriers, which surcharge expense will be added to the monthly bill you receive for telephone or telecommunications charges for the purpose of installing a 9 -1 -1 emergency system ?" as appears in the records and files of the office of Village Clerk. Dated this November 24, 1988 SEAL Naomi S. Clampitt Village Clerk 1 I ABSTRACT OF VOTES FOR QUESTIONS OF.PUBLIC.POLICY ONLY TO: Lake County Clerk, in the County of Lake and the State of Illinois. 1 We, the undersigned members of the canvassing board of the Village of (governmental unit Deerfield do hereby certify that on November 14 19 88 we can- vassed the returns of an election held.on November 8 19 88 and we do proclaim that a total of 8473 voters requested and received ballots and we do further certify that the following Question of Public Policy did receive the number of votes herein recorded. (Canvassing Board: Please include the question as it appeared on the ballot as well as the votes in favor and against such proposition. USE ONLY ONE SHEET PER QUESTION.) UESTION OF PUBLIC POLICY AS IT APPEARED ON BALLOT VOTES RECEIVED IN FAVOR AGAINST 6416 2057 "Shall the Village of Deerfield, Illinois, impose a surcharge of up to $.50 per month per network connection on telecommunication carriers, which surcharge expense will be added to the monthly bill you receive for telephone or telecommunications charges.for the purpose of installing a 9 -1 -1 emergency system ?" We further certify that the above is a.true and complete Abstract of Votes and was Pr ared in our presence this 14th day of November A.D. 1988 Member of Canv ssing Board) 7,:C 7ssiinBoard) Me er of anvassing Boar I e,r Ier of JFv/� sing Board km7er or uanvassin/g boara) �ber of'Canva i ember of Canvassing Board Member of Canvassi NOTE: "Each local canvassing board shall immediately transmit a signed copy or original duplicate of Its completed Abstract of Votes to each election authority having jurisdiction over any of the respective political sub- division, and to the State Board of Elections...:" Chapter 46, Sec.22- Illinois Revised Statutes. VI LAGE.°p F DFERFIELD..,,..some_... -01. Y.ES :911 T--- HONE SYSTEM O1 02 DEERFIELD 84 515 111 ..—D.E- ERJi.I_E -L D— .:3 -59 GENERAL ELECTION -- NOVEMBER 8, 1988 LAKE CDUNTY, ILLINOIS SUMMARY OF BALLOTS CAST 02 PAGE 2 ::We DEERFIELD 36 .455 105 ,W. DEERF:IELD 363 323 94 _ < Vii, DEERFIELD 394 1.59 9 ' I„ 3 • l° RF- 1- EL =D W. DEERFIELD -3b 5 :366 3,2 -i 254 i:3 b -95 W. DEERFIELD 367 461 149 We DEERF-IELD 368 331 101 - EIRF—I.Et.D -3.69 2 -82 1 -4 - W. DE ERF i ELD -370 " 38.1. 156 , DEERF;IELD. =371. 4813 137 O`E ERF3 ELD 372 8. 2.23 74 E.EBF_I_E LDS 3 73 ' -4 6.6 3:0 W. DEERFIELD 374 349 93 ,• ,> W. DEERFIELD 375 435 136 W. DEERFIELD 376 387 124 9 FINA TOTALS: 6416 2.057 3 • =ILTE OF =Z -TNOIS ) _ COM, —,..r-S Of LAM ia1.Ma t00K ) SS The undersigned hereby certifies that she is the duly appointed Village Clerk of the tillage of Deerfield, lake and Cook Counties, Illinois and that the attached is a true and accurate copy o: nunTNAN�F No n_RR -75 a,ir;flarl "AN ORDINANCE IMPOSING A SURCHARGE FOR THE 911 EMERGENCY TELEPHONE SYSTEM" passed by the President and Board of 7�rustees cf the said C_ =iage at.a regular meeting thereof held an November 21, 1988 and.nov in f%::_1 force and effect, ! as appears is the .ecords and fries cf the c_ =ice of the S"rlage Clerk. . Dated th= s Nnvamher 24, 1989 . pia W.' ✓. ��c. �: -� , c=1age ClET K SIUL