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