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County Council Ordinance - October 1997GIBSON COUNTY COUNCIL ORDINANCE NO. 1997- ��j AN ORDINANCE ESTABLISHING THE ENHANCED EMERGENCY TELEPHONE SYSTEM AND RELATED FEE WHEREAS, Indiana Code 36-8-16 authorizes counties in the State of Indiana to adopt an ordinance to establish a telephone system that utilizes the three digit "911" to send automatic number identification and automatic location identification for reporting various emergency situations; and WHEREAS, Indiana Code 36-8-16-5 specifically authorizes the county fiscal body to impose a monthly enhanced emergency telephone system fee for each exchange access facility used in the County; and WHEREAS, Indiana Code 36-8-16-5 mandates that any fees established must be sufficient to pay the cost of installation and operation of the enhanced emergency telephone system for all participating agencies; and WHEREAS, the Gibson County Council hereby finds that the establishment and funding of an enhanced emergency telephone system would be in the best interest of the residents and citizens of Gibson County, Indiana. NOW, THEREFORE, BE IT ORDAINED by the County Council of Gibson County, Indiana, as follows: Section 1. Under the authority of and subject to the provisions of Indiana Code 36-8-16 an emergency telephone system fee is hereby established for the funding of the installation and operation of the enhanced emergency telephone system in Gibson County, Indiana. The fee shall be collected from the telephone service users of Gibson County, Indiana, and administered in accordance with Indiana Code 36-8-16 ��67 and the following terms. Section 2. Definitions: A. Enhanced emerqencv telephone svstem - As used in this ordinance "enhanced emergency telephone system" shall mean a telephone system shall mean a telephone system that uses the three digit 911 number to send automatic number identification and automatic location identification for reporting police, fire, medical or other emergency situations. B. Emerqencv access facilitv - As used in this ordinance "exchange access facility° shall mean the access from a particular service user's premises to a telephone system, which shall include (1) an access line; (2) a private branch exchange (PBX) trunk; (3) a centrex line trunk equivalent all of which are provided by the service supplier; and (4) a mobile telephone system access trunk, whether the trunk is provided by a telephone system or a radio common carrier. The term does not include (1) a service supplier owned and operated telephone pay station line; (2) a wide area telecommunications service (WATS); (3) a foreign exchange (FX) line; or (4) an incoming only line. C. Service supplier - As used in this ordinance "service supplier� means a person who provides exchange telephone service to a service user. D. Service user - As used in this ordinance "service user" shall mean a person to whom exchange telephone service is provided. Section 3. Monthly fee. A monthly fee of $1.36. telephone access line or other exchange access facility shall be collected by the service supplier for each month or part of a month an exchange access facility is in service as a part of its normal billing process. Section 4. Service supplier fee. Each service supplier that collects the enhanced emergency telephone system fee on behalf of Gibson County shall be entitled to a three percent (3%) administrative fee as compensation for collecting tfie monthly fee. Section 5. Remittal of fee. Each service suppiier shall remit all monthly fees , •� 3�67 collected, except for the three percent (3%) administrative fee, to the Treasurer of Gibson County, Indiana, within ten (10) days of the last day of each month. At the same time the fees are remitted, the service supplier shall provide a fee collection report to the Auditor of Gibson County, Indiana, a form approved or provided by the Auditor. Section 6. Establishment of Fund. The Treasurer of Gibson County, Indiana, shall establish a separate fund for the deposit of collected fees. The fund shall be known as "The Gibson County Enhanced Emergency Telephone System Fund". All fees remitted by the service supplier shall be deposited in said fund. The Gibson County Treasurer may invest said money in said fund in the same manner that other money of Gibson County may be invested. All income earned from such investments shall be deposited in said fund. Section 7. Use of Fees. The fees imposed in the Gibson County Enhanced Emergency Telephone System Fund shall be used only for the payment of the following: A. The lease, purchase, or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; B. The rates associated with the service suppliers' enhanced emergency telephone system network services; and C. The personnel expenses of the emergency telephone system. The County Council of Gibson County may appropriate money in the fund only for such expenditures. Section 8. Delinquent Fee Report. During January of each year, each service supplier that collects the fee for Gibson County shall provide the Treasurer of the County with a delinquent fee report. The service supplier shall list the name and address of each service user who is two or months delinquent in paying the fee. The service supplier shall also indicate the amount of delinquent fees for which each person included on the list is liable. Section 9. Commencement of fee collection. Each service supplier shail commence collection of the enhanced emergency telephone system fee as soon as is administratively practicable after the effective date of this ordinance. Section 10. Effective date. This ordinance shall be in full force and effect on the first day of the second month after its passage by the Gibson County Council. Section 11. Indiana Code Controlling. This ordinance shall be applied, construed and administered in accordance with Indiana Code 36-8-16. In the event that Indiana Code 36-8-16 shall be amended by the State of Indiana in such a manner as to become inconsistent and in conflict with the provisions hereof, this ordinance shall, be amended to include and adopt the amendatory provisions of Indiana Code 26- 8-16 as if the same were fully incorporated herein. ��� Passed and adopted by the Gibson County Council on the�,� day of 0 . � _��._ .. ATTEST: ,�v..� �A� Ken Greubel, Gibson County Auditor GIBSON COUNTY COUNCIL �w,.�r O�� �(`��L-' c.si/ Warner E. Clem _.1 ��. _� �L��.� = _' . _ - � �► 1 ��� � -.-.. - . �� � �_ ..-. ._ � i� , �.�.� _,� -. : � � nda K. Hoover � Ray ewig c� ,_ JERRY D. STILWELL TO: �lttomev at Law H�M�RANDLJM Gibson County Council FROM: Jerry D. Stilwell DATE RE: August 19, 1997 911 `:i 302 NORTH PRINCE STREET PRINCETON, IVDLINA 47670 TELEPHONE: (B121 386-6482 FAX: (BI21 386�64b0 Applicable laws regarding emergency telephone systems are set forth in I.C. 36-8-16. I.C. 36-8-16-5 provides that the fiscal body of a county may adopt an ordinance to impose a monthly enhanced emergency telephone system fee for each exchange access facility used within a county. If the county fiscal body decides to impose a countywide fee and establish the system, the county shall allow all public emergency response agencies in the county to participate in the system. The law provides that the fee must be sufficient to pay the cost of the installation and operation of the enhanced emergency telephone system for a11 participating agencies. not used I.C. 36-8-16-6 provides that the fee must be uniform and may vary according to the type of exchange access facilities . The ordinance imposing a fee may not impose a fee that exceeds 10� of the average monthly telephone access line charge within the county. - If an ordinance is first day of the second ordinance is adopted._ adopted, it is to take effect on the month after the month during which the The Gibson County Commissioners did adopt a Resolution recommending that the enhanced emergency telephone system be implemented. Accordingly, under I.C. 36-8-16-5 the County Council has 90 days from that date to respond to this request. If the County Council does decide to impose the countywide fee, installation of the system must begin within 180 days from adoption of the ordinance. I.C. 36-8-16-11 provides that a person who uses an exchange access facility is liable for the monthly enhanced emergency telephone system fees which might be imposed. Each service supplier is to collect a fee from those service.users to whom it IT� ! W 1 Gibson County Council August 19, 1997 Page 2 provides telephone service. This fee is to be collected as a part of the normal monthly billing process. During January of each year, each service supplier which collects a fee is to provide the County Treasurer with a delinquent fee report. Each service supplier is entitled to a 3% administrative fee as compensation for collecting the fees. The service supplier is to remit the rest of the fees it collects during a calendar quarter to the treasurer within 10 days after the last day oL the quarter. The County Treasurer is to deposit the fees in a separate fund to be known as the Gibson County Emergency Telephone System Fund. Any interest earned on that fund is to remain within that fund. I.C. 36-8-16-4 provides that the fees shall be used only to pay for the following: 1. The lease, purchase, or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software and database provisioning. 2. The rates associated with the suppliers' enhanced emergency telephone system network services; and 3. The personnel expenses of the emergency telephone system. These monies may be appropriated only for these expenditures. I.C. 36-8-16-15 provides that the county may contract with a service supplier over any term negotiated and may make payments from the fund to prodide any payments required by that contract. Tne county may negotiate and enter into a lease, contract or other obligation for the purpose of procuring funds to make the payments required and may use money in the fund to make payments of debt service on any bonds or other obligations which might be required. JDS/pjr Sincerely, '/ �v �/�� Jerry D. Stilwell