S-659 - 01/10/1989 - ELECTIONS - Ordinances R'�Fltllt�lANM
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ORDINANCE S- ('S!1 wtoi ' RGFrotemes To,
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AN ORDINANCE AUTHORIZING A MFZRURM
REGARDING A MMCHARG6 FOR AN EWM=D 9-1-1 SYBM
WHEREAS, by virtue of Public Act 85-978, effective December 16, 1987, the
General Assembly has amended the Emergency Telephone Number Act (Ill.Rev.Stat.
Ch. 134, Para 31 et se g.; and
WHEREAS, P.A. 85-978 provided for a monthly telephone surcharge for
Enhanced 9-1-1 Service for any person seeking police, fire, medical, rescue
and other emergency services; (Ill.Rev.Stat. Ch. 134, Para 31 at seq.; and
WHEREAS, pursuant to said amendment, the corporate authorities of any
municipality may, by ordinance, call for a binding referendum on the question
of imposing a surcharge on telecommunications carriers for the purpose of
installing or improving an enhanced 9-1-1 emergency telephone number system;
and
WHEREAS, the Act allows the telecommunications carrier to recover the
surcharge, including a 3% collection charge from its subscribers residing in
the incorporated and unincorporated limits of DuPage County; and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
be and they are hereby declared that Enhanced 9-1-1 is in 'the best interest of
the citizens of DuPage County, Illinois to provide an Enhanced 9-1-1 Emergency
telephone system and to impose a surcharge on telecommunications carriers to
be passed through to its subscribers to pay `or the costs associated therewith;
and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
hereby declare that it is in the best interest - the citizens of the Village
of Oak Brook to cause a referendum to be placed on the ballot at the
Consolidated Election, April 4, 1989;
NOW, THEREFORE, BE IT ORDAINED BY THE President and Board of Trustees of
the Village of oak Brook, Cook and DuPage Counties, Illinois as follows:
Section 1: That the foregoing recitals are hereby incorporated by
refereice as if fully set forth herein.
Section 2: Th4` a surcharge is hereby imposed, subject to the provisions
of Section 3, upon -.il telecommunication carriers engaged in the business of
transmitting messages by means of electricity originating within the corporate
limits of the Village of Oak Brook and terminating within the State of
Illinois for funding of an Enhanced 9-1-1 Emergency telephone system.
Section 3: That the following public question shall be submitted to the
electors of the Village of Oak Brook at the Consolidated Election on April 4,
1989:
Shall County of DuPage impose a surcharge
of up to 50* per month per network connection YES
on telecommunications carriers, which our-
charge expense will be added to the monthly
bill you receive for telephone or telecommun-
ications charges, for the purpose of installing NO
(or improving) a 911 Emergency telephone System?
i Section 4: The question referred to and met forth herein shall be
submitted to the voters of the Village of Oak Brook in accordance with the
general election law of the State of Illincie at the Consolidated Election to
be held on Tuesday, the 4th day of April, 1989.
Seat:ton 5: The Election shall be held in the voting precincts and at the
polling places established by the Cook County Clerk, cook County, Illinois,
roi., voters of the Village of r ik Brook at the Election.
M
Ordinance No. S-("J
An Ordinance Authorizing a
Referendum Regarding a Surcharge
For an Enhanced 9-1-1 System
Page 2
Section 6: The County Clerk of Cook County shall give notice of the
Election in accordance with the general election law of the State of Illinois
by publishing notice thereof once in one or more newspapers published and
having general circulation in the Village of Oak Brook, the dates of such
publication of said notice to be not more than 30 nor lesR than 10 days prior
to the date set for the Election.
Section 7: Said notice shall include the following:
NOTICE IS HEREBY GIVEN that, at the Consolidated Election to be held on
the 4th day of April, 1989, the follcwing question shall be submitted to
the voters of the Village of Oak Brook:
Shall County of DuPage impose a surcharge
of up to 50t per month per network connection YES
on telecommunications carriers, which sur-
charge expense will be added to the monthly
bill you receive for telephone or telecommun-
ications charges, for the purpose of installing NO
(or improving) a 911 Emergency telephone System?
The polls at said election will be opened at the hour of 6:00 a.m. and
continued open until 7:00 p.m. of that day.
Dated this day of - 1989•
i
Cook County Clerk
Section 8: The ballot to be used at the Election shall. be in
substantially the following form with such alterations, changes, in ,ertiens
and deletions as required by Article 24A of the Election Code if an electronic
mechanical or electric voting system (an "Electronic Voting System:) is used
at th:i Election:
(Face of Ballot)
OFFICIAL BALLOT
QUESTION TO AUTHORI2,E TELECOMMUNICATIONS SURCHARGE
Shalt. County of Dukage impose a surcharge
of up to 50¢ per month per network connection YES
on telecommunications carriers, which sur-
charge expense will be added to the monthly
bill you receive for telephone or telecommun-
ications charges, for the purpose of installing NO
(or, .improving) a 911 Emergency telephone System?
£lent), 9: Cf a majority of the votes cast upon the question are in
fnvor thereof, n surcharge is hereby Imposed at a rate of 50* per month per
in-nervic:e network connection, as hereinafter defined. A network connection
nhail riot: he deemed to be in-serv,i,ce where a subscriber's account is domed
uaexilirjrt;ibie by the teiecrmemanarations carrier.
4
Ordinance No. 5-1559
An Ordinance Authorizing a
Referendum Regarding a Surcharge
For an Enhanced 9-1-1 System
Page 3
s
Section 10: For the purposes of this Ordinance, the following
definitions shall apply:
A. "Transmitting Messages shall have the meaning ascribed to the term
in Section 8-11-2 of the Illinois Municipal Code.
B. "Telecommunication Carrier" means any natural individual, firm,
trust, estate, partnership, association, join 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 11: The Cook or DuPage County Clerks shall provide any
telecommunication carrier subject to the surcharge with a certified list of
those network connections assigned to the County of Cook or the County of
DuPage to be exempt from imposition of the surcharge. The certified list may
be revised by the Counties on 60 days prior written notice provided to the
telecommunication carriers.
Section 12: The surcharge shall be imposed on the first day of the month
following the expiration of 90 days from the date the DuPage or Cook County
Clerk certifies to any of the telecommunication carriers who are subject to
the surcharge that the referendum referred to in Section 3 has passed.
Section 13: Every telecommunication carrier shall remit to the custodian
of the Emergency Telephone System Fund 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 9-1-1 or
sophisticated 9-1-1 system charge then due the particular telecommunication
carrier as shown on an itemized bill.
Section 14: Simultaneously with the remittance subscribed in Section 14
above, each telecommunication carrier shall make a return to the DuPage County
Treasurer for the period to which the remittance applies, stating as follows:
(A) The name of the telecommunication carrier.
(B) The telecommunication carrier's principal place of business.
(C) The number of network connections to which the surcharge applies.
(D) The amount of surcharge due.
(E) Such other reasonable and related information as the corporate
authorities may require.
Section IS: 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 fact or an error of law, then such amount shall be
credited againut any surcharge due, or to become due, under this Ordinance
from the telecommunication carrier who made the erreiaous payments; provided
that no amounts erroneously paid more than three years prior to the filing of
a claim therefor shall be so credited.
Section 16: No action to recover any amount of surcharge due under the
provisions of this Ordinance shall be commenced more than three years after
the due date of such amount.
gaction 7: Thia Ordinance shall be in full force and effect from and
after i.ts passage and approval in the manner provided by law.
g!g112D_j11 h"hat copies of this ordinance be transmittal to 1) the Cook
Coarnty Clark; 2) DUCOMM, Att.n^ Ted Vratney; 3) DuPage Mayors and Manager
Conference; and 4) the DuPage County Board, Attns Nancy Hauptman.
. 1
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Ordinance No. S659
An ordinance Authorizing a
Referendum Regarding a Surcharge
For an Enhanced 9-1-1 System
Page 4
4
PASSED THIS 10th day of Jpnuary _, 1989.
Ayes: Trustees Bartecki, Bushy, 1mrie, Maher and Rush
Nays: None
Absent: None
Abstain: rrustee Winters
APPROVED THIS 0 day of anuaX;�Z_
Village President
Approved as to Form:
Vill ge Attorney
Published
Date Paper
Not Published XX
Attest:
Vill ge Clerk