Chapter 3-48


3-48-010    Surcharge imposed.

3-48-020    Referendum.

3-48-030    Definitions.

3-48-040    Network connections list.

3-48-050    Effective date of surcharge.

3-48-060    Accounting and collecting deduction.

3-48-070    Remittance of surcharge collected.

3-48-080    Records—Returns.

3-48-090    Overpayments.

3-48-100    Actions to recover surcharge.

3-48-010 Surcharge imposed.

A surcharge is imposed, subject to the provisions of Section 3-48-020 upon the monthly billed subscribers of telecommunication carriers residing within the city for funding of a 9-1-1 emergency telephone system. (Ord. 2974 § 1, 1992)

3-48-020 Referendum.

A.    A referendum shall be placed on the ballot for the November 3, 1992 general election for all legal voters residing in the city to vote upon the following question:

Shall the City of Harvey impose a surcharge of up to 1.25 per month per network connection, which surcharge will be added to the monthly bill you receive for telephone or telecommunications charges for the purpose of installing (or improving) a 9-1-1 emergency telephone system?

_____ Yes _____ No.

B.    If a majority of the votes cast upon the question are in favor thereof, a surcharge is imposed on monthly billed subscribers of telecommunication carriers residing within the city at a rate of one dollar and twenty-five cents ($1.25) per month per network connection, as hereinafter defined. (Ord. 2794 §§ 2, 3, 1992)

3-48-030 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A “monthly billed subscriber” shall be deemed to reside within the city if the service address, as hereinafter defined is located within the city.

“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 interpremises traffic.

“Service address” means the location of the subscriber’s telecommunications facilities accessing the network connection or connection(s) that are subject to the surcharge. If this is not a defined location, service address shall mean the location of a subscriber’s primary use of the network connection as defined by telephone number, authorization code, or location in Illinois where bills are set.

“Telecommunications carrier” means any natural individual, fine, 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. (Ord. 2794 §§ 4, 5, 1992)

3-48-040 Network connections list.

The city clerk shall provide any telecommunication carrier collecting the surcharge with a certified list of those network connections assigned to the city to be exempt from imposition of the surcharge. The certified list may be revised by the city on sixty days prior written notice provided to the telecommunication carriers. (Ord. 2974 § 6, 1992)

3-48-050 Effective date of surcharge.

The surcharge shall be imposed on the first day of the month following the expiration of ninety (90) days from the date the city clerk certifies to any of the telecommunication carriers who are required to collect the surcharge that the referendum referred to in Section 3-48-020 has passed. (Ord. 2974 § 7, 1992)

3-48-060 Accounting and collecting deduction.

Each telecommunication carrier is authorized and instructed to deduct three percent from the gross amount of surcharge collected prior to remittance under Section 3-48-070 in reimbursement for the expense of accounting and collecting the surcharge. (Ord. 2974 § 8, 1992)

3-48-070 Remittance of surcharge collected.

Every telecommunication carrier shall remit to the city comptroller the amount of surcharge collected for each calendar month within thirty (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 to the particular telecommunication carrier as shown on an itemized bill and the three percent accounting and collection charge described in Section 3-48-060. (Ord. 2974 § 9, 1992)

3-48-080 Records—Returns.

A.    Simultaneously with the remittance described in Section 3-48-070 each telecommunication carrier shall make a return to the city comptroller 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 collected;

5.    Such other reasonable and related information as the corporate authorities may require.

B.    Each telecommunications carrier making such a return shall maintain accurate books and records reflecting the surcharge collected and the fees deducted therefrom. Upon reasonable notice and at reasonable times, each telecommunications carrier shall make the said books and records available for inspection by the city for purposes of insuring compliance with this chapter. (Ord. 2974 § 10, 1992)

3-48-090 Overpayments.

It is shall appear that an amount of surcharge has been paid which was not due under the provisions of this chapter, 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 chapter, provided, that no amounts erroneously paid more than three years prior to the filing of a claim therefor shall be so credited. Ninety (90) days prior notice shall be given to the emergency telephone system board on any credit against a surcharge due. (Ord. 2974 § 11, 1992)

3-48-100 Actions to recover surcharge.

The corporation counsel may commence in any court of competent jurisdiction an action to recover a surcharge due from any person, firm or corporation under the terms of this chapter, including an action against any telecommunications carrier for an accounting of collections due the city when authorized to do so by the city council. No action to recover any amount of surcharge due under the provisions of this chapter shall be commenced more than three years after the due date of such amount. (Ord. 2974 § 12, 1992)