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HomeMy WebLinkAboutOrd 4016 01/03/1989ORDINANCE NO. 4016 AN ORDINANCE TO ESTABLISH A 9-1-1 EMERGENCY TELEPHONE SYSTEM AND TO PROVIDE A METHOD OF FUNDING SUCH A SYSTEM PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 3rd day of January , 1989 Published in pamphlet form by authority of the corporate authorities of the V~llage of Mount Prospect, Illinois, the 9th day of January , 1989. ORDINANCE NO. 40 16 AN ORDINANCE TO ESTABLISH A 9-1=1 EMERGENCY TELEPHONE SYSTEM AND TO PROVIDE A METHOD OF FUNDING SUCH A SYSTEM, WHEREAS, the State of Illinois has enacted into law the Emergency Telephone System Act (Chapter 13#, Section 30.01 et seq. Illinois Revised Statues) hereinafter called the "Act;" and WHEREAS, the Act enables municipalities to impose a surcharge on telecommunica- tion carriers at a rate per network connection in order to implement and/or upgrade and maintain a "9-1-1" emergency telephone system; and WHEREAS, Section 9-221.1 of Chapter 111 2/3 of the Illinois Revised Statutes allows the telecommunication carrier to recover the surcharge which includes a 3% accounting charge from its subscribers residing within the corporate limits of the municipality imposing the surcharge; and WHEREAS, the Act allows two or more municipalities to form a 3oint Emergency Telephone System Board; and WHEREAS, the Act further provides that before the surcharge may be imposed it must be authorized by a majority of all votes cast in a referendum in all municipalities participating in a 2oint Emergency Telephone System Agency; and WHEREAS, the Board of Trustees of the Village of Mount Prospect deems it to be in the best interest of the Village of Mount Prospect to implement and/or upgrade and maintain a sophisticated "9-1-1" emergency telephone system and to impose a surcharge on telecommunication carriers to be passed through to tis subscribers to pay for the costs associated therewith; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT 'PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Village of Mount Prospect shall by means of an Inter- governmental Cooperation Agreement participate with the Villages of Arlington Heights, Buffalo Grove and Elk Grove Village and such other municipalities as shall from time to time elect to participate in a 3oint Emergency Telephone System Agency (designated as the Northwest Central 9-1-1 System) pursuant to Section 13.g of the Act. SECTION TWO: A surcharge is hereby imposed, subject to the provisions of Section Three, upon all telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the Village of Mount Prospect and terminating within the State of Illinois for funding of a "9-I-1" emergency telephone system. SECTION THREE: A referendum shall be placed by the Village on the April #, 1989 ballot for all legal voters residing in the Village of Mount Prospect to vote upon the following question: Shall the Village of Mount Prospect impose a surcharge of up to seventy-five (75) cents per month per network connection on telecommumcatlons carFleFs, which surcharge expense will be added to the monthly bill you receive for telephone or telecommumcattons charges, for the purpose of installing a 9-1-1 Emergency Telephone System? Yes No SECTION FOUR: If a majority of the total votes cast upon the question in all Villages participating in the Northwest Central 9-1-1 System are in favor thereof, a surcharge is hereby imposed at a rate of 75 cents per month per in-service network connection, as hereinafter defined. A network connection shall not be deemed to be m-service where a subscrlberts account IS uncollectable. SECTION FIVE: For purpose of this ordinance the following definitions shall apply; "Network Connection" means a voice grade communication channel 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 mterpremises traffic. "Transmitting Messages" shall have the meaning ascribed to the term in Section 8-J 1-2 of the Illinois Municipal Code. "Telecommunications Carrier" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, municipal corporation or political sub- division 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 SIX: The Village Clerk shall provide any telecommunications carrier subject to the surcharge with a certified list of those network connections assigned to the Village of Mount Prospect to be exempt from imposition of the surcharge. The certified list may be revised by the Village on 60 day prior written notice provided to the telecommunications carriers. SECTION SEVEN: The surcharge shall be imposed on the first day of the month following the expiration of 90 days from the date the Village Clerk certifies to any of the telecommunications carriers who are subject to the surcharge that the referendum referred to in Section Three has passed. SECTION EIGHT: In lieu of the telecommunications carriers imposing a 3% accounting charge on its subscribers as permitted under the Act, each telecommunications carrier IS hereby authorized and Instructed to recover said accounting charge by deducting 3% from the amount of surcharge otherwise due and owing the Village prior to remittance under Section Nine of this ordinance. SECTION NINE: Every telecommunications carrier shall remit to the designated Northwest Central 9-1-1 System 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 "9-1-1" or sophisticated "9-1-1" system charge then due the particular telecommunications carrier as shown on an itemized bill and the 3% accounting charge described in Section Eight. SECTION TEN: Simultaneously with the remittance described In Section Nine above each telecommunications carrier shall make a return to the Northwest Central 9-1-1 System Treasurer for the period to which the remittance applies stating as follows: I. The name of the telecommunications carrier. 2. The telecommunications carrier's principal place of business. 3. The number of network connections to which the surcharge applies for the Village of Mount Prospect. #. The amount of surcharge due. .5. Such other reasonable and relevant information as the corporate authorities may require. ECTION ELEVEN: 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 against any surcharge due~ or to become du% under this ordinance from the tele- communications carrier who made the erroneous payments provided that no amounts erroneously paid more than three (5) years prior to the filing of a claim therefore shall be so credited. Ninety (90) days prior notice shall be given to the Northwest Central 9-1-1 System Board on any credit against a surcharge due. SECTION TWELVE: No action to recover any amount of surcharge due under the provisions of this ordinance shall be commenced more than three (3) years after the due date of such amount. SECTION THIRTEEN: The Intergovernmental Cooperation Agreement, whereby the Village of Arlington Heights~ the Village of Buffalo Grove the Village of Elk Grove Village and the Village of Mount Prospect, would initially enter into the Northwest Central 9-1-1 System is hereby approved. A true and correct copy of said Agreement is attached and made a part of this ordinance. SECTION FOURTEEN: The Village President and Village Clerk are hereby authorized to execute said agreement for and on behalf of the Village of Mount Prospect, Illinois. SECTION FIFTEEN: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Floros, Farley, VanGeem, Murauskrs NAYS: None ABSENT: Wattenberg PASSED and APPROVED this 3rdday of Januarq , 1989 ATTEST: Carol A. Fields Village Clerk Carolyn FS. Kraus~ Village President (R~vm~12/16/88) NORTHWEST CENTRAL 9-1-1 SYSTEM INTERGOVERNMENTAL COOPERATION AGREEMENT TKIS A~REEF~ENT, entered into on the effective date specified hereafter, by and between the local government~ signatory hereto and also those which may hereafter become signatory: WITNESSETH= WHEREAS, the signatories have determined that the implementation of a 9-1-1 Emergency Telephone System would provide a significant public safety enhancement to the citizens of each of the participating municipalities; and WHEREAS, the signatories have determined that a Joint Emergency Telephone System would be beneficial on an individual and mutual basis and . WHEREAS, Chapter 134, Section 30.01 et seq. of the Illinois Revised S_tat~tes permits the formation of a Joint Emergency Telephone System Board to oversee the implementation and operation of a 9-1-1 emergency telephone system, and WHEREAS, Chapter 127, Section 741 of the Illinois Rezis.ed Statutes provides for the joint exercise by two or more local governments of any power common to them; ~OW THEREFORE BE IT AGREED BY AND ~ETW~EN THE PARTIES AS FOLLOWS: Venture Established. Pursuant to the joint powers authorization of Chapter 127 and of Chapter 134 Section 30.01 et seq. of the Illinois Revised Statutes, the undersigned hereby federate together in a cooperative venture for the joint and mutual operation of a 9-1-1 emergency telephone system, to be known as Northwest Central 9-1-1 System consisting of all local governments which may hereafter become signatory. ~oint Emergency Telephone System Board. There is hereby established a Joint Emergency Telephone System Board which shall consist of the Vlllage Manager of Arlington Heights, The Village Manager of Buffalo Grove, the Village Manager of Elk Grove Village, the Village Manager of Mount ProspeCt and the Director of Northwest Central Dispatch System. Each subsequent participating municipality in the Northwest Central 9- 1-1 System shall be entitled to one member on the Joint Emergency Telephone System Board. Designation of the new partlcipating municipalities board member shall be be specified by the participant's enabling ordinance. TOTAL ~AG~.O0~ ** By-Laws. Northwest Central 9-1-1 System shall be subject to and shall be governed by certain By-Laws which shall be adopted by the Joint Emergency Telephone System Board together with any amendments which may be made in the manner and means provided. Participation. Each participating municipality in the Northwest Central 9-1-1 System, and each municipality which may hereafter become a participant is a member and is entitled to the rights and prIvileges and is subject to the obligations of membership, all as may be provided in the By-Laws. Termination. Any party to this Agreement may cease to be a party hereto and may withdraw from participation in the manner and means set forth in the By-Laws. Powers of the Board. The powers and duties of the Emergency Telephone System Board created by this Agreement shall include, but not be limited to the following: A. Planning a 9-1-1 emergency telephone system. Coordinating and supervising the implementation, upgrading, maintenance and operation of the system including the establishment of equipment specifzcations and coding systems. Receiving monies from the surcharge imposed under Section 15.3 of the Emergency Telephone System Act, and from any other source, for deposit into the Emergency Telephone System Fund. D. Authorizzng all disbursements from the fund. Hiring, on a temporary basis, any staff necessary for the implementation or upgrade of the system. F. Making and entering into contracts. G. Acquiring, holding and disposing of property. Incurring debts, liabilities or obligations necessary for the accomplishment of its purposes. 2 mendment. This Agreement may not be amended, except by written agreement and resolution of all the then current parties thereto. Duration. This Agreement shall continue in effect until rescinded by unanimous consent of the current parties or until terminated in the manner provided in the By-Laws. Enforcement. Each member shall have the right to enforce this Agreement against any other member. If suit is necessary, a defaulting member shall pay reasonable attorney's fees as adjudicated by the Court. 10. Authorization. Prior to execution of this Agreement, each member shall deliver to the other a certified copy of a suitable ordinance or resolution authorizing and directing execution of this Agreement. 11. Effective Date. This Agreemen% shall become effective when signed by all respective representatives of the Village of Arlington }{eights, the Village of Buffalo Grove, the Village of Elk Grove Village and the Village of Mount Prospect. IN WITNESS WHEREOF, the undersigned municipalities have set their signatures on the dates set forth below. This document may be signed in duplicate originals. ~ATTES T: DATE VILLAGE OF ARLINGTON }{EIGHTS ATTEST VILLAGE DF BUFFALO GROVE 3 ILLAGE OF MOUNT PROSPECT 4