§ 91.12 APPROPRIATION; LEVY OF TAXES.

   The Mayor and City Council may make an appropriation for BIHSEMA purposes in the manner provided by law and, if permitted by law, may levy in addition, for BIHSEMA purposes only, a tax in the amount and manner as provided by law.

(Prior Code, § 91.12) (Ord. 2336, passed 4-27-1976; Ord. 2015-002, passed 1-13-2015; Ord. 2017-005, passed 2-27-2017)

EMERGENCY TELEPHONE SYSTEM

§ 91.25 IMPOSITION OF SURCHARGE.

   A surcharge is hereby imposed on monthly billed subscribers of telecommunications carriers residing within the city at a rate of $0.73 per month per network connection, as hereinafter defined for funding of a 9-1-1 emergency telephone system.

(Prior Code, § 91.25) (Ord. 89-76, passed 9-12-1989; Ord. 2017-005, passed 2-27-2017)

§ 91.26 RESIDENCE IN CITY.

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

(Prior Code, § 91.26) (Ord. 89-76, passed 9-12-1989; Ord. 2017-005, passed 2-27-2017)

§ 91.27 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   NETWORK CONNECTION. 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 carrier’s switched network which would be required to carry the subscriber’s inter- premises traffic.

   SERVICE ADDRESS.

      (1)   The location of the subscribers telecommunications facilities accessing the network connection or connection(s) that are subject to the surcharge.

      (2)   If this is not a defined location, SERVICE ADDRESS shall mean the location of a subscribers primary use of the network connection as defined by telephone number, authorization code or location in the state where bills are sent.

   TELECOMMUNICATIONS CARRIER. Any natural individual firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, municipal corporation or political subdivision of the 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.

(Prior Code, § 91.27) (Ord. 89-76, passed 9-12-1989; Ord. 2017-005, passed 2-27-2017)

§ 91.28 CERTIFIED LIST OF NETWORK CONNECTIONS.

   (A)   The City Clerk shall provide any telecommunications carrier collecting the surcharge with a certified list of those network connections assigned to the city to be exempt from imposition of the surcharge.

   (B)   The certified list may be revised by the City Clerk on 60-day prior written notice provided to the telecommunications carriers.

(Prior Code, § 91.28) (Ord. 89-76, passed 9-12-1989; Ord. 2017-005, passed 2-27-2017)

§ 91.29 TELECOMMUNICATIONS CARRIERS TO REMIT SURCHARGE TO CITY; RETURN.

   (A)   Each telecommunications carrier is hereby authorized and instructed to deduct 3% from the gross amount of surcharge collected prior to remittance under division (B) below in reimbursement for the expense of accounting and collecting the surcharge.

   (B)   Every telecommunications carrier shall remit to the city or Emergency Telephone System Board Treasurer the amount of the surcharge collected 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 and collection charge described in division (A) above.

   (C)   Simultaneously with the remittance described in division (B) above, each telecommunications carrier shall make a return to the city or Emergency Telephone System Board Treasurer for the period to which the remittance applies stating as follows:

      (1)   The name of the telecommunications carrier;

      (2)   The telecommunications carrier’s principle place of business;

      (3)   The number of network connections to which the surcharge applies;

      (4)   The amount of surcharge collected; and

      (5)   Such other reasonably and related information as the corporate authorities may require.

(Prior Code, § 91.29) (Ord. 89-76, passed 9-12-1989; Ord. 2017-005, passed 2-27-2017)

§ 91.30 CREDIT FOR OVERPAYMENT.

   If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this subchapter, whether as the result of a mistake of fact or an error of law, such amount shall be credited against any surcharge due, or become due, under this subchapter; provided that, no amounts erroneously paid more than three 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.

(Prior Code, § 91.30) (Ord. 89-76, passed 9-12-1989; Ord. 2017-005, passed 2-27-2017)