(A) E911 service fee establishment, billing, and collection.
(1) The E911 system funding requirements and limitations of S.C. Code § 23-47-40 shall apply, as provided herein.
(2) Subsequent to adoption of §§ 30.40 et seq. and upon receipt of written notification from the Newberry County Administrator or his or her duly appointed agent, each service supplier providing local telephone access services to telephone subscribers having access to emergency services, then or in the future, only through the Newberry County E911 Emergency Telephone System, shall commence the billing and collection of a telephone service charge for each subscriber’s access line which is served by that service supplier, as shall be specified hereby, and as may be established and, from time to time, be adjusted, under procedures of this section. The subscribers line charge, individually and/or collectively, shall hereafter be called the E911 service fee.
(3) (a) The E911 service fee charge, which will become effective upon adoption of §§ 30.40 et seq., shall be $1 per month per applicable subscriber line, for each billed line intended to have access to emergency service through the Newberry County E911 Emergency Telephone System. Subsequently, the rate of the E911 service fee charge shall be established at a dollar value rate or fraction thereof, as shall be determined by Newberry County Council, not to exceed the limitations provided under S.C. Code § 23-47-50. The E911 service fee rate shall include funding for only the expenses and costs as are authorized under the provisions of S.C. Code § 23-47-40(A), (B), and (D), as may be approved by the Newberry County Council attendant to the normal adoption of the county's ordinary and capitol budgets. The budget shall clearly delineate the estimated E911 service fee revenue and the associated expenses, and sources of revenue and authorized expenses from sources other than the E911 service fee, by budget account and line item/object.
(b) The Newberry County Administrator shall provide written notification to each service supplier providing telephone access to telephone subscribers having access to emergency services of the increase in the monthly E911 service fee.
(Am. Ord. 09-19-02, passed 9-4-2002)
(4) The E911 service fee rate shall include the charges as may be required by the service supplier to fund the cost for procurement, installation, and maintenance of telephone equipment, access service lines, trunk lines, secondary and contingency systems, switching equipment, and/or other authorized cost as may be formally agreed upon between Newberry County and the service supplier; and the planning, operation, training, and support costs as may be determined solely by Newberry County.
(5) The E911 service fee shall be uniform and shall not vary according to the type of local exchange access facility used.
(Am. Ord. 10-37-05, passed 10-19-2005)
(6) Further provided, however, that at the direction of Newberry County Council and where otherwise provided by either federal and/or state regulation, certain coin-operated telephone stations, such as those located within detention facilities and institutions, may be denied E911 System access, wherein it can be shown that the access denial is clearly in the public interest.
(7) Unless otherwise prohibited by S.C. Code § 23-47-40(C), capitol cost of improvements and/or expansion or services and/or increased reliability, at the discretion of Newberry County Council, may be funded either by E911 service fee or from other county revenue sources, including public and private grants. Wherein the capitol expenditure is intended to be funded from the E911 service fee but may require a E911 service fee rate is deemed to be excessively burdensome to the individual subscriber, a lower E911 service rate fee may be assessed over a longer period, and that portion of the E911 service fee revenue, which is specifically identified to the future expenditure, shall be held within a unique separate interest bearing account until expended for its designated purpose.
(8) Any unexpended E911funds remaining at the end of the fiscal year shall be carried forward to the next fiscal year in a segregated account and shall be budgeted and expended only for the capital and operational E911 purposes for which the funds were originally collected. these funds are not a part of the general fund of the county.
(Ord. 12-59-03, passed 12-3-2003; Ord. 06-18-05, passed 6-1-2005; Am. Ord. 10-37-05, passed 10-19- 2005)
(9) The legal applicable billing and collection rate of the E911 service fee shall be the E911 service rate which is specified within the most written notification received form Newberry County Council by the service supplier. Provided, however, that the notification shall have been received at least 30 calendar days prior to the current date. Adjustment to the applicable E911 service fee billing and collection rate shall begin at the start of the first billing cycle and/or period, beginning not later than 30 days following receipt of proper written notification, by the service supplier, of the E911 service fee rate adjustment.
(10) The service suppliers shall remit to Newberry County all the E911 service fee revenues as have been collected within 45 calendar days following the end of the month of receipt of the funds, minus the E911 service fee collection and administrative fees as may set forth in written signatory agreement between the service supplier and Newberry County, and not to exceed 2% of the gross E911 service fee revenue remitted to the service supplier on behalf of Newberry County.
(B) Annual audit and E911 service fee adjustment.
(1) The Newberry County Treasurer shall provide to Newberry County Council a monthly report which reflects the status of E911 service fee receipts and E911 Budget Account expenditures and commitments, for review and appropriate oversight control.
(2) An audit and budget reconciliation of E911 service fee revenue and expense accounts shall be performed annually, as a part of the annual independent audit of the county budget under procedures and guidelines provided by the State Auditor's office, with results of the audit and budget reconciliation to be concluded within the final auditor's report but uniquely delineated and reported.
(3) Within 30 calendar days, following formal receipt of the final report of the independent auditor, of the E911 service fee revenue and expense audit and budget reconciliation, the County Administrator shall cause a report to be made to the County Council of the results of the audit and reconciliation of the E911 revenue and expense accounts, and shall provide recommendations for adjustments to the E911 service fee.
(4) Within 60 days following formal receipt of the report and recommendations of the County Administrator, and following opportunity to receive public comment, the County Council shall authorize adjustments to the E911 service fee, to reduce excess revenues, and/or fund revenue shortfall.
(5) Within 15 calendar days, following authorization of adjustment to the E911 service fee, the County Administrator shall cause written notification to be served upon the service supplier to adjust E911 service fee rates, as approved.
(6) From time to time as may be deemed necessary and appropriate by the County Council, E911 service fee rate may be adjusted under procedures provide in divisions (B)(4) and (B)(5) above, without benefit of the annual audit results.
(C) Financial management and accounting.
(1) Newberry County shall be responsible for collection of delinquent E911 service fee accounts, for subscriber lines having access to the Newberry County E911 Emergency System, as provided under provisions of S.C. Code § 23-47-50(C).
(2) As provided by S.C. Code § 23-47-50(C), each service supplier shall provide to Newberry County a list of accounts which are uncollected more than 30 days. The list shall include the names and addresses of telephone subscribers who, either specifically or by nonpayment of the E911 service fee, have identified themselves as refusing to pay the E911 service fee. The list of uncollected accounts shall be forwarded to Newberry County by the service supplier, attached to the monthly invoice for payment for the service supplier's charge for E911 system maintenance and services.
(Ord. 131, passed 12-21-1992) Penalty, see § 30.99