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Home My WebLink About024971 ORD - 07/23/2002 ORDINANCE ADOPTING A MONTHLY FORTY CENT LOCAL EXCHANGE ACCESS LINE SERVICE FEE TO PROVIDE FOR THE PURCHASE, INST ALLA TION, AND MAINTENANCE EXPENSES, INCLUDING SOME REQUIRED PERSONNEL, OF 9-1-1 SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERANCE AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1. Definitions. The following words, terms, and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City means the City of Corpus Christi, Federal service user means a service user with local exchange access line service dedicated to and paid for by the federal government for official federal use only, Local exchange access line or equivalent local exchange access line means any telephone line or service for which a federal subscriber line charge is assessed by a local exchange service provider on the customer's bill or any cellular telephone, communication channel, personal communication system, commercial mobile radio service, cable/broadband services, or any other wire means that connects the customer to the public switched telecommunications network and provides the customer with ability to reach a public safety answering point by dialing the digits 9-1-1. The term does not include public telephone equipment operated by card reader, commercial mobile radio service that provides access to a paging or other one-way signaling service, a communication channel suitable only for data transmission, a line from a telecommunications service provider to an Internet service provider for the Internet service provider's data modem lines used only to provide its Internet access service and that are not capable of transmitting voice messages, a wireless roaming service or other nonvocal commercial mobile radio service. 9-1-1 service means a telecommunications service through which the user of a public telephone system has the ability to reach the City's public safety answering point by dialing the digits 9-1-1. 9-1-1 service system means a system of processing emergency 9-1-1 calls. Public safety answering point means the City communications facility that: (I) Is operated continuously; (2) Is assigned the responsibility to receive 9-1-1 calls and, as appropriate, to dispatch emergency response services directly or to transfer or relay emergency 9-1-1 calls to other public safety agencies; 024971 (3) Is the first point of reception by a public safety agency of a 9- I - I call; and (4) Serves the City. Service supplier means an entity providing local exchange access lines to a Service user in the City. Service user means a person or business entity that is provided local exchange access lines in the City. Section 2. 9-1-1 Emergency Service fee. There is hereby imposed on each service user's local exchange access line and equivalent local exchange access line in the City a 9- I -1 emergency service fee of forty cents ($0.40) per month for each residential line and each business line. Such 9- I - I emergency service fee shall be used only for costs attributable to equipment and personnel necessary to operate the City's public safety answering point. Section 3. Restrictions and limitations on 9-1-1 emergency service fee. The 9-1-1 emergency service fee imposed by this ordinance shall be subject to the following restrictions and limitations: (1) The 9-1-1 emergency service fee may only be imposed upon service users' local exchange access lines and equivalent local exchange access lines. (2) The 9-1-1 emergency service fee may not be imposed upon any coin-operated or coin/card reader operated telephone equipment. (3) Each billed service user is liable for the service fee imposed by this ordinance until the fee is paid to the service supplier. The fee must be added to and stated separately in the service user's bill from the service supplier. The service supplier shall collect the fee at the same time as the service charge to the service user in accordance with the regular billing practice of the service supplier. ^ business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall collect the 9-1-1 emergency service fee and transmit the fees monthly to the City. (4) The 9-1-1 emergency service fee shall have uniform application within the municipal boundaries of the City, (5) No service supplier will be obliged or authorized to take any legal action to enforce the collection of any billed 9-1-1 emergency service fee. (6) No service supplier will disconnect any service user's telephone service for failure to pay the 9-1-] emergency service fee. (7) Each service supplier will assess a 9-1-1 emergency service fee to each service user on a monthly basis and will remit the collected 9-1-1 emergency service fee to the City no later than thirty (30) days after the close of the month in which such 9-1-1 emergency service fees were assessed, (8) Each service supplier shall complete a remittance report in the form provided by the City, and the remittance report shall accompany the remitted 9-1-1 emergency service fees. (9) Each service supplier may retain from its remittance to the City no more than two (2) percent of the collected 9-1-1 emergency service fees as its compensation for performing its obligations under this ordinance. (10) Each service supplier shall provide the City with an annual list that includes the amount of all delinquent fees and the name and address of each nonpaying service user. (11) Each service supplier will retain records of the amount of9-1-1 emergency service fees collected for a period not to exceed two (2) years from the date of collection. (12) The City may audit the records of collected 9-1-1 emergency service fees from any service supplier. The City will pay for its auditor's costs. (13) All federal service users located in the City are exempt from the 9-1-1 emergency service fee, Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision. clause. phrase, word or provision hereof be given full force and effect for its purpose, Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. T~t the foreg ing \.ti'bay of dinance was read for the first time and passed to its second reading on this the , 2002. by the following vote: 9ft- R" AK;oo;wo -%t: ~ John Longoria ~ --fft J,"~ N"yolo 1ft- Henry Garrett ~ Mark Scott ~ Bill Kelly ~ That the foregoing ordinance was read for the second time and passed finally on this the ~ Day Of~P, )1 ,2002, by the following vote: Samuel L. Neal, Jr. a [rjJJ ~ Samuel L. NeaL Jr. Brent Chesney Javier D. Colmenero Mark Scott a A/jL/ (jU1.-7 Juj/ f1ll / Rex A. Kinnison Henry Garrett (Hl& fl,,t o ll1.)R Ilk (ihP / -.flJl1 / John Longoria Brent Chesney Javier D. Colmenero Jesse Noyola Bill Kelly PASSED AND APPROVED this the li Day of ~JL1' 2002, ATTEST: ~,~ Smllw,,,1 L. 141;(1.1, JI., rvt..)5f m..I""''=.. Sc b if City of Corpus Christi /l'I "'"V~~ f"t>.. T €.I-\.. Armando Chapa, City Se tary Legal Form approved ..Jc-~ I 2 ,2002 James R. Bray, Jr. City Attorney c/~ ~.hu Lisa Aguilar . Assistant City Attorney .... By: 024971 l~ 1 tlt~N CE DE p:.n 1 t"~E:<-i PUBLISHER'S AFFIDAVIT 02 JUl 31 M110: 24 State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 4264281 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio) San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 29TH day(s) of JULY, 2002, DIrt, No. O~4q 1 ( $66.25 bLt1./1.O.- (fj Uua-aO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of JULY 30, 2002. (~CW(A 1nanu~ JunfV?~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Monday. July 29,2002 NOTICE OF PA OF ORDINANCE NO. 024971 Ordinance adopting a monthly forty.cent local exchange access line servtce fee to provide for the purchase, installation, and maintenance expenses, including sarne. required personnel, of 9-1-1 service in the City of Corpus Christi, Texas. This ordinance was passed and approved by the City Council of the City of Corpus Christi on July 23. 2002. !slA_ndo Chapa c City $ec18laJy City of Corpue Ovisti