The URL can be used to link to this page

Home My WebLink About025397 ORD - 07/22/2003BE TE SE foil "S AMENDING THE CODE 55-7 TO ADOPT MONTHLY LINE SERVICE FEE INSTALLATION, AND PERSONNEL, OF 9-1-1 TEXAS; REPEALING O A MONTHLY FORTY DATE; PROVIDING F PUBLICATION; AND DE IT ORDAINED BY THE CIT'' KAS CTION 1. The City Code of Ordinances Nis: :c. 55-7. Local Exchange Access ORDINANCE OF ORDINANCES TO ESTABLISH SECTION FIFTY CENT LOCAL EXCHANGE ACCESS TO PROVIDE FOR THE PURCHASE, MAINTENANCE EXPENSES, INCLUDING ERVICE IN THE CITY OF CORPUS CHRISTI, DINANCE NO. 024971 WHICH ESTABLISHED ENT FEE; ESTABLISHING AN EFFECTIVE R SEVERANCE AND PROVIDING FOR LARING AN EMERGENCY COUNCIL OF THE CITY OF CORPUS CHRISTI, is amended to add Section 55-7 to read as Line 9-1-1 Service Fee "(a) Definitions. The followinq 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: Corpus Christi. "City means the City of "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. line or equivalent local exchange access line means "Local exchange access 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 dia inq 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. 2539; 1 "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: (1) Is operated (continuously; the responsibility to receive 9-1-1 calls and, as (2) Is assigned appropriate, to dispatch emergency response services directly or to transfer or relay emergency 9-1-1 calls to other public safety agencies; (3) Is the first pint of reception by a public safety agency of a 9-1-1 call: and (ity. (4) Serves the "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. "(b) 9-1-1 Emergency Sery ce fee. "Each Service supplier in the City shall collect a 9-1-1 emergency service fee of fifty cents ($0.50) per month for each residential local exchange access line and each business local exchange access line. The 9-1-1 emergency service fee shall be used only for costs attributab e to equipment and personnel necessary to operate the City's public safety answering point. "(c) Restrictions and limitations on 9-1-1 emergency service fee. "The 9-1-1 emergency servic fee imposed by this ordinance is subject to the following restrictions and limi ations: "(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 realer operated telephone equipment. "(3)(a) Each billed service�user is liable for the 9-1-1 emergency service fee imposed by this ordinanc until the fee is paid to the service supplier. H:\LEG-DIR\Lisa\ORD3\July 22 9-1-1 fee.doc "(b) The fee must be added to and stated separately in the service user's bill from the service suppler. "(c) 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. user that provides residential facilities and owns or "(d) A business service 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) No service supplier is obliged or authorized to take any legal action to enforce the collection of any billed 9-1-1 emergency service fee. "(5) No service supplier may disconnect any service user's telephone service for failure to pay the 9-1-1 emergency service fee. "(6) Each service supplier shall assess a 9-1-1 emergency service fee to each service user on a monthly basis and shall 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 the 9-1-1 emergency service fees were assessed. "(7) Each service supplier shall complete a remittance report in the form provided by the City. The remittance report must accompany the remitted 9-1-1 emergency service fees. may retain from its remittance to the City no more than "(81 Each service supplier two (2) percent of the collected 9-1-1 emergency service fees as its compensation for performing its obligations under this ordinance. "(9) Each service supplie 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. shall retain records of the amount of 9-1-1 emergency "(10) Each service supplier service fees collected for a period not to exceed two (2) years from the date of collection. the records of collected 9-1-1 emergency service fees "(11) The City may audit from any service supplier. The City will pay for its auditor's costs. "(12) All Federal service) users located in the City are exempt from the 9-1-1 emergency service fee." H:\LEG-DIR\Lisa\ORD3\July 22 9-1-1 fee.doc SECTION 2. If for any read word or provision of this ordi judgment of a court of com paragraph, subdivision, clause definite intent of this City Col phrase, word or provision here SECTION 3. Publication sha Christi as required by the City n any section, paragraph, subdivision, clause, phrase, nance shall be held invalid or unconstitutional by final etent jurisdiction, it shall not affect any other section, , phrase, word or provision of this ordinance, for it is the ancil that every section, paragraph, subdivision, clause, of be given full force and effect for its purpose. be made in the official publication of the City of Corpus harter of the City of Corpus Christi. SECTION 4. Ordinance No 024971 which established a monthly forty cent local exchange access line service #ee is repealed in its entirety. SECTION 5. This Ordinance akes effect August 1, 2003. SECTION 6 . That upon writte attached, the City Council (1) immediate action necessary fl and (2) suspends the Charter ordinances at two regular mee upon first reading as an emerc ) (Al , 2003 n request of the Mayor or five Council members, copy inds and declares an emergency due to the need for x the efficient and effective administration of City affairs ule that requires consideration of and voting upon tings so that this ordinanc i p ssed and takes effect ency measure on this the day of Armando Chapa City Secretary APPROVED: This 16th day of R. JInco Acting ity Attorney July, 2003: H:\LEG-DIR\Shared\VERONICA\Lisa\Ord11July 22 9-1-1 fee.doc THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor Corpus Christi, Texas i Day of(- , 2003 TO THE MEMBERS OF THE OITY COUNCIL Corpus Christi, Texas For the reasons set forth in th emergency clause of the foregoing ordinance an emergency exists requiring su pension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the ity Council. Respectfully, Council Members The above ordinance was pa Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Respectfully, sed by the following vote: e CIcit Lute 6u,c. fif H:\LEG-DIR\Shared\VERONICA\Lisa\Ord1Uuly 22 9- -1 fee.doc 025397 State of Texas County of Nueces Before me, the undersigned, PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4619325 PO # a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Ch ti Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patri io, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted i -i the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Time Interactive on the 28TH day(s) of JULY, 2003. $89.47 TWO (2 ) Time(s) %\[_orLa W 6Lt-t OSS , Credit Manager Subscribed and sworn to me on the date of JULY 29, 2003. CJ� ` iOn Ca j? -01b1-3—' Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Cork anti C4Htt4jj % Monday, MY * 2003 NOTICE OF PASSAGE OF 0«70 rid e. N nce amending the Code of CorpuOrdinances,inDCity of s Christi, �7 to a monthly fifty cent local exchange access line swim fee to provide for the purchase, installation and maintenance expenses, In0iuding personnel, of a-1-1 swim in the City of Gonrepealing No. 024971 which eetebeWud a monthly forty cent fee and providing for an effective date - of August 1, 2003. This ordinance was peeeedand &gnawed Da tie. a Council of Is City ma aCAWe don mom*,Gpei�pya City ot Capes CMeh