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Home My WebLink About026828 ORD - 06/13/2006AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND 9 -1 -1 SERVICE FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 Chapter 55. Article I, Section 55 -7, is amended to read as follows: Sec 55 -7 Local exchange access line 9 -1 -1 service fee. a) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context dearly 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- Iiee --Gr- service by- a local exchange service provider on the customer's bill, communication .1111 111 111 9 1 -4- the physical voice grade telecommunications connection or the cable or 1 fee June 2006 DOC 2 2 broadband transport facilities, or any combination of these facilities, between an end user customer's premises, and a service provider's network that, when the digits 9 -1 -1 are dialed, provides the end user customer access to a public safety answering point through a permissible interconnection to the dedicated 9 -1 -1 network. Each such connection (e.g. individual channel) provided to an end user customer shall constitute a separate "local exchange access line" or "equivalent local exchange access line.' A service provider that bills federal subscriber line charges on all its retail lines and services to all its end user customers may use the federal subscriber line charge as an alternative definition and may bill, collect, and remit 9 -1 -1 emergency service fees on that basis. The term does not include coin- operated public telephone operating equipment, 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, wireless service provider, or other nonvocal commercial mobile radio service, a private telecommunications system, or a wireless telecommunications connection subject to Texas Health and Safety Code, Section 771.0711. 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 -1 911 FEE JUNE 2006 DOC 3 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 1) 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; 3) Is the first point of reception by a public safety agency of a 9 -1 -1 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. Wireless service provider means a wireless service provider as defined in section 711 001(12), Texas Health and Safety Code. b) 9 -1 -1 emergency service fee. Each service supplier in the city shall collect a 9 -1- 1 emergency service fee of seventy cents ($0.70) one dollar ($1.00) per month for each residential local exchange access line; and ninety cents ($0.90) one dollar and twenty cents ($1.20) per month for each business local exchange access Tine, and one dollar and twenty cents ($1.20) per month for each business trunk local exchange access line. The 9 -1 -1 emergency service fee shall be used 911 FEE . UNE 2006 DOC 4 only for costs attributable 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 service fee imposed by this section is subject to the following restrictions and limitations: 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) a. Each billed service user is liable for the 9 -1 -1 emergency service fee imposed by this section until the fee is paid to the service supplier. b The fee must be added to and stated separately in the service user's bill from the service supplier 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. d A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide 911 FEE JUNE 2006,DOC 5 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. (0) 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. 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. (8) Each service supplier may retain from its remittance to the city no more than two (2) per cent of the collected 9 -1 -1 emergency service fees as its compensation for performing its obligations under this section. (9') 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 911 FEE JUNE 2006.DOC 6 (10) Each service supplier shall retain records of the amount of 9 -1 -1 emergency service fees collected for a period not to exceed two (2) years from the date of collection. (11, 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. (12, All federal service users located in the city are exempt from the 9 -1 -1 emergency service fee. (Ord No. 25397, § 1, 7 -22 -2003; Ord. No. 025868, § 1, 7 -27 -2004) SECTION 2. 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1 -6 of the City Code of Ordinances SECTION 4. 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. This ordinance shall take effect upon publication. EFFECTIVE DATE (.119/0C° FEE JUNE 2006 DOC That the foregoing ordinance was read the first ime and passed to its second reading on this the t., t ` day of 2006, by the following vote: Henry Garrett _� John E. Marez Brent Chesney Rex A. Kinnison Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing rdinance was read for the second time and passed finally on this the 3`N- day of n`-�-' 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott PASSED AND APPROVED, this the i 3 day of ATTEST, / Armando Chapa Hen Garrett City Secretary Mayor APPROVED: Lisa Aguilar Assistant City Attorney for City Attorney fee June 2006.DOC , 2006 Q { 2 State € of Texas Count, of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss; Ad # 5505323 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum who being first duly sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller- Times, a daily newspaper published at Corpus Christ, 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 cope , was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 19TH day(s) of JUNE, 2006. 887.52 &0-tel-ticc, 10,A,(44-1,LI Legal Sales Representative TWO! _(2) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA ti ?y COMM16.5icr1 EXPIRES Minh 19, 2008 CALLER - TIME$. = 19, t °:• • 11F' the s, C:or s C1 C r 55, r definition of exchange awe* and 9 -1 -1 servo providing for This ordinance passed and by the City C the City of Chriei on its on d4 2 /s City of Corpus Chri