CHAPTER 14

ESTABLISHMENT OF AN EMERGENCY TELEPHONE SYSTEM AND FEE

1 – 14.1      Purpose

      WHEREAS,    the Indiana Legislature has adopted I.C, 36-8-16 _et which recognizes that counties through their fiscal bodies may establish enhanced emergency telephone systems utilizing the three digit number 9-'1-1 to send automatic number identification and automatic location identification for reporting police, fire, medical or other emergency situations;

      WHEREAS,    I.C. 36-8-16-5 authorizes counties, through their fiscal bodies, to impose on all users of exchange telephone service in their jurisdictions a uniform monthly fee which may be used for the installation and operation of an enhanced emergency telephone system;

      WHEREAS,    I.C. 36-8-16-5 requires that if a county fiscal body decides to impose a county-wide fee and establish a county-wide enhanced emergency telephone system, then the county shall allow all public emergency response agencies in the county to participate in the enhanced emergency telephone system and shall establish a fee sufficient to pay the cost of the installation and operation of the enhanced emergency telephone systems of all participating agencies;

      WHEREAS,    the County Council of Vigo County, Indiana hereby finds that the establishment and funding of a county-wide enhanced emergency telephone system is in the best interests of the residents of Vigo County Indiana.

1 – 14.2       General Provisions

      NOW THEREFORE, be it ordained and enacted by the County Council of Vigo County, Indiana, that:

1 – 14.2-1      Pursuant to the authority of and subject to Indiana Code 36-8-16 et seq., an emergency telephone system and fee are hereby established to serve the citizens of Vigo County, Indiana. This fee shall be collected from the telephone service users of Vigo County, Indiana and administered       n accordance with the terms of this ordinance.

1 – 14.2-2      A monthly fee will be collected by the service supplier in the

amount sufficient to pay for the lease, purchase or maintenance of the enhanced emergency telephone equipment of all public emergency response agencies in Vigo County who install, operate and enhance the emergency telephone system. Such fee shall be established, taking into consideration costs attributable to necessary computer hardware, software, and database provisioning together with the rates associated with the service suppliers enhanced emergency telephone system network services and such other personnel as deemed necessary. The amount of such fee shall be certified by the Auditor of Vigo County to the service provider before any such fees are collected, provided however, that such fee shall not exceed Fifty Cents (.50) per month per subscriber.

1 – 14.2-3      The service supplier shall be entitled to retain an administrative fee of three per cent (3%) of the monthly fees collected as compensation for collecting the fees.

1 – 14.2-4      All monthly fees collected, except for the three percent (3%) administration fee, shall be remitted to the Treasurer of Vigo County within ten (10) days after the last day of the calendar year quarter. With the fee remittal, the service supplier shall provide a fee collection report to the Auditor of Vigo County on a form provided by said Auditor.

1 – 14.2-5      The Treasurer of Vigo County shall deposit the remitted fees in a separate fund named the "Vigo County Emergency Telephone System Fund." The Vigo County Treasurer may invest movies in this fund in the same manner that other movies of the county are invested with the interest earned from such investment to be deposited in the Emergency Telephone System Fund.

1 – 14.2-6      During January of each year, each service supplier that collects the enhanced emergency telephone system fund for Vigo County shall provide a delinquent fee report to the Treasurer of Vigo County. The report shall list the name, address, and amount due for each service user ass two (2) or more months delinquent in paying the fee.

1 – 14.2-7      This ordinance shall be construed in accordance with I.C. 36-8-16 et seq., as amended.

1 – 14.2-8      Each service supplier shall commence collecting the enhanced

emergency telephone system fee from its service users on the       day of            ,199 .

1 – 14.3      Repealer

      All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

1 – 14.4      Severability Clause

If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall neat effect the validity of the ordinance as a whale or any section, provision, or part thereof not adjudged invalid or unconstitutional.

1 – 14.5      Effective Date

      This ordinance shall be in full force and effect on the first day of the second month after its passage by the County Council of Vigo County, Indiana, which is June 1, 1990.