[Adopted 1-22-1990 by Ord. No. 90-05]
As used in this article, the following terms shall have the
meanings indicated:
The Emergency Telephone System Act (50 ILCS 750/1 et seq.).
[Added 5-22-2017 by Ord.
No. 2017-12]
Shall have the meaning ascribed to that term in Section 2.12
of the Emergency Telephone System Act (50 ILCS 750/2.12).
The location of the subscriber's telecommunications facilities
accessing the network connection or connections that are subject to
the surcharge. If this is not a defined location, "service address"
shall mean the location of a subscriber's primary use of the network
connection as defined by telephone number, authorization code, or
location in Illinois where bills are sent.
Any natural individual, firm, trust, estate, partnership,
association, joint-stock company, joint venture, corporation, municipal
corporation, or political subdivision of this state, or a receiver,
trustee, conservator, or other representative appointed by order of
any court, engaged in the business of transmitting messages by means
of electricity.
Shall have the meaning ascribed to that term in Section 8-11-2
of the Illinois Municipal Code (65 ILCS 5/8-11-2).
A monthly surcharge is hereby imposed upon the billed subscribers
of telecommunications carriers at a rate of $0.50 per network connection
for the purpose of obtaining Enhanced 9-1-1 emergency telephone service
within the Village. Such surcharge shall be collected by the telecommunications
carriers no later than the first day of the month following the expiration
of 90 days from the date the Village Clerk certifies to any of the
telecommunications carriers who are required to collect the surcharge
that the referendum has passed.
A monthly billed subscriber shall be deemed to reside within
the Village if the service address is located within the Village.
The Village Clerk shall provide any telecommunications carrier
collecting the surcharge with a certified list of those network connections
assigned to the Village to be exempt from imposition of the surcharge.
Such certified list may be revised by the Village on 60 days prior
written notice provided to such telecommunications carriers.
Pursuant to the Act, each telecommunications carrier may deduct not more than 3% from the gross amount of the surcharge collected prior to remittance under § 67-12 of this article as reimbursement for the expense of accounting and collecting such surcharge.
Every telecommunications carrier shall remit to the custodian of the Emergency Telephone System Fund, as designated pursuant to the Act, the amount of surcharge collected for each calendar month within 30 days following the expiration of each month to which the surcharge applies, net of any network or other 9-1-1 or sophisticated 9-1-1 system charge then due to the particular telecommunications carrier as shown on an itemized bill and the three-percent accounting and collecting charge described in § 67-11 of this article.
Simultaneously with the remittance described in § 67-12 of this article, each telecommunications carrier shall make a return to the custodian of the Emergency Telephone System Fund, as designated pursuant to the Act, for the period to which the remittance applies, stating as follows:
A.Â
The name of such telecommunications carrier;
B.Â
The telecommunications carrier's principal place of business;
C.Â
The number of network connections to which the surcharge applies;
D.Â
The amount of surcharge collected; and
E.Â
Such other reasonable and related information as the Village may
require.
If it shall appear that an amount of surcharge has been paid
that was not due under the provisions of this article, whether as
the result of a mistake of fact or an error of law, then such amount
shall be credited against any surcharge due, or to become due, under
this article; provided, however, that no amounts erroneously paid
more than three years prior to the filing of a claim shall be so credited.
Ninety days' prior notice shall be given by the telecommunications
carrier to the Bannockburn Emergency Telephone System Board on any
credit against a surcharge due.
No action to recover any amount of surcharge due under the provisions
of this article shall be commenced more than three years after the
due date of such amount.
