[HISTORY: Adopted by the Levy Court of Kent County as indicated in
article histories. Amendments noted where applicable.]
[Adopted 5-10-1995 by Ord.
No. 95-09]
A.Â
The Delaware Code, Title 16, Chapter 101, provides authority
for Kent County to establish and operate a fund to be used to reimburse Kent
County and local governments for governmental costs associated with the 911
Emergency Reporting System.
B.Â
Kent County is authorized to impose by ordinance a monthly
surcharge of $0.50 on all subscribers per subscription to residential local
exchange telephone service in the county.
C.Â
It is the intention of the Kent County Levy Court to
adopt this article which will implement the provisions of said authority,
in order to establish a source of funds for costs associated with the 911
Emergency Reporting System.
There is hereby created a special fund designated as the 911 Emergency
Reporting System Fund (hereinafter "fund") to provide a source of funds to
reimburse Kent County (hereinafter "the county") and local governments currently
operating enhanced emergency reporting systems for associated costs.
As used in this article, the following words shall have the following
meanings:
The same meaning assigned to such term in 16 Del. C. § 10002(1).
The same meaning assigned to such term by 16 Del. C. § 10002(2).
Kent County, Delaware.
The 911 Emergency Reporting System Fund created by the Delaware Code.
The 911 Emergency Report Center located in Kent County.
Telephone service where the use of the service is primarily for social
or domestic purposes.
A 911-Enhanced Emergency Reporting System.
A.Â
The fund shall be funded by means of, and there is hereby
imposed, a monthly surcharge of $0.50 on all subscribers per subscription
to residential local exchange service in the county. Each company providing
residential local exchange telephone service shall impose the aforementioned
monthly surcharge on all subscribers per subscription for such service and
shall set forth such surcharge as a clearly identifiable, separate item on
all subscriber invoices rendered after the effective date of this article.
B.Â
All surcharges collected by companies pursuant to this
article shall be remitted to the county for costs incurred by the county or
local governments in connection with the administration, staffing, street
addressing and training necessary to support a system on a monthly basis.
Terms relating to areas of service responsibility and revenue sharing with
local jurisdictions which provide primary or secondary enhanced emergency
reporting services shall be governed by a memorandum of understanding.
C.Â
Each company collecting such surcharge shall be entitled
to recover the actual incremental costs of imposing, collecting and remitting
such surcharges through a credit against such surcharges. This cost is defined
as the additional incremental expense incurred by the company that is in addition
to the normal expense of imposing and collecting the charges for the normal
telephone service, subject to audit by the county. Where moneys collected
are equal to or less than the total charge for the telephone service provided,
not including the surcharge, all moneys collected will be used for the actual
telephone service provided. Audits shall occur once every three years.
D.Â
Each company collecting such surcharges shall not be
responsible for uncollectible surcharges. Terms relating to the collection
and distribution of funds pursuant to this article, as well as the reporting
to the county of the names and addresses of subscribers who fail to pay the
surcharge, shall be governed by a memorandum of understanding with each company
providing residential local exchange telephone service. Nothing in this article
shall be construed to prevent the county from taking appropriate actions to
collect such surcharges designated by the company as uncollectible.
