[HISTORY: Adopted by the County Council of Sussex County 2-14-1995 as Ord. No. 1011. Amendments noted where applicable.]
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 Sussex County (hereinafter "the county") and local governments for costs associated with the 911-Enhanced Emergency Reporting System.
As used in this chapter, the following words shall have the following meanings:
- 911-ENHANCED EMERGENCY REPORTING SYSTEM
- The same meaning assigned to such term by Title 16, § 10002(2), of the Delaware Code.
- 911 EMERGENCY REPORT CENTER
- The same meaning assigned to such term in Title 16, § 10002(1), of the Delaware Code.
- The 911 Emergency Reporting System Fund created by this chapter.
- PRIMARY 911 EMERGENCY REPORT CENTER
- The 911 Emergency Report Center located in Sussex County.
- RESIDENTIAL LOCAL EXCHANGE TELEPHONE SERVICE
- Telephone service where the use of the service is primarily for social or domestic purposes.
- A 911-Enhanced Emergency Reporting System.
- THE COUNTY
- Sussex County, Delaware.
The fund shall be funded by means of, and there is hereby imposed, a monthly surcharge of fifty cents ($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 chapter.
All surcharges collected by companies pursuant to this chapter shall be remitted to the county to cover 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 911 emergency reporting services shall be governed by a memorandum of understanding.
Each company collecting such surcharge shall be entitled to recover the actual incremental costs of the 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 (3) years.
Each company collecting such surcharges shall not be responsible for uncollectible surcharges. Terms relating to the collection and distribution of funds pursuant to this chapter, 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 chapter shall be construed to prevent the county from taking appropriate actions to collect such surcharges designated by the company as uncollectible.