[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:
The same meaning assigned to such term by Title 16, § 10002(2),
of the Delaware Code.
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.
The 911 Emergency Report Center located in Sussex County.
Telephone service where the use of the service is primarily for social
or domestic purposes.
A 911-Enhanced Emergency Reporting System.
Sussex County, Delaware.
A.
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.
B.
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.
C.
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.
D.
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.
