(a) 
There is hereby imposed on each telephone subscriber’s local exchange access line, or its equivalent, in the city, an E 9-1-1 emergency service fee, as provided for in the fee schedule found in appendix A of this code. The fee is based upon the base rate for residential, business and business trunk lines as established by Southwestern Bell and approved by the public utility commission of the state. Such fees shall be used to provide for the purchase, installation, operating and maintenance expenses of E 9-1-1 service to be furnished pursuant to an application for service dated between the city and Southwestern Bell Telephone Company for E 9-1-1 services. (A copy of said application for service is on file in the office of the city manager.)
(b) 
The city manager is authorized to execute a contract on behalf of the city with Southwestern Bell Telephone Company pursuant to the provisions of this article, to provide for the implementation and maintenance of E 9-1-1 emergency service for all telephone subscribers located within the municipal boundaries of the city. Such contract shall contain no provision or term inconsistent with article 1432d or 1432e, Vernon’s Annotated Texas Statutes and/or approved by the public utility commission of the state.
(c) 
The E 9-1-1 emergency service fee imposed by this article shall be subject to the following restrictions and limitations: A fee may not be imposed upon more than one hundred (100) local exchange access lines per telephone subscriber per location; nor may a fee be imposed upon any coin operated or coin/card reader operated telephone equipment. The fee shall be separately stated on each subscriber’s bill; and the fee may not exceed six percent (6%) of Southwestern Bell’s base rate (recurring) charge, exclusive of all taxes, fees, license costs or similar charges, for local exchange access lines or trunks or their equivalent. Furthermore, the fee shall be uniformly applied to all local exchange access lines within the city limits.
(d) 
The fees imposed by this article may not be imposed until the E 9-1-1 service is fully operational within the city. Southwestern Bell shall be advised with a certified copy of this article at least one hundred twenty (120) days prior to the desired first billing date of the fees imposed by this article. One (1) or more public hearings shall be conducted prior to the amendment of the emergency service fees imposed by this article. In the event the city council desires to amend such fees, it will provide Southwestern Bell Telephone Company at least ninety (90) days written notice prior to the desired implementation date of such amended fees.
(e) 
Southwestern Bell will provide the city with a list of subscribers who have specifically refused a pay the E 9-1-1 emergency service fee. Such list shall be provided not more than once per calendar year. Southwestern Bell will not be obligated to take any legal action to enforce the collection of any billed emergency service fees, nor will it be obligated to disconnect any subscriber’s telephone service for failure to pay the emergency service fees.
(f) 
Southwestern Bell will retain records of the fees collected pursuant to this article. Such records will be retained for a period not to exceed two (2) years from the date of collection. The city may, at its sole cost and expense, audit Southwestern Bell’s records of the collected fees not more often than once annually.
(g) 
Southwestern Bell will remit the collected E 9-1-1 emergency service fees to the city on a periodic basis, not more frequently than monthly, on/or before the sixtieth (60th) day after the close of the month in which such fees have been collected. Southwestern Bell will retain, from its remittance to the city, two percent (2%) of the collected E 9-1-1 emergency service fees as its compensation for providing such collection.
(1996 Code, art. 1.2000)