[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]
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.
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.
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:
- 911 EMERGENCY REPORT CENTER
- The same meaning assigned to such term in 16 Del. C. § 10002(1).
- 911 ENHANCED EMERGENCY REPORTING SYSTEM
- 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.
- PRIMARY 911 EMERGENCY REPORT CENTER
- The 911 Emergency Report Center located in Kent 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 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.
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.
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.
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.