O-702-91 08/27/91STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
CERTIFICATE
I, CHARLENE SMOLLEN, certify that I am the duly elected and acting Municipal
Clerk of the Village of Lemont, Cook County, Illinois.
I further certify that on cg- to , 19 9/ , the Corporate
Authorities of such municipality passed and approved Ordinance No. 70
entitled
AN ORDINANCE TO ESTABLISH A 9 -1 -1 EMERGENCY TELEPHONE
SYSTEM AND TO PROVIDE A METHOD OF FUNDING FOR SAME.
which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 7 U a-' , including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building, commencing on
19 `1/ , and continuing for at
least ten days thereafter. Copies of such Ordinance were also available for public
inspection upon request in the office of the Municipal Clerk.
DATED at Lemont, Illinois this o? % day of 'Ate, - , 19 9/ .
(SEAL)
Municipal lerk
ORDINANCE NO. lk
AN ORDINANCE TO ESTABLISH A 9 -1 -1 EMERGENCY
TELEPHONE SYSTEM AND TO PROVIDE A METHOD OF
FUNDING SUCH A SYSTEM
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT
THE a (o DAY OF , 1991
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Lemont, Illinois, the
:.)(o day of ,f, 1991.
ORDINANCE NO. /71902
AN ORDINANCE TO ESTABLISH A 9 -1 -1 EMERGENCY
TELEPHONE SYSTEM AND TO PROVIDE A METHOD OF
FUNDING SUCH A SYSTEM
WHEREAS, the State of Illinois has enacted into law the Emergency Telephone
System Act, as amended,hereinafter called the "Act;" and
WHEREAS, the Act enables municipalities to impose a surcharge on monthly
billed subscribers of telecommunication carriers at a rate per network
connection in order to implement and /or upgrade and maintain a "9 -1 -1"
emergency telephone system; and
WHEREAS, the Act requires the telecommunication carrier to collect the
surcharge from its monthly billed subscribers residing within the corporate
limits of the municipality imposing the surcharge; and
WHEREAS, the Act allows the telecommunication carriers to deduct and retain
3% of the gross amount of surcharge collected for reimbursement of the
expense of accounting and collecting the surcharge; and
WHEREAS, the Act further provides that before the surcharge may be imposed it
must be authorized by a majority of the voters in a referendum by the
municipality; and
WHEREAS, the President and Board of Trustees deem it to be in the best
interest of the Village to implement and /or upgrade and maintain a "9 -1 -1"
emergency telephone system and to impose a surcharge on the monthly billed
subscribers of telecommunication carriers residing within the Village of
Lemont to pay for the costs associated therewith;
NOW, THEREFORE, be it ordained by the President and Board of Trustees, Cook
County, Illinois as follows:
SECTION ONE: A surcharge is hereby imposed, subject to the provisions of
Section Two, upon the monthly billed subscribers of the telecommunication
carriers residing within the Village of Lemont for funding of a "9 -1 -1"
emergency telephone system.
SECTION TWO: A referendum shall be placed by the Village Clerk on the
November 5, 1991 ballot for all legal voters residing in the Village of
Lemont to vote upon the following question:
Shall the Village of Lemont impose a surcharge
of up to 'X/ cents per month per network connection,
which surcharge will be added to the monthly bill you
receive for telephone or telecommunications charges
for the purpose of installing (or improving) a 9 -1 -1
emergency telephone system?
Yes
No
SECTION THREE: If a majority of the votes cast upon the question are in favor
thereof, a surcharge is hereby imposed on monthly billed subscribers of
telecommunication carriers residing within the Village of Lemont at a rate of
75 cents per month per network connection, as hereinafter defined.
SECTION FOUR: A monthly billed subscriber shall be deemed to reside within
the Village of Lemont if the service address, as hereinafter defined is
located within the Village.
SECTION FIVE: For purpose of this ordinance the following definitions shall
apply;
a. "Network Connection" means the number of voice grade communication
channels directly between a subscriber and a telecommunications
carrier's public switched network without the intervention of any
other telecommunications carriers switched network which would be
required to carry the subscriber's interpremise traffic.
b. "Service Address" means the location of the subscriber's
telecommunications facilities accessing the network connection or
connection(s) that are subject to the surcharge. If this is not a
defined location, service address shall mean the location of a
subscriber's primary use of the network connection as defined by
telephone number, authorization code, or location in Illinois where
bills are sent.
c. "Telecommunications Carrier" means any natural individual, firm,
trust, estate, partnership, association, joint stock company, joint
venture, corporation, municipal corporation or political
subdivision of this State, or a receiver, trustee, conservator or
other representative appointed by order of any court engaged in the
business of transmitting messages by means of electricity.
SECTION SIX: The Village Clerk shall provide any telecommunication carrier
collecting the surcharge with a certified list of those network connections
assigned to the Village of Lemont to be exempt from imposition of the
surcharge. The certified list may be revised by the Village on 60 day prior
written notice provided to the telecommunication carriers.
SECTION SEVEN: The surcharge shall be imposed on the first day of the month
following the expiration of 90 days from the date the Village Clerk certifies
to any of the telecommunication carriers who are required to collect the
surcharge that the referendum referred to in Section Two has passed.
SECTION EIGHT: Each telecommunication carrier is hereby authorized and
instructed to deduct 3% from the gross amount of surcharge collected prior to
remittance under Section Nine of this ordinance in reimbursement for the
expense of accounting and collecting the surcharge.
SECTION NINE: Every telecommunication carrier shall remit to the Village or
Emergency Telephone System Board Treasurer the amount of the surcharge
collected for each calendar month within 30 days following expiration of each
month to which the surcharge applies, net of any network or other "9 -1 -1" or
sophisticated "9 -1 -1" system charge then due the particular telecommunication
carrier as shown on an itemized bill and the 3% accounting and collection
charge described in Section Eight.
SECTION TEN: Simultaneously with the remittance described in Section Nine
above each telecommunication carrier shall make a return to the Village or
Emergency Telephone System Board Treasurer for the period to which the
remittance applies stating as follows:
1. The name of the telecommunication carrier.
2. The telecommunication carrier's principle place of business.
3. The number of network connections to which the surcharge applies.
4. The amount of surcharge collected.
5. Such other reasonable and related information as the corporate
authorities may require.
SECTION ELEVEN: If it shall appear that an amount of surcharge has been paid
which was not due under the provisions of this ordinance, whether as the
result of a mistake of fact or an error of law, then such amount shall be
credited against any surcharge due, or to become due, under this ordinance;
provided that no amounts erroneously paid more than three (3) years prior to
the filing of a claim therefor shall be so credited. Ninety (90) days prior
notice shall be given to the Emergency Telephone System Board on any credit
against a surcharge due.
SECTION TWELVE: No action to recover any amount of surcharge due under the
provisions of this ordinance shall be commenced more than three (3) years
after the due date of such amount.
SECTION THIRTEEN: That this Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form in the
manner provided by law. Bromberek
Buschman
AYES: 5
NAYS:
0
Ercoli
Kwasneski
Schobert
ABSENT: Margalus
PASSED and APPROVED this 0;2615E day of
1991
ATTEST: LLAG PRESIDENT
the
VILLAGE CLERK
FO R 40(c)
( e nf
CERTIFICATE OF BALLOT(Nonpartisan)
r.
fi#
gm u.
it/Y‘ ile ¥ the undersigned Local Election Official for
Page of
9 0 L
(Name of Governmental Unit)
do hereby state that this Certificate of Ballot, is a true and correct listing of all candidates and/or Petition-Initiated
Referenda, in the order that they are to appear on the Official Ballot at the Nonpartisan Election, November 5, 1991.
/
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OFFICIAL BALLOT
Office Title
TO SERVE A FULL YEAR TERM
VOTE FOR
1 2
3 4
5 6
7 8
OFFICIAL BALLOT
Office Title
TO SERVE AN UNEXPIRED YEAR TERM
VOTE FOR
1 2
3 4
Referendum No. 1
Referendum No. 2
Referendum No. 3