IDAHO COUNTY ORDINANCE NO. 37
AN ORDINANCE OF IDAHO COUNTY, IDAHO, Providing for the Creation of a Consolidated Emergency Communications System; Providing Definitions Therefor; Providing for the Financing Therefor; Describing the Service Area Therefore; Establishing the Governing Board and Administrator Therefor; Establishing a Telephone Line User Fee; Providing for the Establishment of a Joint Powers Agreement and Governing Board; Authorizing the Governing Board to appoint An Official or Administrator; Providing for the Clerk to Create a Communication Fund; Providing for the Conversion of Pay Phones; Providing for the Effective Date Hereof.
WHEREAS, Title 31, Chapter 48 of the Idaho Code authorizes counties to create a consolidated emergency communication system funded by telephone line user fees, subject to voter approval of telephone line user fees; and
WHEREAS, an election was held in Idaho County on November 5, 1996, to seek voter approval of a telephone line user fee to fund said 911 service, and is that election over 60% of voters approved institution of a telephone line user fee in an amount equal to $1.00 per month to be used to fund said 911 services;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY, IDAHO, TO WIT:
CREATION OF EMERGENCY COMMUNICATION SYSTEM: there is hereby created, for the purpose of providing for the public health, safety, and welfare of the public, a consolidated emergency communication system, also known as a 911 telephone system, in Idaho County, State of Idaho, all as permitted and sanctioned by Idaho Code Title 31, Chapter 48. The purpose for the creation of the emergency communication system is to provide a county wide 911 telephone system.
FINANCING OF SYSTEM: The financing of the consolidated emergency communication system shall, in whole, be by line user fee in an amount not greater than $1.00 per month to be used to fund an emergency telephone system, commonly known as 911 service.
SERVICE AREA: The service area for the emergency communication system shall be the entirety of Idaho County as described in Idaho Code Section 31-124.
GOVERNING BOARD: The Governing board of the emergency communication system shall be the Board of County Commissioners for Idaho County as duly elected, or appointed, or its designated agent.
ADMINISTRATOR: The administrator for the emergency communication system shall be such person, officer, or agency designated to operate the emergency communication system as may be appointed by the governing board.
NET SAVINGS: The net savings, if any, from the operating expenditures realized by Idaho County from the implementation of the consolidated emergency communication system shall be used by Idaho County for the reduction of the ad valorem tax charges of said taxing district.
TELEPHONE LINE USER FEE: The telephone line user fee shall be a uniform amount not to exceed $1.00 per month per exchange access line, trunk line, network access register, or equivalent, and such fee shall be used exclusively to finance the initiation, maintenance, or enhancement of the consolidated emergency communication systems within Idaho County. Fee for collection of the monthly telephone line user fee shall be collected from customers on a monthly basis by all telecommunication entities which provide local telephone line service within Idaho County, and may be listed as a separate item on customers monthly billings.
LINE USER FEE COLLECTION: All such telephone company shall remit such fee to the County Treasurer’s office or to the Administrator or a designated by the Governing Board. From every other names to the governing board made on or before the date when the same becomes due, the Telephone Company are required to remit the same becomes due, the telephone company required to remit the same shall be entitled to deduct and retain through force of one percent (.75%) of the collected and not as the cost of administration for collecting the charge. Local exchange companies will be allowed to lift the surcharge on a separate item in the telephone subscriber’s bill, and shall not be obligated to take any legal action to enforce the collection of any charge, nor be held liable for such uncollected amounts.
ESTABLISHMENT OF JOINT POWERS BOARD FOR OPERATION OF EMERGENCY COMMUNICATION SERVICE: That Governing Board or Administrator may establish a joint powers agreement as provided in Idaho Code Title 67 Chapter 23. Such joint powers Board or Administrator shall be responsible for establishing, maintaining, and governing a consolidated emergency communication system. Providing emergency communication service shall be considered a government function.
AUTHORIZATION OF GOVERNING BOARD TO APPOINT OFFICIAL: The Governing Board in the absence of an agreement to form a joint powers Board or Administrator is provided in section 9.0 herein, are authorized to appoint an Official or Administrator to maintain and govern a consolidated emergency communication system.
CLERK’S ACCOUNT: the Idaho County Clerk is authorized to establish a dedicated fund to be designated the “Emergency Communication Fund” in which all fees collected pursuant to this ordinance shall be deposited in such fund shall be successfully for the purposes of this ordinance. The monies collected and the interest earned in this fund shall be apportioned by the County Commissioners, or Governing Board, for expenses incurred by the emergency communication system as set forth in an annual budget prepared by the joint powers Board, or in their absence, the County Commissioners, and incorporated into the annual county budget. All moneys collected and not so expended shall be held in trust by Clerk pending commencement of the budget year for FY 1998.
PAY PHONES CONVERSION: Every provider of telephone services or other owner of pay station telephones within Idaho County must convert every pay station telephone to permit dialing 911 or the Telephone Company operator without deposit of a coin or other charge to the caller. Said conversion must be completed by or before a time the emergency telephone system is operational.
EFFECTIVE DATE: This ordained shall be in full force and effect from and after its passage and per location, as provided by law.
PAST AND APPROVED by the Board of County Commissioners, Idaho County, Idaho, this 22 day of June, 1998.
IDAHO COUNTY COMMISSIONERS
GEORGE ENNEKING, Chairman
HARRY OWENS, Commissioner
LEWIS ULMER, Commissioner
ROSE GEHRING, Clerk