HomeMy WebLinkAboutResolutions 18-09-487 - 09/24/2018 - 911 CHARGES - WIRELESS ENHANCEDSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 18-09-487
A RESOLUTION OF THE CITY OF MILTON UPDATING AND AUTHORIZING
9-1-1 CHARGES ON TELEPHONE SERVICES AND WIRELESS ENHANCED
9-1-1 CHARGES ON WIRELESS SERVICES OTHER THAN PREPAID
WIRELESS SERVICES; PROVIDING AN EFFECTIVE DATE; REPEALING
PRIOR RESOLUTIONS IN CONFLICT; AND FOR OTHER PURPOSES
WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative
power to adopt clearly reasonable ordinances, resolutions, or regulations relating to their property,
affairs, and local government; and
WHEREAS, O.C.G.A. § 46-5-133(a) authorizes counties and municipalities that operate
or contract for the operation of an emergency 9-1-1 system to adopt a resolution to impose a
monthly 9-1-1 charge or wireless enhanced 9-1-1 charge on telephone service and wireless service
not including prepaid wireless service; and
WHEREAS, pursuant to O.C.G.A. § 46-5-134(a)(1)(A)(i), 9-1-1 charges on telephone
service shall be imposed at the rate of $1.50 per month; and
WHEREAS, pursuant to O.C.G.A. § 46-5-134(a)(2), wireless enhanced 9-1-1 charges on
wireless telephone service, not including prepaid wireless service, shall also be imposed at the rate
of $1.50 per month; and
WHEREAS, pursuant to O.C.G.A. § 46-5-134(d)(2), revenues received by the City from
such charges must be deposited in the City's Emergency Telephone System Fund; and
WHEREAS, in accordance with O.C.G.A. §§ 46-5-133 and 46-5-134, the City of Milton
currently imposes 9-1-1 charges and wireless enhanced 9-1-1 charges in the amount of $1.50 per
month; and
WHEREAS, the City of Milton desires to retain the current monthly charge of $1.50 and
to update its 9-1-1 resolution to conform to recent revisions to state law.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF
MILTON, as follows:
Section 1. Definitions
Unless specified otherwise in this resolution, all terms shall be defined in the same manner as
-- specified in O.C.G.A. § 46-5-122.
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Section 2.9-1-1 Charges on Monthly Services
(a) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly 9-1-1 charge upon each
telephone service subscribed to by a telephone subscriber whose exchange access lines are in the
areas served or which would be served by the 9-1-1 service. Pursuant to O.C.G.A. § 46-5-
134(a)(1)(A), the amount of such 9-1-1 charge shall be $1.50 per month per telephone service
provided to the telephone subscriber.
(b) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly wireless enhanced 9-1-1
charge upon each wireless telecommunications connection, other than a connection for prepaid
wireless service, subscribed to by a telephone subscriber whose place of primary use is within the
geographic area that is served by the City of Milton, or that would be served by the City of Milton
for the purpose of such an emergency 9-1-1 system. Pursuant to O.C.G.A. § 46-5-134(a)(2)(A),
the amount of such enhanced wireless 9-1-1 charge shall be $1.50 per month per wireless
telecommunications connection provided to the telephone subscriber.
Section 3. Collecting and Remitting of 9-1-1 Charges
All such 9-1-1 charges and wireless enhanced 9-1-1 charges collected by service suppliers shall
be remitted to the Georgia Department of Revenue, as the contracted collection partner of the
Georgia Emergency Communications Authority, at the times and in the manner provided by
O.C.G.A. § 38-3-185, O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or
Georgia Emergency Communications Authority rule or regulation adopted pursuant to Article 12
of Chapter 13 of Title 38 of the Official Code of Georgia Annotated and Chapter 13 of Title 50 of
the Official Code of Georgia Annotated, the "Georgia Administrative Procedures Act."
Section 4. Deposit and Use of Proceeds
Pursuant to O.C.G.A. § 46-5-134, all proceeds received by the City of Milton from 9-1-1 charges
or wireless enhanced 9-1-1 charges imposed by this resolution shall be deposited in the Emergency
Telephone System Fund maintained by the City; kept separate from general revenue of the City;
and used exclusively for the statutorily authorized purposes.
Section 5. Resolution Filing Requirements
The City Clerk shall file with the state revenue commissioner a certified copy of this resolution
within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall
likewise be so filed by the clerk within ten (10) days of the adoption thereof.
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Section 6. Effective Date and Applicability
This resolution shall become effective one hundred and twenty (120) days from the date of its
adoption. Any prior resolutions pertaining to 9-1-1 charges or wireless enhanced 9-1-1 charges
shall remain in effect until such date.
Section 7. Repealer
All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of the
Effective Date above.
SO RESOLVED this 24th day of September 2018, the public health, safety, and welfare
demanding it.
Approved:
Joe Lockwood,'Mayor
Attest:
Sudie Gordon, Cler , City of Milton
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