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HomeMy WebLinkAboutORD 7277 TO AMEND ARC CODE CREATING ARTICLE SEIX SECTION 2-2-57 RELATING TO IMPOSING A 9--1-1 CHARGE ON PREPAID WIRELSS SERVICE ORDINANCE NO. � 2 � � AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE CREATING TITLE TWO CHAPTER TWO ARTICLE SIX SECTION 2-2-57 RELATING TO IMPOSING A 9-1-1 CHARGE ON PREPAID WIRELESS SERVICE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, as amended by Act No. 187, Georgia Laws 2011, authorizes counties and cities that operate a 9-1-1 public safety answering point to impose a 9-1-1 charge on prepaid wireless service at the retail point of sale; and, WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia Annotated such charges may be imposed at the rate of 75 cents per retail transaction; and WHEREAS, revenues received by a county or municipality from such charges must be deposited in the emergency telephone assistance fund maintained by the county or municipality; and WHEREAS, imposition of the charge on prepaid wireless service is contingent upon the enactment of an ordinance or resolution of the county or municipality; and WHEREAS, Augusta, Georgia operates a 9-1-1 public safety answering point. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AuGUSTa, Ga. CoDE Section 2-2-57 is hereby created as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective on January l, 2012. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. � ` r P y ` • � . . � Adopted this 2nd day of August � 2011. ��N � � � David S. Copenhaver As its Mayor Attest: �(,2��� �" 3 � � '� ry ,� ; � �� °° � � '�s� y ✓ � � ena�'`�� , ' �� ' `�,��of Commission � �,� p� , °�o� � - !" �'' 0 �, �,. � ��� �� . S� 6� e. Q - a � � � � Q � ��1 � � t ^� �f7 c�3 � � � @ ` k .: m ... r.'� � c Q ��r ;;r: o r / �� � r ��.? €` "' .� ,� �� P , � �' ` �;a �� � �'� a�, �y� �r.., �� � �� � 4 � +� . T , ' i * � ' j . . CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on august 2 , 2011 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting ). ena J. Bo r, lerk of Commission Published in the Augusta Chronicle. Date: august i i. 2oi i First Reading Julv 19 , 2o i 1 Second Reading �s�s� �r���, , . . EXHIBIT A Sec. 2-2-57. Prepaid Wireless 9-1-1 Charge. (a) Implementation. In accordance with O.C.G.A. § 46-5-134.2, there is hereby imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. § 46-5- 134.2(a)(4) upon every prepaid wireless retail transaction occurring within the jurisdiction of the 9-1-1 public service answering point in the amount of 75 cents. (b) Collection of 9-1-1 Charge on Prepaid Wireless Transactions. Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the Commissioner of the Department of Revenue at the times and in the manner provided by Chapter 8 of Title 48 of the Official Code of Georgia Annotated with respect to the sales and use tax imposed on prepaid wireless calling service. (c) Administrative P�ovisions. The Clerk of the Augusta, Georgia Commission is hereby directed to file with the State Revenue Commissioner a certified copy of this ordinance and amendments thereto, in accordance with O.C.G.A. § 46-5- 134.2(j)(1), within ten (10) days of enactment of this ordinance. (d) Depositing of Funds; Use of Funds. In accordance with O.C.G.A. § 46-5- 134.2(j)(5), funds received by Augusta, Georgia from charges imposed by this ordinance shall be deposited in the Emergency Telephone System Fund maintained by Augusta, Georgia pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the jurisdiction; all such funds shall be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134(fl.