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ORDINANCE NO. 34-2011 AN ORDINANCE TO AMEND CHAPTER _____ OF THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND BY THE MAYOR AND CITY COUNCIL RELATING TO THE IMPOSITION OF 9-1-1 CHARGES;
TO IMPOSE A 9-1-1 CHARGE ON PREPAID WIRELESS SERVICE AT THE RETAIL POINT OF SALE; TO SET A RATE PER RETAIL TRANSACTION; TO DEPOSIT ANY SUCH CHARGE AMOUNT RECEIVED INTO THE EMERGENCY
ASSISTANCE FUND MAINTAINED BY THE COUNTY OR MUNICIPALITY; TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority
for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers,
and WHEREAS, Part 4 of Article II 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 O.C.G.A. Section 46-5-134.2(b)(1),
such charges may be imposed at the rate of seventy-five cents ($0.75) 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, the 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, the prepaid wireless 9-1-1 charge shall be collected from the consumer with respect to each retail transaction
occurring in the state, including within the jurisdiction of the City of Tybee Island, and
WHEREAS, the City of Tybee Island operates a 9-1-1 public safety answering point, NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island, Georgia
that the Code of Ordinances of the City of Tybee Island, Georgia be and is hereby amended as follows Sec. 1. 9-1-1 Charge on prepaid wireless transactions. In accordance with O.C.G.A.
Section 46-5-134.2, there is hereby imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. Section 46-5-134.2(a)(4) upon every prepaid wireless retail transaction occurring within
the jurisdiction of the public service answering point in the amount of seventy-five cents ($0.75). Sec. 2. 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. Sec. 3. Administrative provisions. The Clerk of the City of Tybee Island,
Georgia, 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. Section 46-5-134.2(j)(1)
by December 31, 2011. Sec. 4. Depositing of funds; use of funds. In accordance with O.C.G.A. Section 46-5-134.2(j)(5), funds received by the City from charges imposed by this ordinance
shall be deposited in the Emergency Telephone System Fund maintained by the City pursuant to O.C.G.A. Section 46-5-134(d)(2) and kept separate from general revenue of the jurisdiction.
All such funds shall be exclusively for the purposes authorized by O.C.G.A. Section 46-5-134(f). Sec. 5. Repealer. All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed. Sec. 6. Effective date. As required by O.C.G.A. Section 46-5-134.2(j)(1), the ordinance shall become effective January 1, 2012. It is the intention of the governing
body, and it it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on ________ day of __________________,
2011. ADOPTED THIS DAY OF , 2011. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ______ ENACTED:
CERTIFICATION I hereby certify that the foregoing is a true and correct copy of an original ordinance, Ordinance _________________, duly adopted by the City Council of the City of Tybee
Island, Georgia, on the _____ day of __________________, 2011. In witness whereof, I hereunto set my hand and affix the seal of the City, this ____ day of ______________, 2011. ______________________
________________ Acting Clerk EMH/Tybee/Ordinances/2011/34-2011 – 9-1-1 service