DATED: 1990

Local Law NO. 3
SECTION 1. LEGISLATIVE INTENT.
The Montgomery County Board of Supervisors does hereby recognize the
importance of the health, safety and welfare of the residents of the County.
It further recognizes that when the lives or property of its residents are in
imminent danger, then timely and appropriate assistance must be rendered. The
Board has determined that the enhanced emergency telephone system known as
IE911" provides substantial benefits beyond basic 911 systems through the
provision of selective routing and automatic number and location
identification and that these enhancements not only significantly reduce the
response time of emergency services but also represent the state-of-art in
fail-safe emergency telephone system technology.
The New York State Legislature has recognized that the cost of
implementing, maintaining and upgrading an E911 system is costly and has
adopted Chapters 756 and 757 of the Laws of 19B9 amending the County Law and
the Tax Law to provide counties with a funding mechanism to assist in the
payment of the costs associated with establishing and maintaining an E911
system. It is the intent of the Board of Supervisors to provide for the
health, safety and welfare of the residents of Montgomery County by adopting
this local law imposing a surcharge on the customers of every telephone
service supplier within the County to pay for the costs associated with
planning, designing, purchasing, operating and maintaining telecommunication
equipment and telephone services needed to provide and maintain an enhanced
911 emergency telephone system to serve Montgomery County.

SECTION 2. ESTABLISHMENT OF COUNTY SURCHARGE FOR ENHANCED
EMERGENCY TELEPHONE SYSTEM.
The County of Montgomery hereby adopts the applicable provisions of
Chapters 756 and 757 of the Laws of 1989 as they pertain to county and
emergency telephone systems and hereby imposes a surcharge in an amount of
Thirty-Five Cents ($.35) per access line, per month, on the customers of every
telephone service supplier within the County of Montgomery to pay for the
costs associated with the planning, design, purchase, obtaining, operating and
maintaining of telecommunication equipment and telephone services needed to
provide an enhanced 911 emergency telephone system to serve Montgomery County.

SECTION 3. DEFINITIONS.
All words and phrases used in this local law shall have the same meaning
as defined in Chapter 756 of the Laws of 1989 and as specifically defined in
this local law as follows:
a.) "E911 system" means an enhanced emergency telephone service which
automatically connects a person dialing the digits 9-1-1 to an
established public service answering point and which shall include, but
not be limited to, selective routing, automatic number identification and
automatic location identification.
b.) "911 service area" means the area within the geographic boundaries of
Montgomery County.
c.) "Service supplier" means a telephone corporation which provides local
exchange access service within a 911 service area.

SECTION 4. EFFECTIVE DATE OF IMPOSITION OF SURCHARGE.
All telephone service suppliers which provide local exchange access
service within the 911 service area in Montgomery County shall add and impose
such surcharge to the billing of its customers commencing January 1, 1991.

SECTION 5. APPLICATIONS; LIMITATION; EXEMPTIONS.
a.) The surcharge established pursuant to this local law and Chapters 756
and 157 of the Laws of 1989 shall be imposed on a per access 1tne basis on all
current bills rendered for local exchange access service within the 911
service area in Montgomery County.
b.) No surcharge shall be imposed upon more than fifty (50) exchange
access lines per customer per location.
c.) Lifeline customers and the County of Montgomery shall be exempt from
the surcharge imposed under this local law.

SECTION 6. COLLECTION OF SURCHARGE.
a.) The appropriate service supplier or suppliers serving the 911 service
area in Montgomery County shall act as collection agents for the County and
shall remit the funds collected as the surcharge to Montgomery County
Treasurer every two months. Such funds shall be remitted no later than thirty
(30) days after the last business day of such period.
b.) The service supplier shall be entitled to retain as an administrative
fee an amount equal to two percent (2%) of its collections of the surcharge.
c.) The surcharge required to be collected by the service supplier shall
be added to and stated separately in its billings to the customer.
d.) The service supplier shall annually provide to the County an accounting of the surcharge amounts billed and collected.

SECTION 7. LIABILITY FOR SURCHARGE.
a.) Each service supplier customer who is subject to the provisions of
this local law shall be liable to the County for the surcharge until it has
been paid to the County, except that payment to a service supplier is
Sufficient to rel1eve the customer from further liability for such surcharge.
h.) The service supplier shall have no obligation to take any legal
action to enforce the collection of any surcharge. However whenever the
service supplier remits the funds collected as the surcharge to the County it
shall also provide the County with the name and address of any customer
refusing or fall1ng to pay the surcharge imposed by this local law and shall
state the amount of such surcharge remaining unpaid.


SECTION 8. SYSTEM REVENUES; ADJUSTMENT OF SURCHARGE.
All surcharge monies remitted to the County by a service supplier and all
other monies dedicated to the payment of system costs from whatever source
derived or received by the County shall be expended only upon authorization of
the Board of Supervisors and only for payment of system costs as permitted by
Chapters 756 and 757 of the Laws of 1989. The County shall separately account
for and keep adequate books and records of the amount and source of all such
revenues and of the amount and object or purpose of all expenditures thereof.
If at the end of any fiscal year the total amount of all such revenues exceeds
the amount necessary and expended for payment of system costs in such fiscal
year, such unencumbered cash surplus shall be carried over for the payment of
system costs in the following fiscal year. However, if at the end of any
fiscal year such unencumbered cash surplus exceeds an amount equal to five
percent (5%) of that necessary for the payment of system costs in such fiscal
year, the Board of Supervisors shall, by local law, reduce the surcharge for
the following fiscal year to a level which more adequately reflects the system
costs requirements of its E911 system. The Board may also, by local law,
reestablish or increase such surcharge, subject to the provisions of Chapters
756 and 757 of the Law of 1989 and this local law, if the revenues generated
by such surcharge and by any other source are not adequate to pay for system
costs.

SECTION 9. SAVING CLAUSE.
If any clause, sentence or paragraph of this local law shall be adjudged
by any court of competent jurisdiction to be invalid, such adjudication shall
not affect, impair or invalidate the remainder of the local law which shall as
to such remainder remain in effect.

SECTION 10. EFFECTIVE DATE.
This local law shall take effect upon its filing thereof in the office of
the Secretary of State.