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* Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do ilalics or underlining to indicate new matter. County of.„.C9rtland_ Local Law No QJB of the year 20—0.2 A local law -Qp.rtland..County_ Wir^^^ (Inierl Tide) STATE OF NEW VOWK 9EP3O 2002 MISCELLANEOUS & STATE RECORDS Sur.gMr^e. .Law. Be it enacted by the ...Le.gi.slature ofthe (Name ofLegisiative Body) County of Cortland (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99) ---PAGE BREAK--- LOCAL LAW NO. 6 FOR THE YEAR 2002 A LOCAL LAW TO ESTABLISH A SURCHARGE ON WIRELESS COMMUNICATIONS SERVICE IN THE COUNTY OF CORTLAND Be it enacted by the County Legislature of the County of Cortland as follows: SECTION 1. The title of this local law shall be Icnown as the "Cortland County Wireless Communications Service Surcharge Law". SECTION 2. Pursuant to the authority granted to the Cortland County Legislature by State Law, there is hereby imposed a surcharge of thirty cents per month on wireless communications service in the County of Cortland. SECTION 3. a. The said surcharge shall be imposed on each wireless communications device and shall be reflected and made payable on bills rendered for wireless communications service provided to a customer whose place of primary use is within the County of Cortland (may be referred to as "the County" hereafter). b. For purposes of this law, the term "place of primary use" shall mean the street address that is representative of where the customer's use of the wireless communications service primarily occurs, which address must be the residential street address or the primary business street address of the customer and within the licensed service area of the wireless communications supplier; provided, however, that a wireless service supplier may treat the address used by such supplier for any wireless communications customer under a service contract or agreement in effect on July 28, 2002 as that wireless communications customer's place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement, for purposes of determining the taxing jurisdiction with respect to taxes on wireless communications service. SECTION 4. The thirty-cent surcharge imposed herein shall begin on December 1, 2002; provided, however, that any wireless communications supplier within the County of Cortland which has imposed a surcharge pursuant to this law shall be given a minimum of forty-five days written notice prior to the date it shall begin to add such surcharge to the billings of its customers or prior to any modification to or change in the surcharge amount. ---PAGE BREAK--- SECTION 5. a. Each wireless communications service supplier serving the County of Cortland shall act as collection agent for the County and shall remit the funds collected pursuant to the surcharge imposed under the provisions of this law to the chief fiscal officer ofthe County every month. Such funds shall be remitted no later than thirty (30) days after the last business day of the month. b. Each wireless communications service supplier shall be entitled to retain, as an administrative fee, an amount equal to two percent of its collections ofthe surcharge imposed under the provisions of this law. c. Any surcharge required to be collected by a wireless communications service supplier shall be added to and stated separately in its billings to customers. d. Each wireless communications service supplier who is subject to the provisions of this law shall be liable to Cortland County for the surcharge until it has been paid to the County of Cortland, except that payment to a wireless communications service supplier is sufficient to relieve the customer from further liability for such surcharge. e. No wireless communications service supplier shall have a legal obligation to enforce the collection of any surcharge imposed under the provisions of this law, provided, however, that whenever the wireless communications service supplier remits the funds collected to the County, it shall also provide the County of Cortland with the name and address of any customer refusing or failing to pay a surcharge imposed under this provisions of this law, and shall state the amount of such surcharge remaining unpaid. f Each wireless communications service supplier shall annually provide to the County an accounting of the surcharge amounts billed and collected. SECTION 6. a. All surcharge monies remitted to the County of Cortland by a wireless communications service supplier shall be expended only upon authorization of the County and only for payment of system costs or other costs associated with the design, construction, operation, maintenance, and administration of public safety communications networks serving Cortland County. b. The County shall separately account for and keep adequate books and records of the amount and source of all such surcharge monies and of the amount and object or purpose of all expenditures thereof c. If, at the end of any fiscal year, the total amount of all such monies exceeds the amount necessary for payment of the above-mentioned costs in such fiscal year, such excess shall be reserved and carried over for the payment of those costs in the following fiscal year. ---PAGE BREAK--- SECTION 7. Separability If any provision of this local law or the application thereof to any person or circumstance is held to be invalid, the remainder of this local law and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 8. Effective date This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. ---PAGE BREAK--- ON MOTION OF MR. VANDEE & MR. WERN RESOLUTION NO. 372-02 ADOPT LOCAL LAW NO. 06 FOR THE YEAR 2002 CORTLAND COUNTY WIRELESS COMMUNICATIONS SERVICE SURCHARGE LAW WHEREAS, a Public Hearing was held on September 25'\ 2002 before the Cortland County Legislature, AND WHEREAS, said Local Law has been in its fmal form upon the desks ofthe members ofthe Cortland County Legislature at least seven calendar days exclusive of Sunday, prior to this date, NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 06 for the year 2002 be and the same is hereby enacted. STATE OF NEW YORK } SS: COUNTY OF CORTLAND } This is to certify that 1, the undersigned. Clerk of the Cortland County Legislature of the County of Cortland have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Cortland County Legislature of said county on the 25th clay of September 2002 and that the sanne is a correct and true transcript of such original resolution and of the whole thereof. IN WITNESS WHEREOF i have hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, this 25th of 9.009. ) y?o. Clerk of the Cortland County L^islature ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed herelo, desienated as local law No. -116. of of the (County)(ei4y)(q©wfi)(VHla^) of ..—C.OXtianfl was duly passed by the .....Legislatlir-^ on—Sep.t..25..,. 20-R?, in accordance with the applicable provisions oflaw. (Name of Legislative Body/ 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Cily)(Town)(Village) of was duly passed by the - - on 20 and was (approved)(not approved)(repassed after (Name of Legislative Body/ disapproval) by the - - and was deemed duly adopted on 20--- , (Elective Chtef Executive Officer*) in accordance with the applicable provisions oflaw. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. - of 20 of the (County)(City)(Town)(Vjllage) of was duly passed by the - - - on 20— , and was (approved)(not approved)(repassed after (Name ofLegisiative Body) disapproval) by the - - - on 20 Such local law was submitted (Elective Chief Executive Officer*) to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(speciai)(annual) election held on 20-— , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local iaw annexed herelo, designated as local law No. - - of 20 - ofthe (County)(City)(Town)(ViIlage) of was duly passed by the - - on - 20— , and was (approved)(not approved)(repassed afler (Name of Legislative Bodvi disapproval) by the-- — on 20—. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of - 20-— , in accordance with the applicable provisions of law. * Elective ChiefExecutive OfTicer means or includes the chief executive officer ofa county elected on a county- wide basis or, ifthere be none, the chairperson ofthe county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the iocai law annexed hereto, designated as local law No. of 20 of the City of - - having been submitted lo referendum pursuant to the provisions of section (36)(37) ofthe Municipal Home Rule Law, and having received the affirmative vote ofa majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20—, became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No. - of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20— , pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the quahfied electors of the cit- ies of said county as a unit and a majority ofthe qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and ofthe whole of such original local law, and was finally adopted in the manner in- dicated in paragraph—1 , above. Cleric of the County iegislative body. City, Town or ViySge Clerk or officer designated by local legislative body (Seal) n.t.- September 26th, 2002 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) STATE OF NEW YORK COUNTYOF Cortland I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment ofthe locai law annexed hereto. County Attorney Title County _ of Cortland •TO WITT Date: September 26th, 2002