Ord 2004-015 - Laserfiche WebLink

Home

SEC. 2-16-230 Collection of Fee. A. The fee imposed by this Chapter shall be billed to the telephone subscriber by the service supplier with its regular bill otherwise in accordance with the service supplier's normal billing procedures, and service suppliers shall be required to collect such fees as are remitted from telephone subscribers so billed, on behalf of the City of San Leandro. Fee revenues remitted to service suppliers by telephone subscribers shall be held for the City and service suppliers shall remit the fee revenues collected to the City Finance Director on a monthly basis on or before the last day of the month following the month in which they were collected. B. The fee required to be collected by service suppliers under this Chapter shall be added to the service supplier's billings to subscribers. The fee shall be stated separately as the City of San Leandro Emergency Communication System Access Fee on billings by service suppliers whose billing systems as presently configured are capable of such programming, and the Finance Director shall otherwise enter into such Administrative Agreements as may be required to accommodate appropriate billing of the fee as provided in Section 2-16-270 of this Chapter. Where authorized by federal or State law, the Finance Director may require reasonable modifications to a service supplier billing system platform to accommodate requirements of this subsection provided an Administrative Agreement for recovery of all one-time costs incurred by the service supplier to comply is executed as provided by Section 2-16-270 of this Chapter. C. In the event a telephone subscriber makes partial payment of the total charges billed for service and the Emergency Communication System Access Fee that have accrued for the billing period, absent express written direction by the telephone subscriber identifying those charges in dispute, such partial payment shall be applied to satisfy, in order. (1) charges due and owing to the service supplier for services and products; (2) applicable federal and state sales and use taxes; (3) authorized pass-through expenses, costs and other charges for which the service supplier maybe directly liable for payment to federal and State governments including, but not limited to, Universal Service Fee (USF) charges; and (4) charges for which service suppliers are acting as mere conduits for collection and remittance including the City of San Leandro Emergency Communication System Access Fee. Service suppliers shall pursue the normal course of collection efforts for deficiencies in payment of the fee from telephone subscribers. Notwithstanding the foregoing, a telephone subscriber shall not be relieved of the duty to pay the fee to the service supplier in any dispute of other items billed except in cases in which the dispute arises from claims of interruption or impairment of service on the access line on which the fee under this Chapter is assessed. D. The duty to collect the fee from a telephone subscriber shall commence with bills issued on or after December 1, 2004; provided that, however, within five days of the effective date of the Chapter, City officials provide to service suppliers written notice of their responsibility to bill and remit fees collected. In the event that notice is not sent within five days of the Chapter's effective date, service suppliers' duty to bill and ORDINANCE NO. 2004-015 g