Nebraska Statutes 86-435. 911 service; costs; surcharges authorized; additional increase; when; agreement by governing bodies; use
(1) A governing body may incur any nonrecurring or recurring charges for the installation, maintenance, and operation of 911 service and shall pay such costs out of general funds which may be supplemented by funds from the imposition of a service surcharge. A governing body incurring costs for 911 service may impose a uniform service surcharge of up to fifty cents per month on each telephone number or functional equivalent of service users whose primary place of use is within the governing body’s 911 service area, except for those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service. The initial service surcharge may be imposed at any time subsequent to the execution of an agreement for 911 service with a service supplier.
Terms Used In Nebraska Statutes 86-435
- Contract: A legal written agreement that becomes binding when signed.
- Governing body: means the county board, the city council of a city, the board of trustees of a village, or the board of directors of any rural or suburban fire protection district. See Nebraska Statutes 86-426
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Month: shall mean calendar month. See Nebraska Statutes 49-801
- Primary place of use: means the residential or business street address that is representative of the primary location of the customer's use of a service that includes the provision of 911 service. See Nebraska Statutes 86-429.01
- Service supplier: means any person providing 911 service in this state. See Nebraska Statutes 86-432
- Service surcharge: means a charge set by a governing body and assessed on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's designated 911 service area, with the exception of those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service. See Nebraska Statutes 86-433
(2) Except in a county containing a city of the metropolitan class, such uniform service surcharge in subsection (1) of this section may be increased by an additional amount not to exceed fifty cents per month. Such additional increase shall be made only after:
(a) Publication of notices for a public hearing. Such notices shall:
(i) Be published at least once a week for three consecutive weeks in a legal newspaper published or of general circulation in the areas affected;
(ii) Set forth the time, place, and date of such public hearing; and
(iii) Set forth the purpose of the public hearing and the purpose of the increase; and
(b) A public hearing is held pursuant to such notices.
(3) If 911 service is to be provided for a territory which is included in whole or in part in the jurisdiction of two or more governing bodies, the agreement for such service shall be entered into by each such governing body unless any such governing body expressly excludes itself from the agreement. Such an agreement shall provide that each governing body which is a customer of 911 service will pay for its portion of the service. Nothing in this subsection shall be construed to prevent two or more governing bodies from entering into a contract which establishes a separate legal entity for the purpose of entering into such an agreement as the customer of the service supplier or any supplier of equipment for 911 service.
(4) If a governing body’s 911 service area includes a local exchange area which intersects governmental boundary lines, the affected governmental units may cooperate to provide 911 service through an agreement as provided in the Interlocal Cooperation Act or the Joint Public Agency Act. The agreement shall provide for the assessment of a uniform service surcharge within a governing body’s 911 service area. The service surcharge on each telephone number or functional equivalent of service users whose primary place of use is within the governing body’s 911 service area, except for those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service, shall be the same as the amount allowed in subsections (1) and (2) of this section.
(5) Funds generated by the service surcharge shall be expended only for the purchase, installation, maintenance, and operation of telecommunications equipment and telecommunications-related services required for the provision of 911 service.