NO. 122-10

NOTICE OF PUBLIC HEARING ON AN

ORDINANCE REGARDING ENHANCED 911

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Wahkiakum County, Washington, will hold a public hearing commencing: October 19, 2010, at 11:00 a.m. in Commissioners Public Meeting Room, 3rd Floor, Wahkiakum County Courthouse, 64 Main Street, Cathlamet, Washington, for the purpose of determining whether or not the Ordinance set forth below shall be adopted, and at which hearing any person may appear and be heard for or against said Ordinance.

ORDINANCE NO. ________-10

AN ORDINANCE REGARDING ENHANCED 911

WHEREAS, Enhanced 911 has become an essential service due to the increased prevalence of emergency reports by means other than landline phone, such as cellular and Voice Over Internet Protocol (VOIP) messages; and

WHEREAS, the County of Wahkiakum cannot hope to devote sufficient funding to offer Enhanced 911 service based on its income and other financial commitments, and thus must turn to state and federal governments for funding assistance; and

WHEREAS, RCW 38.52.540 mandates that such funding is only available to counties that charge the maximum rate of Enhanced 911 excise tax on wireline and wireless services; and

WHEREAS, the County of Wahkiakum has been holding the line on this tax for as long as possible without losing funding, and will no longer be able to get necessary funding for Enhanced 911 services without charging the maximum rate; and

WHEREAS, this Ordinance is therefore necessary for the health and safety of the people of the County of Wahkiakum;

NOW BE IT HEREBY ORDAINED BY THE COUNTY COMMISSION OF THE COUNTY OF WAHKIAKUM AS FOLLOWS:

1. Definitions

The definitions contained in Section 2, Chapter 19, Laws of 2010 1st Special Session, of the terms "emergency services communication system," "enhanced 911 emergency communications system," "interconnected voice over internet protocol service," "interconnected voice over internet protocol service line," "switched access line," "local exchange company," "radio access line," "radio communications service company," "private telecommunications system," "subscriber," and "place of primary use," are adopted by reference for the purposes of this ordinance.

2. Tax levied

A. There is hereby levied an increase in the excise tax from 50 cents to 70 cents on the use of all taxable switched access lines in Wahkiakum County, as authorized by Section 3, Chapter 19, Laws of 2010 1st Special Session.

B. There is hereby levied an increase in the excise tax from 50 cents to 70 cents on the use of each radio access line whose place of primary use is located within Wahkiakum County, as authorized by Section 3, Chapter 19, Laws of 2010 1st Special Session.

C. There is hereby levied an excise tax of 70 cents on the use of each interconnected voice of internet protocol service line whose place of primary use is located within Wahkiakum County, as authorized by Section 3, Chapter 19, Laws of 2010 1st Special Session.

3. Use of Proceeds

The proceeds of the tax shall be used for an enhanced 911 emergency communications system.

4. Tax Collection

Wahkiakum County must contract with the department of revenue for the administration and collection of the excise tax as provided in Section 4, Chapter 19, Laws of 2010 1st Special Session.

5. Effective Date

The effective date of the tax herein imposed is January 1, 2011, and notice of the tax shall be provided by Wahkiakum County to all radio communications service companies, local exchange companies, and companies providing interconnected voice over internet protocol service at least sixty days in advance of the date on which the first payment is due.

6. Severability

If any provision or section of this ordinance shall be held invalid, all other parts, provisions and sections of this ordinance shall continue in full force and effect.

DULY PASSED AND ADOPTED in Regular Session following a public hearing thereon, this _______ day of October, 2010.

BOARD OF COUNTY COMMISSIONERS

OF WAHKIAKUM COUNTY, WASHINGTON

________________________________________

Blair H. Brady, Chairman

________________________________________

Daniel L. Cothren, Commissioner

________________________________________

Lisa M. Marsyla, Commissioner

ATTEST:

____________________________

Marsha LaFarge

Clerk of the Board

APPROVED AS TO FORM this _____ day of October, 2010:

_______________________________

Daniel H. Bigelow

Prosecuting Attorney

Additional copies of the foregoing proposed Ordinance are available at the office of the Wahkiakum County Auditor, Wahkiakum County Courthouse, 64 Main Street, Cathlamet, Washington.

The Commissioners' Public Meeting Room is accessible for persons with disabilities. Additional Assistance for Persons With Disabilities: If you will need any special accommodations to participate in the hearing, please contact Chuck Beyer at least forty-eight (48) hours in advance, at (360) 795-3067.

THIS NOTICE IS GIVEN this 5th day of October, 2010, pursuant to an Order of the Board of County Commissioners entered in Regular Session on the 5th day of October, 2010.

BOARD OF COUNTY COMMISSIONERS OF

WAHKIAKUM COUNTY, WASHINGTON, BY:

MARSHA LaFARGE

Marsha LaFarge, Clerk of

the Board of County Commissioners

Approved as to form:

DANIEL H. BIGELOW

Daniel H. Bigelow

Prosecuting Attorney

RCW 36.32.120

Publish October 7 & 14, 2010