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for nonrecurring charges. This fee shall be in effect for 12 <br />months from the effective date of this Resolution at which time <br />it shall be reviewed by the Board prior to the beginning of <br />Fiscal year 1989-90. <br />Section 2. That in accordance with the provisions of <br />Section 365.711, Florida Statutes, Southern Bell Telephone <br />Company shall collect such fees less an administrative fee <br />of an amount equal to 1 percent of the total "911" fee collect- <br />ed by Southern Bell. <br />Section 3. That in accordance with the provisions of <br />Section 365.171, Florida Statutes, Souther Bell shall provide <br />to the County a list of the names, addresses, and telephone <br />numbers of anyand all subscribers who have identified to <br />Southern Bell their refusal to pay the "911 fee. <br />Section 4. That pursuant to the authority set forth <br />within Section 365.171, Florida Statutes, Indian River County <br />hereby indemnifies and holds harmless Southern Bell Telephone <br />Company against liability for damages resulting from or in <br />connection with "911" service or identification of telephone <br />numbers, addresses, or names associated with any person accessing <br />"911" service, except if Southern Bell acts with malicious purpose <br />or in a manner exhibiting wanton and willful disregard of human <br />rights, safety or property in providing such services. <br />Section 5. That the Board hereby authorizes that a letter <br />be sent to Southern Bell notifying them of the imposition of the <br />fee, that the fees shall be collected by Southern Bell less an <br />administrative fee, that Southern Bell shall provide the County <br />with the above -referenced list and request written acknowledge- <br />ment from Southern Bell regarding the imposed fees and other <br />matters set forth within the 1;etter. <br />Section 6. SEVERABILITY <br />If any section, sentence, clause.or phrase of this <br />Resolution is held to be invalid or unconstitutional by any <br />court of competent jurisdiction, then said holding shall in <br />no way affect the validity of the remaining portions of this <br />Resolution. <br />67 BOOK .75 FACE: 67 <br />NOV 11988 <br />