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( J <br />IRC Franchise (12/22/86) <br />ORDINANCE NO. 86 90 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, ADOPTING A FEE IN LIEU OF A <br />FRANCHISE FEE TO BE CHARGED TO CUSTOMERS <br />RECEIVING WATER AND/OR SEWER SERVICE FROM <br />THE INDIAN RIVER COUNTY DIVISION -OF UTILITY <br />SERVICES AND CUSTOMERS IN THE <br />UNINCORPORATED AREA OF THE COUNTY RECEIVING <br />WATER, SEWER, AND/OR ELECTRIC SERVICE FROM <br />THE CITY OF VERO BEACH. <br />WHEREAS, Indian River County is a non -charter county, <br />operating pursuant to Florida law and in particular Chapter 125, <br />Florida Statutes, which authorizes and directs the Board of County <br />Commissioners to provide and regulate solid waste and sewage <br />collection and disposal, and water supply, and to provide and <br />regulate highway facilities, and <br />WHEREAS, Chapter 125, F.S., authorizes counties to <br />perform any other acts not inconsistent with law, which acts are <br />in the common interest of the people of the county and to exercise <br />all powers and privileges not specifically prohibited by law; and <br />WHEREAS, pursuant to this grant of authority by the <br />State, the County has adopted a policy of collecting a franchise <br />fee of 6% of gross revenues from private corporations providing <br />water, sewer, and electrical services within the county; and <br />WHEREAS, the County also operates its own water and <br />sewer system, which is presently not charged a franchise fee; and <br />WHEREAS, the City of Vero Beach provides water, sewer, <br />and electrical services to certain unincorporated area residents, <br />who are also not charged any franchise fee by the County; and <br />WHEREAS, Indian River County feels that it is unfair <br />for publicly owned utilities. not to be charged a fee similar to <br />the franchise fee paid by private utilities, and that this can be <br />remedied by enacting a "fee -in -lieu -of -franchise" fee, equivalent <br />to the fees which would be charged if the County system were <br />operated by a private utility; and <br />41 <br />WHEREAS, the recent case of Rosalind Holding Co. vs. <br />Orlando Utilities Commission, 402 So.2d 1209 (Fla. 5th DCA 1981) <br />authorized "franchise" payments made by the Orlando Utilities <br />Commission to the City of Orlando, provided that the fees are not <br />