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Last modified
1/8/2018 3:07:22 PM
Creation date
10/13/2016 1:50:01 PM
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Resolutions
Resolution Number
2014-069
Approved Date
08/19/2014
Agenda Item Number
13.E.
Resolution Type
Electric Utility Rates
Entity Name
Town of Indian River Shores
City of Vero Beach
Subject
Florida Governmental Conflict Resolution Act
County Participation
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RESOLUTION NO.2014-4Za <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br />JOINING THE FLORIDA GOVERNMENTAL CONFLICT <br />RESOLUTION PROCESS INITIATED BY THE TOWN OF <br />INDIAN RIVER SHORES WITH THE CITY OF VERO BEACH. <br />WHEREAS, on July 18, 2014, the Town of Indian River Shores ("Town") held a special <br />call meeting at which the Town voted to adopt a resolution initiating the Florida Governmental <br />Conflict Resolution process with the City of Vero Beach ("City") concerning its conflict over <br />unreasonable electric rates, the City's refusal to comply with the referendum requirements set <br />forth in Section 366.04(7), Florida Statutes, and the removal of the City's electric facilities from <br />the Town upon expiration of the City's franchise; and <br />WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida <br />Statutes, requires governmental entities to follow a dispute resolution process prior to engaging <br />in litigation against another governmental entity; and <br />WHEREAS, on July 21, 2014, the Indian River County Board of County Commissioners <br />received a copy of a letter from Town Mayor Barefoot sent to the City concerning the Town's <br />lawsuit which invited Indian River County and other governmental entities, including the Indian <br />River County Hospital District and the Indian River County School Board, to participate in the <br />Florida Governmental Conflict Resolution process; and <br />WHEREAS, Indian River County shares the same conflicts with the City; and <br />WHEREAS, a governmental entity which receives notice of a conflict may, by passage <br />of its own resolution, join the Florida Governmental Conflict Resolution process as a primary <br />conflicting governmental entity; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />1. The Indian River County Board of County Commissioners adopts as true and <br />correct the recitals stated above and incorporates same by reference as part of this Resolution. <br />2. The Indian River County Board of County Commissioners hereby joins the <br />conflict resolution process initiated by the Town with the City, as a primary conflicting <br />governmental entity. <br />3. Pursuant to Section 164.1052, Florida Statutes, the Indian River County Board of <br />County Commissioners requests that a letter and a certified copy of this resolution be sent to <br />Town Manager Robert H. Stabe, Town Mayor Barefoot, the Town Council, City Manager James <br />R. O'Connor and City Council by certified mail, return receipt requested. The letter shall state <br />the nature of the conflict, and the justification for joining the conflict resolution process, and <br />suggestions regarding the officials who should be present at the conflict assessment meeting. <br />Copies of the letter shall also be provided to the Indian River County Hospital District and the <br />Indian River County School Board. <br />F Nu—lb d IGENF WR—k i— & 0rdinancesT-1.--1anpw 164 Re -k i—d- Page 1 of 2 <br />
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