Laserfiche WebLink
Vero Beach Mediation Statement - Attachment D <br />411 RESOLUTION NO. 2014- 40 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF VERO BEACH, FLORIDA, AUTHORIZING THE <br />CITY'S STAFF TO DEVELOP A PROPOSED ORDINANCE, <br />IN COLLABORATION WITH CITY ELECTRIC <br />CUSTOMERS, INCLUDING INDIAN RIVER COUNTY <br />AND THE TOWN OF INDIAN RIVER SHORES, FOR THE <br />ESTABLISHMENT OF A UTILITY AUTHORITY TO <br />OPERATE THE BUSINESS OF THE CITY ELECTRIC <br />UTILITY; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the City of Vero Beach operates an electric utility system that serves <br />customers inside the city limits of the City and also serves customers located in unincorporated <br />Indian River County and in the Town of Indian River Shores; and <br />WHEREAS, customers have expressed a desire that the City establish a utility authority <br />to operate the business of the City's electric utility system; and <br />WHEREAS, in 2008, the Florida Legislature enacted Section 366.04(7), Florida Statutes <br />(also referred to herein as the "2008 Statute"), which required municipal electric utilities meeting <br />certain criteria to conduct a referendum of their named retail electric customers regarding those <br />customers' desire to have the municipal electric utility establish a utility authority to operate the <br />business of the electric utility; and <br />WHEREAS, the City of Vero Beach duly evaluated whether the City was subject to <br />Section 366.04(7), Florida Statutes, in accordance with the criteria set forth therein, and <br />determined that it was not subject to that section, because the City had fewer than 30,000 named <br />retail electric customers as of September 30, 2007, and also because the City electric utility <br />served customers outside Indian River County as of September 30, 2007; and <br />WHEREAS, customers of the City electric system have continued to request that the <br />City consider establishing a utility authority to operate the business of the City electric utility; <br />and <br />WHEREAS, the Town of Indian River Shores has initiated a civil lawsuit against the <br />City, in which the Town effectively demands, among other things, that the Circuit Court order <br />the City to comply with the requirements of the 2008 Statute; and <br />WHEREAS, although the City is not subject to the 2008 Statute, the City desires as a <br />matter of good faith and responsiveness to the concerns expressed by its customers, to move <br />forward toward developing an ordinance that would provide for a separate utility authority to <br />operate the business of the City's electric utility system; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF VERO BEACH, FLORIDA, THAT: <br />Page 1 of 3 <br />• <br />