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, <br />RESOLUTION NO. 84- 28 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA REQUESTING THE <br />UNITED STATES CONGRESS TO ADDRESS THE SHERMAN <br />ANTI-TRUST ACT AND CLARIFY THE LAWS APPLICATION <br />TO LOCAL GOVERNMENTS. <br />WHEREAS the Sherman Anti -Trust Act was originally <br />enacted by Congress to prevent the large "trusts" from striking at <br />the heart of the American Free Enterprise system, and <br />WHEREAS the Act was not originally intended to apply <br />to local governments while performing their functins, and <br />WHEREAS local governments have enjoyed what they <br />thought to be immunity from anti-trust actions under the premise <br />that local governments are instrumentalities of the state <br />performing state functions and therefore immune from anti-trust <br />violations under the State Immunity Doctrine, and, <br />WHEREAS the Supreme Court of United States in the <br />case of Community Communication Corporation vs. The City of <br />Boulder interpreted the Sherman Anti -Trust ',aws and indicated that <br />for a local government to enjoy such "state immunity" the local <br />government must be acting pursuant to a "clearly articulated and <br />affirmatively expressed" state policy. Despite a County's broad <br />"Home Rule" authority they are not entitled to anti-trust immunity <br />in all cases and, <br />WHEREAS because state laws have been written over <br />the years without consideration of this new requirement local <br />governments find themselves completely unprotected from anti-trust <br />liability while performing essential governmental functions. <br />NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY that <br />1. The Board of County Commissioners of Indian River <br />County urges the United States Congress to adopt legislation <br />clarifying local government's immunity from the Sherman Anti -Trust <br />Laws and <br />2. That the Clerk is directed to send a copy of this <br />Resolution to the Congressman representing our County in <br />Washington asking for their support in this effort. <br />-1- <br />