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3 f -r <br />t,v: —E Face 186 <br />RESOLUTION NO. 97-114 <br />Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, <br />Bellsouth Business Systems, Inc. shall collect such fees less an administrative fee of an amount <br />equal to one percent (1 %) of the total "911" fee collected by BellSouth. <br />Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, <br />BellSouth shall provide to the County on quarterly basis a list of the names, addresses, and <br />telephone numbers of any and all subscribers who have identified to BellSouth their refusal to <br />pay the "911" fee. <br />Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes, <br />Indian River County hereby indemnifies and holds harmless BellSouth Business Systems, Inc. <br />against liability for damages resulting from or in connection with "911" service or identification <br />Of telephone numbers, addresses, or names associated with any person accessing "911" service, <br />except if BellSouth acts with malicious purpose or in a manner exhibiting wanton and willful <br />disregard of human rights, safety or property in providing such services. <br />Section 5. That the Board hereby authorizes that a letter be sent to BellSouth notifying them <br />of the imposition of the fee, that the fees shall be collected by BellSouth less an administrative <br />fee, that BellSouth shall provide the County with the above -referenced list and request written <br />acknowledgement from BellSouth regarding the imposed fees and other matters set forth within <br />the letter. <br />Section 6. SEVERABILITY <br />If any section, sentence, clause or phrase of this Resolution is held to be invalid or <br />unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect <br />the validity of the remaining portions of this Resolution. <br />Section 7. EFFECTIVE DATE <br />This Resolution shall become effective October 1, 1997. <br />The foregoing Resolution was offered by Commissioner Adams who moved <br />its adoption. The motion was seconded by Commissioner Ginn and, upon <br />being put to a vote, the vote was as follows: <br />Chairman Carolyn K. Eggert A e <br />Vice Chairman John W. Tippin -y -e <br />Commissioner Fran B. Adams Aye <br />Commissioner Caroline D. Ginn A__,��e <br />Commissioner Kenneth R. Macht sent <br />OCTOBER 7, 1997 <br />