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HomeMy WebLinkAbout1986-90( J IRC Franchise (12/22/86) ORDINANCE NO. 86 90 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FEE IN LIEU OF A FRANCHISE FEE TO BE CHARGED TO CUSTOMERS RECEIVING WATER AND/OR SEWER SERVICE FROM THE INDIAN RIVER COUNTY DIVISION -OF UTILITY SERVICES AND CUSTOMERS IN THE UNINCORPORATED AREA OF THE COUNTY RECEIVING WATER, SEWER, AND/OR ELECTRIC SERVICE FROM THE CITY OF VERO BEACH. WHEREAS, Indian River County is a non -charter county, operating pursuant to Florida law and in particular Chapter 125, Florida Statutes, which authorizes and directs the Board of County Commissioners to provide and regulate solid waste and sewage collection and disposal, and water supply, and to provide and regulate highway facilities, and WHEREAS, Chapter 125, F.S., authorizes counties to perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county and to exercise all powers and privileges not specifically prohibited by law; and WHEREAS, pursuant to this grant of authority by the State, the County has adopted a policy of collecting a franchise fee of 6% of gross revenues from private corporations providing water, sewer, and electrical services within the county; and WHEREAS, the County also operates its own water and sewer system, which is presently not charged a franchise fee; and WHEREAS, the City of Vero Beach provides water, sewer, and electrical services to certain unincorporated area residents, who are also not charged any franchise fee by the County; and WHEREAS, Indian River County feels that it is unfair for publicly owned utilities. not to be charged a fee similar to the franchise fee paid by private utilities, and that this can be remedied by enacting a "fee -in -lieu -of -franchise" fee, equivalent to the fees which would be charged if the County system were operated by a private utility; and 41 WHEREAS, the recent case of Rosalind Holding Co. vs. Orlando Utilities Commission, 402 So.2d 1209 (Fla. 5th DCA 1981) authorized "franchise" payments made by the Orlando Utilities Commission to the City of Orlando, provided that the fees are not outside the zone of reasonableness and are not confiscatory or discriminatory; and WHEREAS, the fees to be charged by Indian River County under this Ordinance are reasonable and are equivalent to those charged to other private corporations in the county, NOW, THEREFORE, BE IT ORDAINED BY INDIAN RIVER COUNTY, 4. ACTING THROUGH ITS BOARD OF COUNTY COMMISSIONERS, THAT: SECTION 1. COUNTY DIVISION OF UTILITY SERVICES Effective for all bills issued after January 1, 1987 , there shall be charged by the County Division of Utility Services, a "fee -in -lieu -of -franchise" fee in the amount of 6% of the gross revenues derived from the sale of water and sewer services. This fee shall be shown as a separate line item on customer bills, as if the County's Division of Utility Services were a private corporation. The funds, so derived, shall be remitted monthly by the Division of Utility Services to the County to be used for any lawful purpose. SECTION 2. CITY OF VERO BEACH WATER, SEWER, AND ELECTRIC SERVICES Effective for all bills issued after March 1,_ 1987 , those customers who reside in the unincorporated areas of the County and who receive water, sewer, and/or electric, services from the City of Vero Beach will be charged, after adoption by the County and acceptance by the City, a 6% -in -lieu -of -franchise fee, based on the gross revenues derived by the City from the sale of water, sewer, and/or electric services. Said Charge (fee) shall be shown on customer bills, as a separate line item, as if they were customers of) a private utility corporation. The funds, so derived, shall be remitted monthly by the City to the County. Indian River County agrees to hold the City of Vero Beach harmless from any claims relating to payments made by the City to the County pursuant to this Ordinance. SECTION 3. EFFECTIVE DATE This Ordinance shall be effective on passage by the County and acceptance by the City, and as provided by law. -Z- APPROVED AND ADOPTED by the Board of County Commissioners of :Indian River County, Florida, on this 23rd day of December , 1986. Ordinance No. 86-90 was advertised in the Vero Beach Press -Journal commencing on the 5th day of December , 1986, for a public hearing to be held on the 23rd day of December 1986, at which time it was moved for adoption by Commissioner Wheeler seconded by Commissioner Bowman and adopted by the following vote: Chairman Scurlock Aye Vice Chairman Bowman Aye Commissioner Bird Aye Commissioner Eggert Aye Commissioner Wheeler Aye Attest: Freda Wri-ght. Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Charles P. Vitunac Countv Attornev BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: i Don Co Scurlock, J Chairman APPROVED FOR UTILITY TERS: T ance Pint ", i ect r Division of Utility Services Acknowledgment by the Deeartment of State of the State of Florida, this _8th day of January., 1987• Effective Date: Acknowledgment from the Department of State received on the 12th day ofJanuary 198 7, at 11:00 a.m./p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. ACCEPTED ee CITY OF VERO BEACH By • t�•4 At;t��s t e Mayor - 097Date: . C3; y : C le.r---k a