HomeMy WebLinkAbout1995-3310/26/!35 <ord \electric . clod Ow
ORDINANCE 95- 3 3
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, SETTING FORTH IN ORDINANCE FORM
PREVIOUSLY ADOPTED PROVISIONS FOR A SIX
PERCENT LEVY ON CERTAIN ELECTRIC UTILITY
SERVICES IN INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, Indian River County by Resolution 77-104 as amended
by Resolution 77-112 granted a franchise to Florida Power and Light
with a six percent franchise fee on the sale of electrical energy in
Indian River County, Florida; and
WHEREAS, Indian River County by Ordinance 86-90 imposed a `
"fee -in -lieu -of -franchise" fee of six percent on customers in the
unincorporated area of the County receiving water, sewer, and/or
electric service from the City of Vero Beach; and
WHEREAS, orderly administration dictates that these levies be
memorialized in the County Code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that.
SECTION 1. AMENDMENT .
A new Chapter 211 is added to read as follows
Chapter 211 - Levy on sale of electrical energy.
Section 211.01. Franchise fee.
As originally imposed by Resolution 77-104 as amended by
Resolution 77-112 and as now reconfirmed by ordinance, there
shall be a franchise fee of six percent on the sale of
electrical energy by Florida Power and Light in Indian River
County.
Section 211.02. Fee -in -lieu -of -franchise -fee.
Pursuant to Ordinance 86-90 there exists in Indian River
County a "fee -in -lieu -of -franchise -fee" fee of six percent on
the sale of electric energy by the City of Vero Beach in the
unincorporated area of the County.
ORDINANCE 95- 33
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
A certified copy of this ordinance, as enacted, shall be filed by
the Clerk with the Office of the Secretary of State of the State of
Florida within ten days after enactment, and this ordinance shall take
effect upon filing with the Secretary of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 2 8th day of November., 1995.
This ordinance was advertised in the Vero Beach Press -Journal on
the 1.6th day of N o v e m b e r 1995, for a public hearing to be held on
the 2 R t. h day of N nP m hpr , 1995, at which time it was moved for
adoption by Commissioner Adams seconded by Commissioner
T i pp i n and adopted by the following vote
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John B. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 2,81h day of N o v P m h P r 1995.
ORDINANCE 95-
All
Attest,
l. fi _.: .
Effective"
Departme
1995;.
BOARD OF COUNTY COMMISSION
INDIAN RIV R COUNTY, FLORIDA
By
meth R . N Vchf, hairman
k4`This ordinance became effective upon filing with the
if State which took place on 13 day of Dec. ,