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RESOLUTION - 2003-100
RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A
COUNTYWIDE "911" TELEPHONE FEE TO PAY FOR SYSTEM CHARGES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
INDIAN RIVER COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Florida Legislature enacted Section 365.171, Honda Statutes, entitled
"The Flonda Emergency Telephone Act," to permit the imposition of a "911" fee on all residential
and busmess telephone lines; and
WHEREAS, this fee may be used to pay for all charges assessed to the Countywide "911"
emergency telephone system; and
WHEREAS, this fee may not exceed $.50 per line, per month; and
WHEREAS, the "911" fee will generate revenue which will pay the cost of providing such
service throughout the County including the vanous municipalities; NOW, THEREFORE,
BE IT RESOLVED 13Y THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA -
Section 1. That the Board of County Commissioners hereby establishes a fee of $.50 per
month per access line up to a maximum of 25 access lines per account bill rendered. This fee shall
be in effect for 12 months from the effective date of this Resolution at which time it shall be
reviewed by the Board prior to the beginning of fiscal year 2004-05.
for
RESOLUTION N0. 2003- 100
Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes,
BellSouth Busmess Systems, Inc. shall collect such fees less an administrative fee of an amount
equal to one percent (1%) of the total "911" fee collected by BellSouth.
Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes,
BellSouth shall provide to the County on quarterly basis a list of the names, addresses, and
telephone numbers of any and all subscribers who have identified to BellSouth their refusal to pay
the "911" fee.
Section 4. That pursuant to the authority set forth within Section 365.171, Florida
Statutes, Indian River County hereby indemnifies BellSouth Business Systems, Inc. against
liability in accordance with BellSouth's lawfully filed tariffs BellSouth Business Systems shall not
be liable for damages resulting from or in connection with "911" service or identification of
telephone numbers, addresses, or names associated with any person accessing "911" service,
except if BellSouth acts with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety or property in providing such services.
Section 5. That the Board hereby authorizes that a letter be sent to BellSouth notifying
them of the imposition of the fee, that the fees shall be collected by BellSouth less an
administrative fee, that BellSouth shall provide the County with the above -referenced list and
request written acknowledgment from BellSouth regarding the imposed fees and other matters set
forth within the letter.
Section 6. SEVERABILITY
If any section, sentence, clause or phrase of this Resolution is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holdmg shall in no way affect
the validity of the remaining portions of this Resolution.
Section 7 EFFECTIVE DATE
This Resolution shall become effective October 1, 2003.
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RESOLUTION NO. 2003- 100
The foregoing Resolution was offered by Commissioner Neuberger who moved
its adoption. The motion was seconded by Commissioner Lowther and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Caroline D. Ginn Aye
Commissioner Fran B Adams Aye
Commissioner Thomas S Lowther Aye
Commissioner Arthur R. Neuberger Aye
The Chairman thereupon declared the Resolution duly passed and adopted this 9th day of
September ,2003.
Jeffery & Barton, Clerk
APPROVED AS TO FORM
AND LFGAL SUFFICIE . Y
BY
WILLIAM K. DE
ASSISTANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
INDIAN ' VER COUNTY, FLORIDA
BY
Kenneth R. Macht
Chairman
Indian River Co.
Approved
Date
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