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HomeMy WebLinkAbout2011-100RESOLUTION NO, 2011- L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING FORTH THE BOARD'S POSITION ON THE REFERENDUM QUESTION SCHEDULED FOR THE NOVEMBER 8, 2011 ELECTION, RELATING TO LEASING OF THE CITY'S POWER PLANT SITE IN CONNECTION WITH THE POSSIBLE SALE OF THE CITY ELECTRIC UTILITY WHEREAS, on November 3, 19812 the Florida Public Service Commission ("PSC") approved a Territorial Agreement between the City of Vero Beach ("City") and Florida Power & Light ("FPL") which established electric service areas for the City and FPL in Indian River County. Specifically, the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, on April 4, 2011, the City received a Letter of Intent from FPL expressing an interest in purchasing the City's electric utility, such that FPL would provide electric service to the entire County; and WHEREAS, section 5.05 of the City Charter provides that the present site of the City's electric power plant "may not be sold, leased, traded, or given away by the city unless such sale, lease trade, or gift is approved by a vote of the electors of the City of Vero Beach"; and WHEREAS, pursuant to section 5.05 of the City Charter, the City Council voted to submit the following question for referendum at the November 8, 2011 election: "Referendum on Lease of City Power Plant Site Do you approve of the lease of the City of Vero Beach power plant site north of the 17`" Street Bridge, west of the Indian River, and east of Indian River Boulevard, with the City retaining ownership of the land, for the purpose of selling the City electric utility if the City Council finds that such sale is beneficial to the citizens of Vero Beach? Yes, for approval No, for rejection"; and WHEREAS, the Board of County Commissioners is interested in the referendum question, as the elected representative of a significant number of customers of the City's electric utility, and as a substantial customer itself of the City's electric utility; and WHEREAS, under the circumstances, it is appropriate for the Board of County Commissioners to express its view on the referendum question, 1 RESOLUTION NO. 2011- �n NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Position of the Board. The Board of County Commissioners hereby adopts and publishes the following position on the referendum question being submitted to City electors at the November 8, 2011 election: aM The Board finds that a sale of the City's electric utility, on reasonable and appropriate terms, will benefit all residents of Indian River County, and will positively impact economic recovery and development in Indian River County, and b. Accordingly, the Board supports a "Yes, for approval" vote on the aforesaid referendum question, to encourage further negotiations relating to the possible sale of the City's electric utility. The foregoing resolution was moved for adoption by F1 Psch ,- Commissioner ,and motion was seconded by Comm Davi.s and, upon being put to a vote, the follows: Chairman Bob Solari Ave Vice Chairman Gary C. Wheeler Ave Commissioner Wesley S. Davis A e Commissioner Joseph E. Flescher A� vote was, as The Commissioner Peter D. O'Bryan A e The Chairman thereupon declared the resolution duly passed and adopted this 18 iaay of October, 2011. ATTEST: Deputy Clerk Barton, Clerlfnpf Court Approved as to form and legal sufficiency. By: Sr., County Attorney INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By: ours �oian, c;nairman BCC approval date: October 18, 2011