HomeMy WebLinkAbout1991-0881•
•
•
RESOLUTION - 91-88
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A
COUNTYWIDE "E911" 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 Legislature enacted House Bill 1223 which amended
Section 365.711, Florida Statutes, entitled "The Florida Emergency
Telephone Act" to permit the imposition of a "911" fee on all
residential and business 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 various municipalities; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA:
Section 1. That the Board of County Commissioners hereby
establishes a fee of $.48 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 1992-93.
Section 2. That in accordance with the provisions of Section
365.171, Florida Statutes, Southern Bell Telephone Company shall
collect such fees less an administrative fee of an amount equal to
one percent (1%)of the total "911" fee collected by Southern Bell.
Section 3. That in accordance with the provisions of Section
365.171, Florida Statutes, Southern Bell 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
Southern Bell 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 and holds harmless Southern Bell Telephone Company
against liability 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
Southern Bell 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 Southern Bell notifying them of the imposition of the fee,
that the fees shall be collected by Southern Bell less an
administrative fee, that Southern Bell shall provide the County
with the above -referenced list and request written acknowledgement
from Southern Bell 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 holding 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, 1991.
The foregoing Resolution was offered by Commissioner
Wheeler who moved its adoption. The motion was seconded by
Commissioner Scurlock and, upon being put to a vote, the vote
was as follows:
Chairman Richard N. Bird
Vice Chairman Gary C. Wheeler
Commissioner Don C. Scurlock, Jr.
Commissioner Gary C. Wheeler
Commissioner Margaret C. Bowman
Ay P
Aye—
Ae
AyP
Ay.e
The Chairman thereupon declared the Resolution duly passed and
adopted this 6th day of August , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY �Ih
Richard N. Bird, airman
Indian Aiv<r Ca
Approved
Dale
Admin.
MM.
7.1.73-9
Legal
Mal
11
Budgettill
"7 -aa -9 i
Dep1.s
e�if��iA
RISA Mgr,
IllgrellIMIN
1I -