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HomeMy WebLinkAbout1990-094WHEREAS, the Legislature enacted House Bill 522 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 recurring and non-recurring 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 with $.44 of the $.50 cap to be utilized for recurring charges and $.04 for non- recurring charges. 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 1991- 92. 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 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 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, 1990. The foregoing Resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Ave Vice Chairman Richard N. Bird Ave Commissioner Don C. Scurlock, Jr. Ave Commissioner Gary C. Wheeler Ave Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the Resolution duly passed and adopted this 21 day of August , 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Caroly Egge YChairman AT ST:, _ Hive, Cn Aggr-oved Date .. Admin. y., Bar O 01. rk ' Legal Budget Dept. a i `A •? I _