HomeMy WebLinkAbout1989-070RESOLUTION - 89-70
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISH-
MENT OF A COUNTYWIDE "E911" TELEPHONE FEE TO PAY
FOR RECURRING AND NON-RECURRING 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 522 which
amended Section 365,711, Florida Statutes, entitled "The
Florida Emergency Telephone Act" to permit the imposition of
a 1191111 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 11911"
emergency telephone system; and
WHEREAS, this fee may not exceed 5.50 per line, per
month; and
WHEREAS, the 1191111 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 s.50 per month, per access line
with s.44 of the $.50 cap to be utilized for recurring
charges and $.06 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 1990-91.
Section 2. That in accordance with the provisions of
Section 365.171, Florida Statutes, Southern Bell Telephone
company shall collect such fees less all administrative fee
of an amount equal to one percent (19,i) of the total 1191111
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
";
Section 4. That pur=suant to the authority set forth
within Section 365.171, Florida Statutes, Indian Bovet
County hereby indemnifies and molds 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 hell
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 ahove-referenced list and
request written acknowledgement from southern Bell regarding
the imposed fees and other matters sat 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 tiortions of this
Resolution.
Section 7. EFFECTIVE DATE
This Revolution shall become effective October 1, 1919.
The foregoing Resolution was offered by commissioner
Scurlock who moved its adoption. The motlOn was
seconded by commissioner Egprt. and, upon helm:; put
to a vote, the vote was as follows
Chairman Gary C. wheeler Aye
Vice chairman Carolyn K. T:ggert dye
commissioner Richard V. Bird A�
commissioner Don C. SC,U1`1oG}, ,71 _{ ,
commissioner Margaret C. nowman Ale