HomeMy WebLinkAbout1987-153RESOLUTION - 87-153
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT
OF A COUNTYWIDE '911 TELEPHONE FEE TO PAY FOR RE-
CURRING AND NONRECURRING CHARGES; PROVIDING FOR SEVERA-
BILITY; 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 "911" fee on all residential and business telephone
lines; and
WHEREAS, this fee may be used to pay for all recurring
and nonrecurring charges assessed to the county wide "911"
emergency telephone system; and
WHEREAS, this fee may not exceed $0.50 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 Coommissioners
hereby establishes a fee of $.50 per month, per access line
up to a maximum of 25 access lines per account. This fee
shall be in effect for 9 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 1988/89.
Section 2. That in accordance with the provisions of
Section 365.711, Florida Statutes, Southern Bell Telephone
Company shall collect such fees less an administrative fee
of an amount equal to 1 percent of the total "911" fee collect-
ed 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 tele-
phone numbers of any and all subscribers who have identi-
fied 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 willfull
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 im-
position 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 re-
garding 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 December 22.
1987.
The foregoing resolution was offered by Commissioner
Bowman who moved its adoption. The motion was
seconded by Commissioner Wheeler and, upon being
put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 22nd day of December, 1987.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY r
ATTEST: Don C.curlocc r.
Chairman
Freda Wri h , C1
Approved as to form
and legal sufficiency:
J
Charles P. Vitunac
County Attorney
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