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I I.
RESOLUTION NO. 86-22
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR IMPOSITION
OF LOCAL OPTION FEE FOR NON-RECURRING CHARGES FOR SERVICE
OR EQUIPMENT NECESSARY FOR THE EXPANSION OF "911"
SERVICE; PROVIDXNG FOR COLLECTION OF SAID FEE AND PAYMENT
OF ADMINISTRATIVE FEE FOR COLLECTION; PROVIDING THAT
COUNTY REMAIN RESPONSIBLE FOR ALL "911" SERVICE AND
EQUIPMENT CHARGES.
WHEREAS, in 1980, Indian River County established
within its boundaries an Emergency "911" telephone service; and
WHEREAS, the Florida Statute Section 365.177.(13)
provides that a County may impose and collect a fee for
non-recurring charges for the establishment and expansion of "911"
service and equipment, to be paid by the local exchange subscribers
on an individual exchange line basis, at a rate not to exceed fifty
cents (50t) per month per line, up to a maximum of 25 exchange
lines, for a period not to exceed eighteen (18) months;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows:
SECTION 1
STATEMENT OF INTENT
The establishment and expansion of the existing "911"
system in Indian River County, Florida is declared to be a public
purpose and for the benefit of the citizens of Indian River County,
as well as for visitors to the County.
SECTION 2
LOCAL OPTION FEE ESTABLISHED
A. There is hereby imposed a Local Option Fee for
non-recurring charges for the expansion of "911" service, including
any equipment which may be necessary, in the amount of fifty cents
(50t) per month per exchange line, up to a maximum of 25 exchange
lines, to be paid by local exchange subscribers in Indian River
County, Florida, for a period of eighteen (18) consecutive months,
beginning June 1, 1986
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(b) Southern Bell Telephone & Telegraph Company,
hereinafter referred to as "Telephone Company," is hereby requested
to collect the fee imposed herein from its subscribers in Indian
Rivet County, Florida, the County paying to said Telephone Company
an administrative fee equal to one percent (1%) of the fees
collected by the Telephone Company. Said administrative fee shall
be first deducted by the Telephone Company from the fees collected
and the remainder of said fees collected shall be remitted to
Indian River County or retained by the Telephone Company and
applied on the cost of said "911" service and equipment. In either
event, the Telephone Company shall supply Indian River County a
monthly statement of fees collected. The Telephone Company shall
have no obligation to take legal action to enforce collection of
this fee.
(c) Indian River County shall indemnify the Telephone
Company against liability in accordance with the Telephone
Company's lawfully filed tariffs.
(d) Indian River County shall remain responsible to the
Telephone Company for all "911" service and equipment charges.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Bowman and, upon being put to a vote, the
vote was as follows:
Chairman Don C. Scurlock, Jr, Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared Resolution No. 86-22
hereby passed and adopted this 23rd day of April ,
1986.
Attest: �
/--) FREDA WRIGHT, lerk
FORM AND
CY:
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SP. I�SON, Asssistant
ty Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By / G
DON C. SCURLOCK, JR.,
Chairman
INDEMNITY AGREEMENT
WHEREAS, upon authority of Section 365.171, Florida
Statutes, as amended, Indian River County, a political subdivision
of the State of Florida, hereinafter referred to as "County," has
adopted Resolution No. 86-22 imposing a "911" local option fee
and directing Southern Bell Telephone and Telegraph Company to
include the "911" fee on its regular billing for telephone
service; and
WHEREAS, Southern Bell Telephone and Telegraph Company,
a Georgia corporation doing business in Indian River County,
hereinafter referred to as Company, is uncertain as to its
authority to impose the 11911" fee in the manner directed by
Resolution No. 80-22 and has therefore requested Indian River
County to indemnify it against liability arising out of the
imposition, billing, collection or remittance of said fee.
NOW, THEREFORE, in consideration for the Company's
agreement to commence billing the "911" fee in accordance with
Resolution No. 86-22 on April 23, , 1986, or as soon
thereafter as practicable, the County agrees to indemnify, defend
and hold harmless the Company from any and all loss, claims,
demands, suits or other action whether suffered, made, instituted
or asserted by a subscriber of the Company or by any other party
or person, arising out of the imposition, billing, collection or
remittance of the "911" fee, including but not limited to, any and
all loss, claims, demands, suits or other actions or any liability
whatsoever caused or claimed to have been caused by the negligence
or other wrongful act of the Company, its employees or agents in
complying with Resolution No. 86-22. The County further agrees
that noticing contained herein shall operate or be construed to
relieve it of its obligation to indemnify the Company in
accordance with the Company's lawfully filed tariffs.
Dated this 23rd day of April , 1986.
BOARD OF COUNTY COMMISSIONERS Or'
INDIAN RIVER COUNTY, FLORIDA
By: G
DON C. SCUR LOCK, JR., airman
Attest By:.J s ze:, .:
FREDA WRIGHT, Jerk-
AJPP OVED TO F RM AND
/i LE AL SU ((I E C/x
i i / i / l
. W11tS01T,-' istant
Attorney