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ORDINANCE NO. 2006- 038 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 201.09.13 OF <br />THE COUNTY'S COUNTY WATER AND SEWER SERVICES <br />ORDINANCE; PROVIDING FINDINGS; AMENDING SECTION 201.09.13 OF <br />THE CODE TO SET FORTH THE CIRCUMSTANCES WHEREBY INDIAN <br />RIVER COUNTY WILL ALLOW THE TIME PAYMENT OF CAPACITY AND <br />CERTAIN OTHER CHARGES OVER TWENTY YEARS TO A PRIVATE <br />COMMUNITY REQUIRED BY FDEP TO CONNECT TO THE COUNTY <br />WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR <br />REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR <br />INCLUSION IN THE CODE OF ORDINANCES OF INDIAN RIVER <br />COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; <br />AND PROVIDING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, as follows: <br />PART I: AMENDMENT TO SECTION 201.09.D of the Code of Indian River <br />County. <br />Section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined, and <br />declared that: <br />A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Florida <br />Statutes section 125.01, the Board of County Commissioners of Indian River County <br />("Board") has all powers of local self-government to perform County functions and to <br />provide and maintain standards to assist in ensuring the health, safety, and welfare of <br />the citizens of Indian River County; and <br />B. The Board recognizes that the health, safety, and welfare of the citizens <br />of Indian River County will best be served by amending existing Section 201.09.D of <br />the Code to set forth the circumstances whereby Indian River County will allow the <br />time payment of capacity and certain other charges over twenty years to a private <br />community required by the Florida Department of Environmental Protection to connect <br />to the County water system. <br />Section 2. AMENDMENTS TO SECTION 201.09.D. After the effective date of <br />this Ordinance, Section 201.09.D of the Code shall be amended to read as follows: <br />Section 201.09.D Time payment of capacity charges upon showing of hardship. The <br />county may allow payment of the water and/or sewer capacity charges in whole or in <br />part over a period not to exceed five (5) years at such interest rate to be determined <br />