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by the board. This period may be extended to ten (10) years if the applicant can <br />successfully demonstrate to the department that all other funding sources have been <br />exhausted and provided the department does not have a cash flow problem. In <br />cases where private communities are served by a private package water system and <br />the private package water system has been formally declared in violation of <br />acceptable water quality standards by the Florida Department of Environmental <br />Protection and the private community is requested to connect to the County water <br />system, the County, at its sole option, may allow for a connection to the County water <br />system. Under the foregoing circumstances, the private community will be required to <br />pay the current related water system capacity and water hook up charges. If the <br />private community can sufficiently demonstrate, to the reasonable satisfaction of the <br />County, that the unforeseen payment of these capacity and water hook up charges <br />are a financial burden, and that all other funding sources have been exhausted and <br />provided the department does not have a cash flow problem, the county may allow <br />the financing of these charges for a period of up to 20 years A superior lien for any <br />such amounts due shall be executed in recordable form reflecting the payment <br />schedule and may be filed in the public records of Indian River County, Florida. Upon <br />all payments being made in full, the lien shall be released of record. <br />PART II: GENERAL PROVISIONS <br />SECTION 1: SEVERABILITY. <br />If any clause, section or provision of this Ordinance shall be declared by a court <br />of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the <br />same shall be eliminated from this Ordinance and the remaining portion of this <br />Ordinance shall be in full force and effect and be as valid as if such invalid portion <br />thereof had not been incorporated therein. <br />SECTION 2: REPEAL OF CONFLICTING ORDINANCES. <br />The provisions of any other Indian River County ordinance that are inconsistent <br />or in conflict with the provisions of this Ordinance are repealed to the extent of such <br />inconsistency or conflict. <br />SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. <br />The provisions of this Ordinance shall become and be made a part of the Code <br />of Laws and Ordinances of Indian River County, Florida. The sections of the <br />Ordinance may be renumbered or relettered to accomplish such, and the word <br />"ordinance" may be changed to "section", "article", or any other appropriate word. <br />SECTION 4: EFFECTIVE DATE. <br />This Ordinance shall become effective on filing with the Department of State. <br />2 <br />