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ORDINANCE NO. 2006 - 042 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Financial Feasibility The Board of County Commissioners finds that the proposed amendment of the Capital Improvements Element to add the portion of 27th Avenue from 13th Street, S.W. to 17th Street, S.W. to the 5 year CIP is financially feasible since the cost of the project will be paid entirely by a developer as provided in an adopted developer's agreement between the County and the developer. SECTION 2. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 3 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs, and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 3. Amendment to the Comprehensive Plan Amended Capital Improvements Element; (Exhibit A) SECTION 4. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 5. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance or these Indian River County Comprehensive Plan Amendments is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 6. Effective Date This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12th day of December, 2006. 2 of 4