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A ny <br />ORDINANCE NO. 2009-012 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201 (COUNTY <br />WATER AND SEWER SERVICES) OF THE CODE OF ORDINANCES OF <br />INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR USE OF THE <br />TERM "SERVICE AVAILABILITY CHARGE" IN PLACE OF THE TERM <br />"BASE FACILITY CHARGE" IN ALL PARTS OF CHAPTER 201, <br />PROVIDING FOR THE USE OF THE TERM "IMPACT FEE" IN PLACE OF <br />THE TERM "CAPACITY CHARGE" IN ALL PARTS OF CHAPTER 201, <br />PROVIDING A SAVINGS CLAUSE FOR USE OF THE NEW TERMS; <br />AMENDING SECTION 201.01 TO ADD A DEFINITION OF "BASE BILL" <br />AND "RATE RESOLUTION"; AMENDING SECTION 201.05 TO CLARIFY <br />THE EXISTING TEXT; AMENDING CERTAIN SUBSECTIONS OF <br />SECTION 201.08 TO CLARIFY EXISTING TEXT, TO AMEND THE <br />SUBSECTION ON CUSTOMER DEPOSITS, TO DELETE THE <br />PROVISIONS ON ANNUAL FIRE PROTECTION CHARGES, AND TO <br />AMEND THE BILLING NOTICE PROVISIONS; AMENDING PORTIONS OF <br />SECTION 201.22 CONCERNING APPLICATION OF DEPOSITS; <br />PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; <br />PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE <br />CODE OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE <br />DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, 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. <br />NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of <br />Indian River County, Florida: <br />PART I: AMENDMENTS TO CHAPTER 201, COUNTY WATER AND SEWER SERVICES <br />OF THE CODE OF INDIAN RIVER COUNTY, <br />SECTION 1. Substitution of "service availability charge" for "base facility charge". <br />Wherever in Chapter 201 the words "base facility charge" or its various forms appear, <br />other than as set forth in this amendatory Ordinance, the words "service availability charge" <br />or its various forms shall be substituted in place thereof. <br />SECTION 2. Substitution of "impact fee" for "capacity charge". <br />Wherever in Chapter 201 the words "capacity charge" or its various forms appear, <br />other than as set forth in this amendatory Ordinance, the words "impact fee" or its various <br />forms shall be substituted in place thereof. <br />SECTION 3. AMENDMENT TO SECTION 201.01 of the Code of Indian River County. <br />After the effective date of this Ordinance, the following subsections of Section 201.01 <br />of the Code shall be amended to read as follows: <br />1 <br />