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SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO. 2012-002 15. 13. 1. A RESOLUTION OF THE SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF THE POLICIES AND PROCEDURES ATTACHED TO THE DISTRICT'S RATE RESOLUTION, WITH RESPECT TO VACANCY CREDITS WHEREAS, on June 9, 1995, the Indian River County Board of County Commissioners, acting as the governing board of the Solid Waste Disposal District, adopted Resolution No. 95- 01 which, inter alia, adopted certain solid waste disposal rates and fees, and certain policies and procedures attached to the resolution; and WHEREAS, the aforesaid rate resolution, including the policies and procedures, have been amended from time to time since 1995 (the policies and procedures, as amended, are referred to herein as the "Policies and Procedures"); and WHEREAS, in Section III of the Policies and Procedures, allowance is made for a vacancy credit to be applied to commercial properties which are vacant for a period of greater than 180 consecutive days in the year immediately pnor to the year in which the credit is applied ( `Vacancy Credit'); and WHEREAS, the Board desires to amend Section III of the Policies and Procedures relating to the Vacancy Credit, to provide clarification as set forth herein, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, acting m its capacity as the\governing board of the Solid Waste Disposal Distnct, that 1. The above "whereas" clauses ate true and correct, and are adopted as the findings of the Board 2. The fifth paragraph of Section III of the Policy and Procedures attached to Resolution No. 95-01 is hereby deleted in its entirety, and replaced with the following: "A vacancy credit may be applied to commercial properties based upon the vacancy status of the property during the calendar year (January 1 through December 31) immediately preceding the year in which the credit is available. Specifically, if a property meets the vacancy credit criteria (defined below) during the period January 1 through December 31 of a year, the credit is available to be applied only in the next succeeding year. To receive the vacancy credit, the property owner (or authorized agent) must file with SWDD, no later than April 15 of the next succeeding year, a completed and notarized SWDD application form, together with supporting information, establishing to the satisfaction of SWDD that the vacancy credit criteria have been met with respect to the immediately preceding year.