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ORDINANCE NO. 2012- 011 WHEREAS, the franchise fee paid by C&D Haulers (6% of the tipping fee) is reasonably related to, among other things: (1) the value of being allowed to collect construction and demolition debris from the residents of the County, (2) the value of having the use of the roads and rights of way in the County to provide collection service to the County's residents, (3) the cost of regulating and maintaining the roads and rights of way in the County, and (4) the cost of regulating those who collect and transport construction and demolition debris in the County for profit; and WHEREAS, to promote recycling activities, the District has decided to eliminate the requirement that facilities which process recyclable materials obtain a franchise agreement or pay a franchise fee, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, among other provisions of Florida law, vest broad home rule powers in the County to enact ordinances regulating the collection and disposal of regulated solid waste, provided such ordinances are not inconsistent with general or special law, and are enacted to promote the public health, safety and welfare of the residents of the County. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the public health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3 Amendment and Addition of Various Sections of Chapter 204 of the Indian River County Code. Sections 204.06, 204.07, 204.08, 204.11, 204.12, 204.13, 204.15, 204.17 and 204.19 of the Code are amended and sections 204.08.1 and 204.13.1 are added, as set forth below (added language is indicated by underline, and deleted language is indicated by tFikethmunh): Section 204.06. Definitions. For the purposes of this part, the definitions contained in this section 204.06 shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number 2