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ORDINANCE NO. 2019-002 <br />balance and any excess of such fees will be refunded for ERU's <br />purchased after January 8, 2019. <br />Any customer may relinquish any excessive ERUs or ERUs that cannot <br />be used if such ERUs are for capacity reserved for future use and the <br />account for such ERUs is current. The customer will not receive any <br />refund. <br />Section 3. Codification. It is the intention of the Board of County Commissioners that the <br />provision of this ordinance shall become and be made part of the Indian River County Code, <br />and that the sections of this ordinance may be renumbered or re -lettered and the word <br />ordinance may be changed to section, article or such other appropriate word or phrase in order <br />to accomplish such intention. <br />Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional <br />by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by <br />such holding and shall remain in full force and effect. <br />Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby <br />repealed. <br />Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board <br />of County Commissioners and filing with the Department of State. <br />This ordinance was advertised in the Indian River Press Journal on the 28th day of December, <br />2018, for a public hearing to be held on the 8th day of January, 2019, at which time it was moved <br />for adoption by Commissioner O'Bryan, seconded by Commissioner Flescher, and adopted by <br />the following vote: <br />Chairman Bob Solari <br />aye <br />Vice -Chairman Susan Adams <br />ave <br />Commissioner Joseph E. Flescher <br />ave <br />Commissioner Tim Zorc <br />aye <br />Commissioner Peter D. O'Bryan <br />aye <br />The Chairman thereupon declared the ordinance duly passed and adopted this 8th day of <br />January, 2019. <br />3 <br />