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2022-011
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Last modified
8/5/2022 10:40:41 AM
Creation date
7/15/2022 2:56:30 PM
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Ordinances
Ordinance Number
2022-011
Adopted Date
07/12/2022
Agenda Item Number
10.A.1.
Ordinance Type
SWDD
State Filed Date
07\13\2022
Entity Name
Solid Waste Disposal District
Code Number
204.06
Subject
Amending section 204.06 (definitions) and section 204.13 (terms of conditions of franchises)
of Part 1 (in general) of Chapter 204 (Solid Waste Disposal District) of the Code
Codified or Exempt
Codified
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ORDINANCE NO. 2022-011 <br />403.7031, all terms in this section 204.06 shall be construed in a manner that is consistent <br />with the definitions contained in F.S. § 403.703. In the case of any conflict or inconsistency <br />between the definitions in this part and the definitions contained in F.S. § 403.703, the <br />statutory definition shall control. <br />Construction and demolition debris commercial containermeans a commercial container <br />that is used to store, transport, and dispose construction and demolition debris less than <br />fifteen (15) GUbiG yaFds in any size capacity; provided, hGweYeF, that no r-,e-Mme-inkal <br />Section 204.13. — Terms and conditions of franchises. <br />Except as set forth in section 204.13.1, the specific terms of any franchise <br />granted by the district to a franchisee shall be set forth in a written franchise agreement <br />between the franchisee and the district. The terms of the franchise agreement shall be <br />subject to the district board's review and approval. At a minimum, each franchise <br />agreement shall be subject to the following conditions and limitations: <br />(2) Each franchisee shall pay a franchise fee equal to six (6) percent of <br />the gross revenues collected by the franchisee for: residential <br />service in the residential franchise area; residential recyclables <br />service and recyclable toter service in the residential recyclables <br />franchise area; and commercial service; and oallegen-of <br />sentainer. The franchise fee shall be accounted for and paid to the <br />district on a monthly basis. Any payments due to the district and not <br />received within the time frame set forth in the franchise agreement <br />shall be subject to the penalties, interest rates, and administrative <br />charges set forth in the franchise agreement. <br />Section 3. Codification. It is the intention of the Board of County Commissioners that <br />the provision of this ordinance shall become and be made part of the Indian River County <br />Code, and that the sections of this ordinance may be renumbered or re -fettered and the <br />word ordinance may be changed to section, article or such other appropriate word or <br />phrase in order to accomplish such intention. <br />Section 4. Severability. If any part of this ordinance is held to be invalid or <br />unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall <br />not be affected by such holding and shall remain in full force and effect. <br />
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