HomeMy WebLinkAbout2008-004ORDINANCE NO. 2008- 004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING SECTION 201.08 H OF THE COUNTY'S
COUNTY WATER AND SEWER SERVICES ORDINANCE TO REMOVE THE
REQUIREMENT TO PAY INTEREST ON WATER AND SEWER DEPOSITS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF OTHER
CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, as follows:
PART I: AMENDMENT TO SECTION 201.08.H OF THE CODE OF INDIAN RIVER
COUNTY.
Section 1. AMENDMENT TO SECTION 201.08.H. After the effective date of this
Ordinance, Section 201.08.H of the Code shall be amended to read as follows:
Section 201.08. Rates and charges.
H. Deposits required upon opening, transferring, reconnecting; refund policy. The county
shall require a deposit for each water and sewer account opened, transferred to another
name, or reconnected to the system based on the number of ERUs. The deposit will be
retained in an a non- interest bearing account_, the interest on which will be paid to the
customer upon refund of the deposit . Upon discontinuance of service and rendering of final
bill, the deposit shall be refunded, less any amount remaining unpaid In the event any
customer's service is shut off for nonpayment, prior to reconnection the customer will pay the
accrued base facilities charge plus if at the discretion of the department it is necessary to
insure payment, a deposit equal to twice the customer's average monthly bill in lieu of
following the schedule set forth hereafter. Customers who have not been assessed late
payment fees or been shut off for nonpayment for a period of twenty-four months shall
receive a refund of their deposit; except that deposits of customers who are tenants or who
otherwise rent or lease the structure served by water or sewer utilities and including all
commercial accounts will be retained until service is discontinued to that customer.
PART II: GENERAL PROVISIONS
SECTION 1: SEVERABILITY. If any clause, section or provision of this Ordinance shall be
declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or
reason, the same shall be eliminated from this Ordinance and the remaining portion of this
Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof
had not been incorporated therein.
SECTION 2. REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian
R'ver County ordinance that are inconsistent or in conflict with the provisions of this
Ordinance are repealed to the extent of such inconsistency or conflict.
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SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of
this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Flonda. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section",
"article", or any other appropriate word.
SECTION 4: EFFECTIVE DATE A certified copy of this Ordinance shall be filed with the
Department of State by the Clerk to the Board immediately after adoption of this Ordinance,
and this Ordinance shall become effective upon its filing with the Department of State.
This Ordinance was advertised in the Vero Beach Press Journal on January 26, 2008 for a
public hearing to be held on February 12, 2008. Following the February 12, 2008, public
hearing, this Ordinance was moved for adoption by Commissioner Wesley S. Davis and
seconded by Commissioner Gary C. Wheeler , and adopted by the following vote:
Chairman
Vice -Chairman
Commissioner
Commissioner
Commissioner
Sandra L Bowden
Wesley S. Davis
Joseph E Flescher
Peter D O'Bryan
Gary C. Wheeler
Yea
Yea
Yea
Yea
Yea
DULY PASSED AND ADOPTED THIS 12th DAY OF
INDIAN RI%
BOARD 0,
Attest: J. K. Barton, Clerk
By '%- - ( i2
Deputy Clerk
B
proved:
seph A Baird, County Admi 'stator
ved as to form and legal sufficiency:
Marian E Fell, Senior Assist nt County Attorney
EFFECTIVE DATE This Ordinance was filed with the Department of State on the lgf1day
of February, 2008, and is effective on February 1 q , 2008.
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