HomeMy WebLinkAbout2006-038ORDINANCE NO. 2006- 038
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 201.09.13 OF
THE COUNTY'S COUNTY WATER AND SEWER SERVICES
ORDINANCE; PROVIDING FINDINGS; AMENDING SECTION 201.09.13 OF
THE CODE TO SET FORTH THE CIRCUMSTANCES WHEREBY INDIAN
RIVER COUNTY WILL ALLOW THE TIME PAYMENT OF CAPACITY AND
CERTAIN OTHER CHARGES OVER TWENTY YEARS TO A PRIVATE
COMMUNITY REQUIRED BY FDEP TO CONNECT TO THE COUNTY
WATER SYSTEM; 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 AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, as follows:
PART I: AMENDMENT TO SECTION 201.09.D of the Code of Indian River
County.
Section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined, and
declared that:
A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Florida
Statutes section 125.01, the Board of County Commissioners of Indian River County
("Board") has all powers of local self-government to perform County functions and to
provide and maintain standards to assist in ensuring the health, safety, and welfare of
the citizens of Indian River County; and
B. The Board recognizes that the health, safety, and welfare of the citizens
of Indian River County will best be served by amending existing Section 201.09.D of
the Code to set forth the circumstances whereby Indian River County will allow the
time payment of capacity and certain other charges over twenty years to a private
community required by the Florida Department of Environmental Protection to connect
to the County water system.
Section 2. AMENDMENTS TO SECTION 201.09.D. After the effective date of
this Ordinance, Section 201.09.D of the Code shall be amended to read as follows:
Section 201.09.D Time payment of capacity charges upon showing of hardship. The
county may allow payment of the water and/or sewer capacity charges in whole or in
part over a period not to exceed five (5) years at such interest rate to be determined
by the board. This period may be extended to ten (10) years if the applicant can
successfully demonstrate to the department that all other funding sources have been
exhausted and provided the department does not have a cash flow problem. In
cases where private communities are served by a private package water system and
the private package water system has been formally declared in violation of
acceptable water quality standards by the Florida Department of Environmental
Protection and the private community is requested to connect to the County water
system, the County, at its sole option, may allow for a connection to the County water
system. Under the foregoing circumstances, the private community will be required to
pay the current related water system capacity and water hook up charges. If the
private community can sufficiently demonstrate, to the reasonable satisfaction of the
County, that the unforeseen payment of these capacity and water hook up charges
are a financial burden, and that all other funding sources have been exhausted and
provided the department does not have a cash flow problem, the county may allow
the financing of these charges for a period of up to 20 years A superior lien for any
such amounts due shall be executed in recordable form reflecting the payment
schedule and may be filed in the public records of Indian River County, Florida. Upon
all payments being made in full, the lien shall be released of record.
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 River County ordinance that are inconsistent
or in conflict with the provisions of this Ordinance are repealed to the extent of such
inconsistency or conflict.
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, Florida. 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.
This Ordinance shall become effective on filing with the Department of State.
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This Ordinance was advertised in the Vero Beach Press Journal on November
3, 2006, for a public hearing to be held on November 14, 2006. During the
November 14, 2006, public hearing, this Ordinance was moved for adoption by
Commissioner Wheel er and seconded by Commissioner
nAy; s , and adopted by the following vote:
Chairman
Arthur R. Neuberger
Aye
Vice -Chairman
Gary C. Wheeler
Aye
Commissioner
Wesley S. Davis
Aye
Commissioner
Thomas S. Lowther
Aye
Commissioner
Sandra L. Bowden
Aye
DULY PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER, 2006.
Attest: J. K. Barton, Clerk
Deputy Clerk
INDIAN RIVER COUNTY
BOARD OF COUNTY, COMMISSIONERS
nA-
Arthur R'. Ne dk6r, Ct4irkan
Approved:
J seph A Baird, County Administrator
?'Z'�5;_Ma�rian
r ed as to form and legal sufficiency:
E. Fell
Assistant County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
'2.2.,x` day of November, 2006, and is effective on November , 2006.
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