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HomeMy WebLinkAbout1991-031RESOLUTION NO. 91- 31 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING RATES, FEES, AND CHARGES FOR THE DEPARTMENT OF UTILITY SERVICES, PURSUANT TO THE AUTHORITY OF ORDINANCE NO. 91-9 WHEREAS, Indian River County operates a Department of Utility Services, which is funded without contribution from the ad valorem tax fund of the County and is required to support itself from rates, fees, and charges paid by the customers of the utility system, and WHEREAS, Ordinance No.91=9 authorizes the imposition by the Department of Utility Services of certain rates, fees, and charges to support the operation of the Department in a fair and equitable manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following schedule of rates, fees, and charges is hereby adopted by use by the Department of Utility Services effective April 1, 1991. Rates, fees, and charges shown for 1992 will become effective October 1, 1991. Rates, fees, and charges shown for 1993 will become effective October 1, 1992. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 1? day of March , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird Chairman �.c— _3_4021.1 d14075r(1-I6 51 0 0 SCHEDULE OF WATER ANO SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 1992 1993 RATES Water Billing Charge - Per Account 82.00 32.00 82.00 Base Facilities Charge Where Lines Are Available - Per ERU 88.20 $8.70 $9.20 Bus Facilities Charge Where Capacity Is Reserved But lines Are Na Available - Per ERU 83.10 84.35 $4.60 Volume Charge 0 to 3,000 Gallons Per Month Per ERU Except Irrigation Only - Per 1,000 Gallons Per Month 81.75 81.75 $1.75 3.001 to 7,000 Gallons Per Month Per ERU and Irrigation Only 0 - 7,000 Gallons Per Month - Per 1,000 Gallons 82.15 82.15 82.15 Over 7.000 Gallons Per Month Per ERU - Per 1.000 Gallons 32.55 82.55 82.55 Excess Volume Surcharge For Use Greater than 13.000 Gallons Per Month Per ERU - Per 1,000 Gallons 81.95 82.10 82.30 Sewer Billing Charge - Per Account Base FacIlltles Charge Where Lines Are Available - Per ERU Baa, Facilities Charge Where Capacity Is Reserved But Lines Are Not Available - Per ERU db10751047.wh1 $2.00 82.00 82.00 87.60 813.00 813.50 83.80 88.50 88.75 SCHEDULE OF WATER AND SEWER RATES, FEES. AND CHARGES 1991, 1992, AND 1993 Volume Charge - Calculated as 85 Percent of Water Use - Per 1,000O5110ns - 10,000 Gallon Per Month Maximum tor Residential Customers Excess Volume Surcharge For Use Greater than 11,000 Gallons Per Month Per ERU - Per 1,000 Gallons $3.35 $4.45 Excess Sewage Strength Charge Sewage Charge • Ratio of Total Dissolved Solids or Biochemical OxDemand In milligramsygen per liter / 250 Sewage Charge ' Ratio of Total Dissolved Solids or Biochemical Oxygen Demand In milligrams per titer / 250 Sewage Charge ' Ratio of Total Dissolved Solids or Biochemical Oxygen Demand In milligrams per Tiler /250 Excess Sewage Strength Charge Applicable to Customers Required to Use Greasetraps But Who Have Obtained a Variance Due to Hardship or Financial Unfeasibility 50 Percent Excess Sewage Strength Charge Septage Charge per 1,000 Gallons IMPACT FEES 595.00 $100.00 $105.00 Water - Per ERU Water Treatment and Storage Water Transmission Total 5818.00 $502.00 51,320.00 5893.00 $548.00 51,441.00 $973.00 $597.00 51,570.00 Sewer - Per ERU Wastewater Treatment and Sludge Disposal Effluent Disposal Wastewater Transmission Total dbt07511047.wk 1 $979.00 5604.00 5580.00 52,163.00 $1,048.00 5647.00 $626.00 52,321.00 51.159.00 5716.00 5676.00 52,551.00 11111111111111111111111.1111111111.11111111111111111111.11 SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 lmpact Fees for 1994 and subsequent years will be increased In proportion to the Engineering New Record construction cost Index applicable to Indian River County OTHER CHARGES Deposits Required Upon Opening, Transferring, or Reconnecting Service Residential and Commercial - Per EAU $50.00 550.00 550.00 Hydrant Meter 5345.00 5345.00 5345.00 Interest Rate Paid on Deposits 0.5 % Per Month 0.5 % Per Month 0.5 % Per Month Charge for Returned Check 512.00 512.00 $12.00 Issuance of Duplicate Bill 51.50 51.50 51.50 Sewer Tap Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Meter Replacement 518 Inch 5100.00 $100.00 5100.00 1 lnch 5125.00 5125,00 5125.00 1112Inch 5300.00 5300.00 5300.00 2 Inch and Larger Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Meter Removal 5/8Inch 530.00 530.00 $30.00 1 Inch 530.00 530.00 530.00 1 1/2 Inch amd Larger 540.00 540.00 540.00 dbt075/047,wk1 SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 Water Service Connection 518 Inch Meter $400.00 $400.00 $400.00 1 Inch Meter $460.00 $460.00 8460.00 1 112 Inch Meter 5910.00 $810.00 $810.00 Larger than 1 112 Inch Meter Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Sewer Service Connection Residential 8500.00 8500.00 $500.00 Commercial and Other Cost Pius Overhead Cost Plus Overhead Cost Plus Overhead Paved Road Cuts Cost Plus Overhead Cost Plus Overhead Cost Pius Overhead 8200 Minimum 5200 Minimum 8200 Minimum Road Jacking and Boring Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Grass Restoration Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Unauthorized Use of Fire Hydrants 5115.00 $115.00 8115.00 1992 1993 Other and Extraordinary Services Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Meter Installation 518 Inch Meter $130.00 5130.00 5130.00 1 Inch Meter $200.00 $200.00 8200.00 1 112 Inch Meter 8500.00 5500.00 $500.00 2Inch Meter 8630.00 8630.00 5630.00 3 Inch Meter and Larger Cost Pus Overhead Cost Pius Overhead Cost Plus Overhead Fire Hydrant Meter 325.00 825.00 325.00 Water Service Reconnection During Working Hours 518.00 318.00 $18.00 After Working Hours 325.00 325.00 525.00 dbtO75/047.wk1 11 SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 1992 1993 Meter Rereads and Leak Inspection $15.00 515.00 515.00 Delinquency Charge 52.00 Plus 1.5% Per Mo. $2.00 Plus 1.5% Per Mo. $2.00 Pius 1.5% Per M Month Month Month General Service Calls Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Meter Test 5/8 inch Meter 520.00 520.00 $20.00 1 Inch Meter 520.00 520.00 $20.00 1 1/2 Inch Meter or Larger Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead Damage Repair $100 Plus $100 Plus $100 Plus Cost Pius Overhead Cost Plus Overhead Cost Plus Overhead Line Location Cost Plus Overhead Cost Plus Overhead Cost Pius Overhead Engineering Services Site Plan Review - Under 40 Units and Without Lilt Station Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead $50 Minimum 550 Minimum 550 Minimum Site Plan Review - Over 40 Units or With Lilt Station Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead 5150 Minimum $150 Minimum 5150 Minimum Inspection Fee Water Per Connection $25.00 $25.00 $25.00 Sewer Per Connection 525.00 $25.00 525.00 Hydrant Flow Test 560.00 560.00 560.00 Ffre Protection Charge - Per Year 5170.00 5170.00 5170.00 • FRANCHISE CHARGES Application Fee Cost Plus Overhead Cost Plus Overhead Cost Plus Overhead $50.00 Minimum 550.00 Minimum 550.00 Minimum dbt0751047.wk1 SCHEDULE OF WATER AND SEWER RATES, FEES. AND CHARGES 1991,1992. AND 1993 Establish Franchise Franchise Name Change Franchise Territory Change Change of Ownership 49 ERUs or Fewer 50 ERUs or More Rale Hearing 49 ERUs or Fewer 50 ERUs or More Public Hearing 1991 Cost Plus Overhead 51.100 Minimum 1992 Cost Plus Overhead 51,100 Minimum 1993 Cost Plus Overhead 51,100 Minimum Cost Plus Overhead 5115.00 Minimum Cost Plus Overhead 5115.00 Minimum Cost Plus Overhead 5115.00 Minimum Cosi Plus Overhead 5115.00 Minimum Cost Plus Overhead 5115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead 5115.00 Minimum Cost Plus Overhead 5300.00 Minimum Cost Plus Overhead 5115.00 Minimum Cost Plus Overhead 5300.00 Minimum Cost Plus Overhead 5115.00 Minimum Cost Pius Overhead 5300.00 Minimum Cost Plus Overhead 5300.00 Minimum Cost Plus Overhead 5575.00 Minimum Cost Pius Overhead 5115.00 Minimum Cost Plus Overhead 5300.00 Minimum Cost Plus Overhead 5575.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead 5300.00 Minimum Cost Plus Overhead 5575.00 Minimum Cost Plus Overhead 5115.00 Minimum dbt075/047.wk1 INDIAN RIVER COUNTY ORDINANCE NO. 91- 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. ESTABLISHING A NEW CHAPTER 201, COUNTY WATER AND SEWER SERVICES OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA. PROVIDING FOR DEFINITIONS; CONNECTION WITH WATER SYSTEM REQUIRED; CONNECTION WITH SEWER SYSTEM REQUIRED; SEWER CONNECTIONS REQUIRE COUNTY WATER; EXCEPTIONS TO CONNECTIONS; CONNECTIONS MAY BE MADE BY COUNTY; EQUIVALENT RESIDENTIAL UNITS; RATES AND CHARGES; IMPACT FEES; EXTENSION OF WATER AND SEWER SERVICES WITHIN DEVELOPMENTS; EXTENSION OF WATER DISTRIBUTION AND SEWER SERVICES TO DEVELOPMENTS; EXISTING AGREEMENTS; UNLAWFUL CONNECTION; UNLAWFUL CONSTRUCTION; CONNECTING EXISTING PLUMBING; MAINTENANCE OF PLUMBING SYSTEM; PAYMENT OF FEES AND BILLS REQUIRED; COLLECTION OF SEWER FEES; FAILURE TO MAINTAIN PLUMBING SYSTEM; NO SERVICE FREE; SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNERS- -COUNTY MAY BILL TENANT; WATER CHARGES ON NEW CONSTRUCTION ACCOUNTS; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT, FEE FOR RESTORING SERVICES, PENALTY FOR TAMPERING WITH WATER METER, CHECKS WITH INSUFFICIENT FUNDS; PERMIT REQUIRED TO DRAW WATER FROM FIRE HYDRANTS; PROHIBITION AGAINST DAMAGING EQUIPMENT; REQUIRED INSTALLATION OF BACK FLOW PREVENTION DEVICES; POWER AND AUTHORITY OF INSPECTORS; DISCHARGE OF WATER IN SEWERS; PROHIBITING DISCHARGE OF SPECIFIED WASTE AND WATERS INTO THE COUNTY SEWERAGE SYSTEM; WATER SHORTAGE CONDITIONS; WELLS AND LAWN SPRINKLER SYSTEMS; AREAS IN WHICH ORDINANCE TO BE EFFECTIVE; PENALTIES AND ENFORCEMENT; REPEAL OF CONFLICTING PROVISIONS; INCORPORATION IN CODE; SEVERABILITY; EFFECTIVE DATE dbt075/040.51 NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 20L01 DEFINITIONS For the purpose of this ordinance, the following terms shall have the meanings set forth thereafter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory: A. County is Indian River County, Florida, the Board of County Commissioners, or the Department of Utility Services, as the meaning indicates. B. Department is the Department of Utility Services of Indian River County. C. Person is any person, firm, partnership, association, corporation, company or organization of any kind. D. Water is water from the County water supply system. E. Base Facilities Charge. The charge imposed by the County for each equivalent residential unit that represents a portion of the cost to the County of having the system available to serve that equivalent residential unit without regard to volume used. F. Impact Fee. The fee charged to real property owners to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers. G. Equivalent Residential Unit (ERU). The amount of water used or wastewater produced by a typical residential unit, which water use ranges from 0 to 300 gallons per day on a maximum day basis or 250 gallons per day on a maximum month basis. H. Combination Accounts. Accounts that contain both residential and commercial facilities served through a common meter may be treated as either dbt075/040.51 • 111 al I 0 0 0) residential or non-residential, using whichever method of computation results in a larger number of equivalent residential units. SECTION 201.02 CONNECTION WITH WATER SYSTEM REQUIRED The owner of every lot or parcel of land within the County shall connect, or cause the plumbing of any building, mobile home, or trailer thereon to be connected, with the water system of the County, or franchised private utility system, upon the approval of the Department, and use such facilities within 60 days following notification to do so by the Department. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the County. No connection of existing structures will be required to be made unless capacity is available. SECTION 201.03 CONNECTION WITH SEWER SYSTEM REQUIRED The owner of each lot or parcel of land within the County shall cause the plumbing of any building, mobile home, or trailer thereon to be connected with the public sewer facilities of the sewer system of the County or franchised private utility system upon approval of the Department, and use such facilities within 60 days following notification to do so by the Department. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the County. No connection of existing structures will be required to be made unless capacity is available. SECTION 201.04 SEWER CONNECTIONS REQUIRE COUNTY WATER No County sewer service shall be provided without County water service where water service is available except as determined by the Department. If water service is not available, the customer shall install a meter approved by the County on any private potable water supply, and the County shall use the meter reading for purposes of calculating sewer charges. dbt075/040.51 3 SECTION 201.05 EXCEPTIONS TO CONNECTIONS This article shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 201.06 CONNECTIONS MAY BE MADE BY COUNTY If any owner of any lot or parcel of land within the County shall fail and refuse to connect with and use the facilities of the water and sewer system of the County after notification by the Department, as provided herein, then the Department shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connections. The base facilities charge of the County shall apply beginning 20 days after notification by the Department to connect. The County shall thereupon be entitled to recover the cost of making such connection, together with accrued base facilities charges, impact fees, interest and attorney's fees, by suit in any court of competent jurisdiction. In addition, and as an alternative means of collecting such costs or making such connections, the County shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. SECTION 201.07 EQUIVALENT RESIDENTIAL UNITS Each water and sewer customer's impact fees and base facility charge shall be established on the basis of the number of equivalent residential units (ERUs) of service required by each customer. The following chart shows the basis for calculating each customer's minimum number of ERUs. In cases where a customer's property use extends to more than one category listed below, the number of ERUs shall be calculated as the sum of the number of ERUs associated with each type of property use and its respective square footage or other dbt075/040.51 4 basis used for calculating the number of ERUs. Where the calculated number of ERUs is a fraction, the calculated number shall be rounded up to the next highest whole number to calculate the number of assigned ERUs. UNIT DESIGNATIONS 1. Single family home, including modular and prefabricated t 2. Private dwelling with rented rooms or boarding house 1 Each additional room available for rent over 3 1 3. Apartment A living unit within a building or group of buildings containing sleeping room accommodations with a bath and offered for rent or lease for one month or longer Per living unit 4. Hotel/motel Any building or groups of buildings containing sleeping room accommodations for guests, and providing the services generally provided by a hotel or motel and recognized as a hotel or motel in the community in which it is situated, or by the industry, and offering daily or weekly rates, with a bath or connecting bath for every rental unit, and occupied only by transient guests. Any such structure offering a combination of rooms for rent or lease for longer than a month at a time shall not be considered a hotel or motel. Per occupancy unit .2 5. Recreation Vehicle Park A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor, or operator of such place. for the parking and accommodation of recreational vehicles utilized for sleeping or dbt0l5/040.51 IM eating; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. Per vehicle space 6. Condominium That form of ownership of property, under which units of improvements are subject to ownership by one or more owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements. Condominium property means and includes the land in a condominium whether or not contiguous, and all improve- ments thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. Per living unit 7. Mobile home, trailer A structure which is transportable in one or more sections, which is built on a permanent chassis and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Per living unit 8. Townhouse A one -family dwelling in a group of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Per living unit 9. School A private or public or not for profit institution conducting regular academic instruction at kindergarten, elementary or secondary levels or conducting training in business or at the vocational, collegiate, or post- dbt075/040.51 111 graduate levels; or a day-care facility providing services to pre-school children Per each 30 full time pupils & faculty Per each 60 part time pupils & faculty (part time attendance less than 3.5 hours per day) 10. Church An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. Church with banquet facilities 11. Club Buildings or facilities owned or operated by a corporation, association, or persons for a social, educational or recreational purpose; but not primarily for profit or to render a service that is customarily carried on as a business. Club with dining facilities 3 12. Service station Any premises where gasoline and other petroleum products are sold and/or Tight maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning may be conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. Without repair or maintenance facilities 1 With repair or maintenance facilities 2 With car wash per 300 gallons per day water use dbt075/040.51 0 0 0) 13. Restaurant Any establishment (which is not a drive-in service establishment) where the principal business is the sale of food, desserts or beverages to the customer in a ready -to -consume state and where the design or principal method of operation includes one or more of the following: a. Customers, normally provided with an individual menu, are served generally in non -disposable containers by a restaurant employee at the same table or counter at which said items are consumed. b. Ice cream parlors and other small specialty restaurants having floor area exclusively within a shopping or office center and sharing common parking facilities with other businesses within the center and expressly prohibiting freestanding stores having characteristics of a drive-in restaurant. c. A cafeteria or cafeteria type operation where foods, desserts or beverages generally are served in nondisposable containers and consumed within the restaurant building. d. Self-service restaurants, where food is generally served in disposable containers, and customers generally do the busing and clean-up for themselves or foods. e. Customers purchase food, desserts or beverages for carry -out. 1 to 50 seating capacity 3 Each additional 15 seats or portion thereof 1 14. Tavern An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail dbt075/040.51 8 for consumption on the premises and where sandwiches and snacks are available for consumption on the premises. 1 to 50 seating capacity Each additional 15 seats or portion thereof 15. Laundry or dry cleaners A business that provides washing, drying, and/or ironing services or machines for hire to be used by customers on the premises. Per washing machine 16. Supermarket 1 to 3 water fixtures Per 3 water fixtures thereafter 17. Commercial business All nonresidential, non -institutional and industrial establishments, but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments; including stores, garages, cleaning establishments, for -hire services, and all other business required to obtain occupational licenses. Per first 2500 square feet 1 Per each additional 5000 square feet or part thereof 1 18. Office building A building or portion of a building wherein services are performed involving predominately administrative, professional, or clerical operations. For first 3,000 square feet 1 For each additional 3000 square feet or part thereof 1 dbt075/040.51 19. Nursing/Convalescent home A home, institution, building or residence, public or private, wheth,r operated for profit or not, presently licensed by the state, which provides maintenance, personal care or nursing for a period exceeding twenty-four hours to three or more ill, physically infirm, convalescing, or aged persons who are not related by blood or marriage to the operator. The definition of nursing or convalescent home does not include hospitals, clinics or similar institutions which are devoted primarily to the diagnosis and treatment of the sick or injured. Per 20 bed capacity 1 For additional 10 staff or segment thereof 1 20. Hospital An establishment that: (a) offers services more intensive than those required for room, board, personal services, and general nursing care, and offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy, and (h) regularly makes available at least clinical laboratory services, diagnostic x-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Per bed 21. Warehouse A building used exclusively for the storage of goods and materials. Per 10,000 square foot gross floor area or part thereof dbt075/040.51 10 22. Industrial & manufacturing plant A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, including citrus, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage of manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions or a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrica- tion, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. Without use of water for processing per 3,000 sq. ft. gross area or for 5 employees, whichever is greater 23. Industrial & manufacturing plant using water for processing and/or has discharge to wastewater system shall be determined on an individual basis using 250 gallons per day on a monthly basis for the calculation of units. 24. Barber shop -hair dresser 3 1 to 3 sinks 1 Each additional sink 1/3 25. Separate bathroom facilities Bathroom facilities, including toilets and showers, constructed primarily to serve another structure or structures or activity not otherwise served. ERUs will be assigned as if the bathroom facilities were a part of the structure or activity served. 1 26. Establishments requiring service for irrigation or fire service will be handled on an individual basis using 250 gallons per day on a monthly basis for the calculation of units. In any case, where use exceeds dbt075/040.51 11 250 gallons per day on a monthly basis, units will be increased or flow will be restricted at the discretion of the Department. 27. In the event that a business is described in the schedule by general classification but the par- ticular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the Department in its discretion may determine that a higher or lower number of units shall be used. 1 1 SECTION 201.08 RATES AND CHARGES A. Billing Charge. A charge will he applied to each bill issued by the Department for billing services. B. Base Facilities Charge Where Lines Are Available. This charge shall apply to every connected ERU and to each ERU reserved for future use in a development. This charge will apply until the facility is permanently disconnected from the system. For developments that have entered into an agreement with the County for reserving capacity, the fee shall commence upon certification by the Department that County transmission, collection, and distribution lines are ready for use. For temporary disconnections, at the time of reconnection, customers will pay the base facilities charge for each month the facility has been disconnected. C. Base Facilities Charge Where Capacity is Reserved but Lines are Not Available. The County may charge less than the standard fee until lines are ready for use. D. Volume Charge. A charge will be imposed that is directly related to the volume of water consumed or sewage treated. The volume charge shall be increased 20 percent after public hearing within 15 days in the event that the Water Management District declares a water use emergency in Indian River County. Any such rate increase shall he rescinded upon termination of the water use emergency without further action of the County. dbt075/040.51 12 0 0 0) E. Excess Volume Surcharge. A charge will be made for providing service to any customer in excess of the level of capacity purchased by the customer aS represented by the number of ERUs assigned to the customer and for which the customer purchased capacity through impact fees. Such excess volume use may be prohibited by the department if additional necessary capacity is not available. F. Excess Sewage Strength Charge. All sewage discharged into the sanitary sewer system which has an average concentration of biochemical oxygen demand (BOD5) of 250 milligrams per liter (mg/I) or greater or an average concen- tration of suspended solids of 250 mg/1 or greater shall be subject to an excessive strength charge. The amount of the excessive strength charge shall be equal to the customer's standard base facilities and volume charges multiplied by the greater of .either of two factors: the amount of the customer's average concentration of BOD5 in mg/I divided by 250, minus 1; or the amount of the customer's average concentra- tion of suspended solids in mg/I divided by 250, minus 1. Any customer may sample its sewage and have it analyzed by an analytical laboratory approved by the Florida Department of Environmental Regulation. The County may sample and conduct analysis of the sewage produced by any customer to determine sewage strength. Where such analysis demonstrates that the customer's sewage strength exceeds the standards given above, the customer will be subject to the excess sewage strength charge and shall reimburse the County for the cost of such analysis. G. Excess Capital Cost Charge. The County may impose a charge on customers of a system where the water and/or sewer system is acquired by the County at a cost in excess of that for which impact fees have been paid. 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 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 hill, the deposit shall he refunded, dbt075/040.51 13 0 0 0) less any amount remaining unpaid. In the event any customer service is shut off for non-payment, 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 non-payment for a period of 24 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 will be retained until service is discontinued to that tenant. I. Specific Service Charges to he Established by Resolution After Public Hearing (1) Water Service Connection: A water service connection charge will be imposed when County constructs a water lateral from customer's property to watermain in adjacent street. (2) Sewer Service Connection: A sewer service connection charge will be imposed when County constructs a sewer lateral from customer's property to main in street. (3) Sewer Service Disconnection: A charge will be imposed when the County disconnects sewer service for non-payment. The County will charge the customer for all direct labor, direct materials, direct overhead, fringe benefit factor, and for the County's indirect costs pursuant to a formula established by the Department. (4) Meter Installations Only: A charge, not including the cost of the meter vault, will be imposed where an existing available usable service lateral is presently installed. J. Miscellaneous Service Charges (1) Reconnection during normal working hours (8:30 AM - 4:00 PM Monday through Friday excluding holidays): This charge is made upon initial service connection, change from temporary to permanent service, reconnection after dbt075/040.51 14 111 0 0 0) delinquency shut-off, or for transfer of service from one location to another, where there was an existing account. (2) Reconnection during off-duty hours: A charge shall be made for service reconnection during other than normal working hours specified in Section 8.J.(1). (3) Meter re -reads and leak inspection: This charge is for special inspection at request of customers. If the re -read is a result of an error of the initial meter reading, this charge will not be assessed to the customer. The leak inspection charge will be assessed except where leak occurred in County -owned facilities. (4) Delinquency charge: County shall charge an additional $1.50 plus one and one-half percent (1-1/2%) interest monthly on all outstanding balances including assessments, fees, charges, and other fees due if payment is not made in total by each payment deadline date. (5) General service calls: In all instances where County is requested to respond to a service call to correct a problem that was not caused by the County, the County may charge the responsible party for all direct labor, direct materials, direct overhead, fringe benefit factor and the County's indirect cost rate pursuant to a formula established by the Department. (6) Meter test: Upon request of a customer, the Department shall test a water meter to determine if the meter is operating within established standards, (95 to 101.5 percent of true). If the meter has been tested within the last 5 years, there shall be a non-refundable service charge if the meter is found to he operating accurately. If the meter is in error, i.e., outside the range of 95 to 101.5 percent of true, then a billing adjustment will be made for a period not to exceed the past 6 months of actual service. There shall he no charge for testing in the event the water meter has not been tested within the last 5 years. The service charge may be applied against monies due in the event a meter, after testing, is found to he inaccurate with respect to the range established above. (7) Damage repair: All damage caused by the failure of a contractor or customer to properly locate and isolate water and sewer facilities shall dbt075/040.51 15 be repaired by the County and charged to the responsible party under the provisions of paragraph "FF" of this section; or in the alternative, County may hire a contractor to perform the repair work and charge the responsible party for the repairs. In addition, the responsible party shall be fined for each such instance in accordance with provisions of this ordinance. (8) Line location --same as general service calls. (9) Engineering services: These fees will be assessed to defray the cost of processing a developer's application for subdivision construction, site plan, reviewing the plans and inspecting the water and sewer facilities as constructed. (10) Inspection fee: County shall charge on the basis of a flat fee established by the County or time. materials and overhead. whichever is greater. (11) Other miscellaneous charges: The County may impose other charges as necessary and appropriate to recover the costs of providing utility services. K. Additional costs for complex connections The specific service charges adopted by the County are based on the average historical costs of such services. If in the event a particular service required by a customer is determined by the Department to have a cost which greatly exceeds the average, then such cost of service shall be negotiated between the Department and the customer and reduced to a written instrument approved by the customer and the Department. L. Annual fire protection charges These charges are established to defray the cost of providing extra capacity in the water system and maintaining water and fire protection facilities for customers having sprinkler systems, private fire lanes, etc., and they are designed to recover a portion of the availability cost and customer cost. In addition, this cost covers the additional capacity and expense associated with line size and hydrants in the fire district. (1) Hydrants. The fire district wherein the water system and hydrants are located shall be assessed the charge per hydrant annually. If the hydrant is accessible by a private entity only, then that entity shall he charged. dbt075/040.51 16 • (2) Fire systems. Each facility with a fire protection system shall be charged annually. SECTION 201.09 IMPACT FEES A. Impact fee imposed. An impact fee shall be imposed on each ERU responsible for creating the need for additional system expansion based on the equitable portion of the cost of funding the extension of the County's sewer and water systems. The obligation to pay the impact fee shall occur at the earliest of the following dates: when the capacity is reserved, when a water or sewer permit is granted, or when a building permit is issued. B. Change in land use. If a building permit or certificate of occupancy is issued for an existing customer that results in a change in ERU designa- tion, the total number of ERUs for the old and new parts of the facility will be com- puted according to the definition of ERUs and impact fees shall be assessed on the difference. C. Use of proceeds. The proceeds accumulated by reason of the establishment of the impact fees may be used only for capital expenditures for the expansion of the County's water system or wastewater system. The funds may be used for extending, oversizing, or constructing new additions to the treatment plant or distribution and/or collection and interceptor facilities so as to meet the increased demand which additional connections to the system create. D. Time payment of impact fee unon showing of hardship. The County may allow payment of the water and/or sewer impact fees in whole or in part over a period not to exceed 5 years at such interest rate to be determined by the Board. A lien for any such amount 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. E. Refund of impact fees. Any customer whose monthly water use or sewage flow remains below the amount corresponding to the number of ERUs dbt075/040.51 17 assigned to such customer for a period of 24 months and for which impact fees have been paid, may make application to the Department to reduce the number of ERUs assigned and seek corresponding reimbursement of impact fees paid. In no case will less than one ERU per living unit be assigned. The County may refund impact fees actually paid, without interest, based on the impact fee schedule in effect at the time of original payment, provided the Department has resold such ERUs. Subsequent water use or sewage flow in excess of flows corresponding to customer's number of assigned ERUs will be subject to the excess volume surcharge stipulated in Section 8. SECTION 201.10 EXTENSION OF WATER AND SEWER SERVICES WITHIN DEVELOPMENTS Each developer shall be responsible for the design, installation, inspection and testing of the complete water distribution and sewage collection systems located in the street or streets adjoining or within the boundaries of the developer's property. The developer with title to such facilities shall transfer title to the facilities to the County upon completion of construction, inspection, and testing and acceptance by the County. Water distribution and sewage collection systems shall include all component parts of water distribution system including valves, fittings, laterals, hydrants and all appurtenances as shown upon the approved design of such water distribution system and alt the components of the sewage collection system, including all collection lines, manholes, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown on the approved design for installation of such sewage collection systems. The developer shall supply the County with two sets of as -built plans and mylars. SECTION 201.11 EXTENSION OF WATER DISTRIBUTION AND SEWER SERVICES TO DEVELOPMENTS The location, size or proposed densities of a developer's property may make the feasibility of utility service to the property dependent upon the developer's dbt075/040.51 18 r■. 0 0 we - 0 extension of water distribution and sewage collection facilities, including mains, water transmission lines, sewage collection lines, sewage force mains and/or pumping stations from the developer's property to facilities of the County adequate in size to convey flows between the developer's property and County's facilities. It is the County's policy to expand its water and sewer system in an orderly, economical manner, and in those cases in which the County would not normally be expanding its system to serve a developer's project at that time and when such an extension requires an expenditure by the County for transmission facilities for which the County incurs extraordinary costs, then such developer shall be required to construct or pay the cost of the facilities associated with serving his project. In this event, the County shall negotiate an agreement with the developer requesting service setting forth the developer's responsibility for off-site facilities and the County's responsibility for requiring such facilities to be oversized to meet future demands. In addition to or in lieu of direct funding by the developer, the County may require a refundable advance by the developer to temporarily defray the cost of any extension of water and/or sewer mains and pumping stations necessary to connect the developer's property to the County's water and sewer facilities. This provision recognizes instances in which a developer may be required to advance funds to construct facilities sized in accordance with the County's Master Plan. All amounts expended by the developer pursuant to such an agreement over and above the developer's hydraulic share for facilities shall be refunded to developer in accordance with the terms and conditions of a refunding agreement which the County will execute with the developer. County may assume a portion of the cost of such projects when it deems it to he in the hest interest of the County utility system. The refund agreement shall provide for a plan of refund based upon the connection of other properties, to the extent of their hydraulic share, which properties will be served by the facilities installed by the developer. In the event that more than one developer has paid a refundable advance or has directly funded con- struction of conveyance facilities used by another developer from whom impact fees are collected, the developer having first funded facilities shall have first right of cost recovery until his investment less the cost of his own reserved share of such capacity dbt075/040.51 19 is recovered. Notwithstanding the provisions of this section, the County will limit the life of such refund agreement to a term of not more than 5 years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter such refund agreement shall be canceled. The developer shall not be entitled to any interest upon the refund of the developer's advance. SECTION 201.12 EXISTING AGREEMENTS County recognizes that certain developer agreements have been executed by the County and developers in the past. Nothing in this ordinance shall be construed to alter, abrogate, obviate or avoid the respective obligations of the . parties in those agreements. SECTION 201.13 UNLAWFUL CONNECTION No person shall be allowed to connect into any water line or sewer line owned by the County or use water or sewer services without the written consent of the County. Connections shall be made only under the direction and supervision of the Department. Any person who makes any connection or receives any benefit from connection to water or sewer service without consent of the County shall he subject to the penalties hereinafter provided. and will he required to pay the County for the use of utility services at a rate three times the normal customer charge, base facilities charge, volume charge, excess volume surcharge, and excess sewage strength charge. The Department will estimate the amount of utility services unlawfully used. SECTION 201.14 UNLAWFUL CONSTRUCTION All construction shall adhere to the latest revision of construction specifications for water distribution and sewage collection facilities used by the County. dbt075/040.51 20 Ellimmomommr I O O a) SECTION 201.15 CONNECTING EXISTING PLUMBING Whenever it is desirable or required to connect existing plumbing with the County sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the Department, which will inspect the connection and notify the owner or plumber what alterations will be necessary to place the connection in an acceptable condition. Alterations shall be made within 2 months of notification. Any owner or plumber who shall make any connection without the approval of the Department shall be subject to the penalties hereinafter provided. SECTION 201.16 MAINTENANCE OF PLUMBING SYSTEM The owner of the property shall be responsible for maintaining the water and sewer pipes leading to and connecting from the plumbing system to the County distribution lines and main sewers. This includes providing adequate access to the meter box. SECTION 201.17 PAYMENT OF FEES AND BILLS REQUIRED Bills for monthly charges and fees should be submitted and shall he payable on the 20th day from the date of the bill. If any monthly bill remains unpaid on the 21st day of the month for such service, a penalty shall be imposed and added to the bill. If the monthly bill remains unpaid on the 30th calendar day after the hill, the water service to the customer shall be subject to discontinuance until all past -due water and sewer bills are fully paid, together with a reconnection fee. SECTION 201.18 COLLECTION OF SEWER FEES Where sewage disposal fees are not paid in accordance with the provisions outlined above, the County shall have a right to cut off the water supply or disconnect sewer services and the owner shall have no right to reconnect the water supply or sewer system until the sewage disposal fees have been paid in full. Any violation of this provision by reconnecting the water supply or sewer service, until dbt075/040.51 21 1 such sewage disposal fees are paid in full, shall be considered a violation of this ordinance, and subject to the penalties hereinafter provided. SECTION 201.19 FAILURE TO MAINTAIN PLUMBING SYSTEM Failure to keep the pipe leading from the plumbing system to the sewer main and the pipe leading from the water meter to the plumbing system clean and maintained in a proper manner will give the County the right to cut off the water connection, which shall not be reconnected until the sewer and/or water pipe is cleaned, repaired, and maintained properly. Any violation of this provision by reconnecting the connection from the County water line, until such sewer pipes are cleaned, repaired, and maintained properly, shall be considered a violation of this ordinance and subject to the penalties hereinafter provided. SECTION 201.20 NO FREE SERVICE No water or sewer service shall be furnished or rendered free of charge to any person. SECTION 201.21 SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT Each building, whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building, shall be billed separately for the payment for the water fees and the sewer fees, and separate connections and meters will be required for each building, unless the Department determines it is in the County's best interest to approve the use of a master meter. SECTION 201.22 WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNERS- - COUNTY MAY BILL TENANT Water and sewer services are chargeable to the property owner, who shall be the customer. The County may bill the tenant or occupant of each premise for the water and sewer charges at the request of the owner, express or implied, but this shall in no way relieve the owner of responsibility for payment. Nothing in this dbt075/040.51 22 IIW Ordinance shall be construed as a mandate for mobile home park owners to pass through impact fees to mobile home owners or tenants. Any payment remaining unpaid for a period of 30 days may constitute a lien in favor of the County against the property serviced and the County may record said lien in the public records of Indian River County, Florida. County is authorized to discontinue service when payment is 30 days overdue and shall not reinstate service until full payment is received. SECTION 201.23 WATER CHARGES ON NEW CONSTRUCTION ACCOUNTS On new construction accounts, water may be provided to the contractor subject to a deposit determined by the Department, refundable on cancellation and upon payment of the construction account for water used, base facilities charge and billing charge and provided further that this deposit shall be forfeited if the building is occupied prior to the cancellation and payment of the construction account for water used. SECTION 201.24 DISCONTINUANCE OF SERVICE FOR NON-PAYMENT, FEE FOR RESTORING SERVICES, PENALTY FOR TAMPERING WITH WATER METER. CHECKS WITH INSUFFICIENT FUNDS A. On the 30th day after a water or sewer bill is rendered. if the bill remains unpaid, then the County may turn off the water and discontinue service until the bill is paid in full. B. If the water is turned off and service is discontinued under this action, an additional turn -on fee shall be charged for restoring service and a deposit shall be required as set forth herein. C. If service has been discontinued, anyone tampering with the water meter shall be guilty of a misdemeanor as provided by law. D. If any customer issues a check to the County which is unpayable due to insufficient funds or other reason, the Department may collect a charge from the customer and require that subsequent payments be made with cash. dbt075/040.51 23 0 0 gra- SECTION 201.25 PERMIT REQUIRED TO DRAW WATER FROM FIRE HYDRANTS A permit shall be required from the Department before water is drawn from any fire hydrant or other service outlet, except by the fire department in the regular discharge of its duties, and only after arrangements have been made for payment to the County for water so drawn at a just and reasonable rate. SECTION 201.26 PROHIBITION AGAINST DAMAGING EQUIPMENT It shall be illegal and subject to the punishment provided herein for any person to maliciously, willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the County water or sewerage systems. SECTION 201.27 REQUIRED INSTALLATION OF BACK FLOW PREVENTION DEVICES All customers requesting service from the County water system shall first be required to install back flow prevention devices for the protection of the County potable water system. Such devices will meet specifications adopted by the Department. SECTION 201.28 POWER AND AUTHORITY OF INSPECTORS Duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with provisions of this ordinance. dbt075/040.51 24 111 1 1I .Illi . O O 0) SECTION 201.29 DISCHARGE OF WATER IN SEWERS No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial processed waters into the County sewage collection and treatment system. SECTION 201.30 PROHIBITING DISCHARGE OF SPECIFIED WASTE AND WATERS INTO THE COUNTY SEWERAGE SYSTEM No person shall discharge or cause to be discharged any of the following described waters or waste into the County sewerage system: A. Any liquid or vapor having a temperature higher than 150°F. B. Any water or waste which may contain more than one hundred parts per million, or mg/1, of fat, oil, grease or wastewater required by ordinance to be treated with a pollutant interceptor or grease trap. C. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. D. Any garbage that has not been properly shredded. E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works. F. Any waters or wastes having a pH lower than 6.2 or higher than 8.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works. G. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant. H. Any noxious or malodorous gas or substance creating a public nuisance. dbt075/040.51 25 SECTION 201.31 WATER SHORTAGE CONDITIONS This section shall be enforced from time to time by the Board of County Commissioners at any regular or specially called public meeting declaring that a water shortage condition exists in the County and shall be enforced until such time as the County Commission at a regular or specially called meeting declares that the state of shortage no longer exists. These regulations shall be in addition to the excess volume surcharge authorized in Section 8.E. A. Certain uses prohibited. The use and withdrawal of water by any person between the hours to be designated by the County Commission in its declaration that a state of water shortage exists for the following purposes is hereby prohibited: (1) Watering yards. The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground cover, plants, vines, gardens, vegetables, flowers, or any other vegetation. (2) Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer -houses, or any other type of mobile equipment. (3) Cleaning outdoor surfaces. The washing of sidewalks, driveways, filling station aprons, porches, and other outdoor surfaces. (4) Swimming pools. Swimming and wading pools not employing a filter and recirculating system. (5) Escape through defective plumbing. The escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair. B. Exception to maintain sanitation and to provide for hardship cases. The Department shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards. Any user of water may apply for a temporary permit from the Department for relief from the provisions of this section provided a written request for authorization to use water shall indicate that a hardship exists, and the nature of the hardship. dbt075/040.51 26 SECTION 201.32 WELLS AND LAWN SPRINKLER SYSTEMS A. No cross connections between the County's water supply system and any other water supply system shall be allowed. B. All sprinkler systems using the County's water system as a source shall have a backflow preventer so installed as to prevent back drainage from the sprinkler system into the County water system. C. All residential and commercial sprinkler systems shall be inspected and approved by the County Building Department before initial operation. D. All potable water wells shall be inspected by the County Health Department upon payment of such fees as established by the County. Welts shall be installed in accordance with state law, including the Florida Safe Water Drinking Act, and shall meet the standards outlined in the appropriate Florida Department of Environmental Regulation, Florida Department of Health and Rehabilitative Services, or St. John's River Water Management District regulations. SECTION 201.33 AREAS IN WHICH ORDINANCE TO BE EFFECTIVE This ordinance shall be effective in the entire unincorporated area of Indian River County and in those parts of municipalities in which the County is the provider of water or wastewater utility services. SECTION 201.34 PENALTIES AND ENFORCEMENT A. Penalties. Any person who shall violate or fail to comply with any of the provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or 6 months in jail or both. The County may enforce the provisions of this article by seeking injunctive relief or any other remedies provided by law. dbt075/040.51 27 B. Enforcement. (1) In addition to any other enforcement procedures provided by law, the County Code Enforcement Officer shall be authorized to enforce this ordinance. (2) Discontinuance of service and penalty fees. The County shall have the authority to enforce the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in violation of a declaration of water shortage shall be billed at three times the regular rate. SECTION 201.35 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the County, which .conflict with the provisions of this ordinance, are hereby repealed to the extent of such conflict. All special acts of the legislature applying only to the unincorporated portion of the County and which contlict with the provisions for this ordinance are hereby repealed to the extent of such contlict. Specifically, Section 24-31 through and including Section 24-67 of the Code of Laws and Ordinances of the County including Ordinance 84-18 are hereby repealed in their entirety. SECTION 201.36 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article', or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 201.37 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. dbt075/040.51 28 IL SECTION 201.38 EFFECTIVE DATE The provisions of this ordinance shall become effective on April 1, 1991. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12 day ofMarcli 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Richard N. Bit Chairman Acknowledgment by the Department of State of Florida this 22nd day of March , 19 91. Effective Date: Acknowledgement from the Department of State received on this 26th day of March , 19 9 , at 10:00 AM/PM and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. dbt0751040.51 29 Itl