HomeMy WebLinkAbout2024-003Ordinance #:2024 X03
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE
COMPREHENSIVE PLAN'S CAPITAL IMPROVEMENTS ELEMENT BY UPDATING THE COUNTY'S 5 -YEAR
CAPITAL IMPROVEMENTS PROGRAM (CIP) SCHEDULE AND RELATED DATA AND ANALYSIS SECTIONS
AND PROVIDING SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County
Comprehensive Plan on February 13, 1990, and
WHEREAS, F.S. 163.3177(3)(b) requires an annual review and update of the County's Capital
Improvements Program; and
WHEREAS, F.S. 163.3177(3)(b) exempts amendments to the County's 5 -year CIP from the
standard comprehensive plan amendment process and instead allows the County to amend the
County's 5 -year CIP schedule and related data and analysis sections by ordinance through the
County's standard ordinance adoption procedures, which involve holding only one public hearing;
and
WHEREAS, the Board of County Commissioners of Indian River County, pursuant to
F.S.125.66(2), advertised for a Public Hearing to Consider Adopting an Ordinance Amending the
County's 5 -year CIP schedule and related data and analysis sections of the Capital Improvements
Element of the Comprehensive Plan; and
WHEREAS, the Board of County Commissioners of Indian River County held an Adoption
Public Hearing on February 06, 2024, at which parties in interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River
County, Florida, that:
SECTION 1. Amendment to the Schedule of Capital Improvements Program
Indian River County hereby adopts the 5 -year CIP schedule and related data and analysis
section of the Capital Improvements Element; (Exhibit A).
SECTION 2. Financial Feasibility
The Board of County Commissioners finds that the proposed amendment of the 5 -
year CIP schedule and related data and analysis section of the Capital Improvements
Element is financially feasible.
SECTION 3. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners of
Indian River County, Florida, which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
SECTION S. Severability
It is declared to be the intent of the Board of County Commissioners that, if any provision of
this ordinance is for any reason finally held invalid or unconstitutional by any court of competent
jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining provisions.
SECTION 6. Effective Date
A certified copy of this ordinance shall be filed with the Department of State by the clerk of the
Board of County Commissioners within 10 days of enactment by the Board of County
Commissioners and shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 7th day of January 2024, for a public
hearing held on the 06 day of February 2024, at which time it was moved for adoption by
Commissioner Flescher seconded by Commissioner Earman and
adopted by the following vote:
Susan Adams, Chairman
AYE
Joseph E. Flescher, Vice Chairman
AYE
Joseph H. Earman, Commissioner
AYE
Deryl Loar, Commissioner
AYE
Laura Moss, Commissioner
AYE
BOARD OF COUNTY COMMISSIONERS
OF I NOM—N—R-1V ER C0UNTY��/�
Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller
ATTEST: BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: mLj-
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William K. De raal, County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of
State on February Ia , 2024.