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D. Stormwater rate. For the purposes of this section, the user fee rate for one ERU is $4.00 <br /> per month. <br /> E. As of January 1, 2013, and each January 1 thereafter, the fees established in this section <br /> shall be increased automatically, by the percentage increase, if any, of the Consumer <br /> Price Index ("CPI"). The CPI shall be the Department of Labor Consumer Price Index <br /> for All Urban Consumers ("CPI U")/published by Bureau of Labor Statistics for region <br /> Miami/Fort Lauderdale area. In the event the calculations used to formulate the annual <br /> adjustment to the stormwater utility fee results in an increase to the fee of greater than <br /> three percent (3%), then the annual adjustment to the stormwater fee shall be capped at <br /> 3%. In the event the calculations used to formulate the annual adjustment to the <br /> stormwater utility fee results in a decrease in the fee, then the stormwater utility fee will <br /> remain the same. <br /> Section 3. Severability. The provisions of this Ordinance are declared to be severable and if <br /> any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid <br /> or unconstitutional, such decision shall not affect the validity of the remaining sections, <br /> sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the <br /> legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby <br /> ordained,that the provisions of this Ordinance shall become and be made a part of the code of the <br /> City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or <br /> relettered to accomplish such intentions; and that the word "ordinance" shall be changed to <br /> "section" or other appropriate word, as required. <br /> Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the <br /> same are hereby repealed. <br /> Section 6. Effective Date. This Ordinance shall be effective upon adoption on second <br /> reading. <br /> PASSED and ADOPTED on first reading the 1 day of IIJOA10.40tw 2012. <br /> PASSED and ADOPTED on second reading the 2b -day <br /> ,l <br /> / ! `J� / <br /> G <br /> rman S. Edelcup, Mayor i <br /> • <br /> Words added underlined,words stricken deleted(ed) Page 2 of 3 <br />