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3/11/1981
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3/11/1981
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/11/1981
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March 10, 1981 <br />Mr. Patrick B. Lyons, Chairman <br />Board of County Commissioners <br />Indian River, County <br />Vero Beach, Florida 32960 <br />Dear Mr. Lyons: <br />We would like to register our opposition to any proposal <br />which extends water service to the South County area at the <br />expense of property owners with vested water rights. This <br />would seem to be under consideration in reading the Supplement <br />to South Beach, Indian River County Water Systems Analysis, <br />dated March 5, 1981, prepared by Consultants to the Board, <br />Sverdrup & Parcel and Associates, Inc. and Beindorf and Asso- <br />ciates, Inc., which states in part: <br />"The Fire Service Assessment could be utilized <br />with either Impact Alternatives. Doing so would <br />spread the total project cost over a larger user <br />ase and allow for lower impact fees for new <br />development." emphasis added) <br />The Moorings Development Company entered into its original <br />contract (hereinafter, "Contract") with the City of Vero Beach <br />for service to The Moorings Subdivision in 1968. The consider- <br />ation required of The Moorings Development Company by said Con- <br />tract was that we pay for the entire cost of the extension and <br />related system. There is no provision for additional monies to <br />be paid for services which The Moorings had previously paid for. <br />Having paid our way initially and since that time, we feel it <br />would be unfair to have an additional price exacted more than <br />12 years later. We also note that said Contract addresses the <br />question of fire hydrants, and presumably fire service in <br />general. In particular, paragraph 8 provides: <br />"The City will charge $90.00 per year for each <br />hydrant constructed under the terms of this <br />agreement and this charge will be prorated among <br />the water customers located within 500 feet of <br />each fire hydrant so installed, as measured <br />a ong the curbline or street right of way, to <br />each such customer, and this charge will be added <br />to the annual January water bill of each such <br />customer; the City reserves the right to increase <br />or decrease this charge as may be recommended by <br />its consulting engineer." (emphasis added) <br />Furthermore, in 1977, we were compelled to enter into a law <br />suit against the City of Vero Beach to defend our vested water <br />rights. <br />May we additionally point out that the agreement which the <br />County entered into with the City of Vero Beach on October 22, <br />1980 (hereinafter, "Agreement") repeatedly states that impact <br />fees and assessments are applicable only to new (non vested) <br />property owners. It is, moreover, our contention that to desig- <br />nate the proposed additional assessment a "fire service assess- <br />ment" is a distinction without a difference. <br />-For your edification, we would like to refer <br />Agreement which is replete with assurances that w <br />assessed, as has apparently been suggested by the <br />Paragraph 3, in part, states: <br />MAR 111981 37 <br />you to said <br />will not be <br />consultant: <br />BooK 46?AGE 37 <br />
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