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MAR 111991 BOOK "All monies collected for costs associated with engineering and construction of said twenty-four inch (24") water transmission line and all related facilities in the South Beach area may be collected by the County from new water customers non -vested water customers within the South Beach area, from Federal and State grants, or that portion of the County's revenue sharing not based on population or other factors in the City, such as tax effort, per capita income, etc. which effect the computation regarding Federal Revenue Sharing Funds and/or other sources other than ad valorem taxes or other property taxes collected on property situated within the City limits." (emphasis added) and further, "If contributions in aid of construction, County assessments or fees, Federal or State Funds, or other sources of money received by the County do not fully fund all costs of such line and related facilities, the County may impose a County permit fee, assessment, or other legally permissable charge to new water customers (non -vested) in the South Beach area and shall require all such new customers to pay the said fee or charge, and receive a connection permit from the County to be presented to the City before the City will physically connect any such new customer(s) to'the twenty-four inch (24") line or the now existing twelve inch (12") line." (emphasis added) Paragraph 4, in part, states: "South Beach parcels of land that have now acquired the rights to City water under the terms of a pre- vious City -Moorings agreement of 1968 by having here- tofore paid to the City both the then applicable acreage charges and the then applicable tap -on charges, shall not be required to pay any further City or County charges(other than a City security deposit and meter installation charge) to connect to the twelve inch (12") line." (emphasis added and further, "The County will be solely responsible for collecting its monies from all of the new South Beach water customers and developments. emphasis added Paragraph 6, in part, states: 46 PAF 38 "The assumption of the above utility responsibility may cause the City to incur costs for water supply, treatment and transmission that the City would not otherwise have incurred, therefore, the City re- serves the right to levy an impact charge in addition to other rates and charges and said impact charge may apply only to new (non -vested) connections to the South Beach system outside the City limits." emphasis added) In conclusion, based upon the December 18, 1968 Contract between The Moorings Development Company and the City of Vero Beach, and the October 22, 1980 Agreement between the County of Indian River and The City of Vero Beach, we feel such ad- ditional "fire service assessment" is not permissible. We, therefore, would like to make it clear that we are in opposition to any such assessment. Yours very truly, THE N(OORING DEV PM dTC� MPANY i o ohy A. Hu son Staff Counse