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MAR 7 1994 BOOK 5 F�GE SOUTH BEACH WATER TURNOVER TO CITY OF VERO BEACH Attorney Brandenburg reported that since the discussion at the last Commission meeting in regard to a formal turnover of the 255 taps in the South Beach area to the City of Vero Beach, he has met with the City in regard to how this would affect properties that do not have vested rights and are not currently serviced. The City is taking the position that they will not serve such properties unless they are annexed into the City. For any service the City did provide, the property owner would have to pay all the City's costs, expenses, impact fees, etc. If the annexation does not occur, these properties would remain in the county's service area under our service area agreement. Attorney Brandenburg noted that turning over our obligation under one contract does not change obligations under the other contract. If the City were to provide service outside their limits, they would have to ask the County's permis- sion. He noted that if annexation does not occur, the City's policy as to providing service may or may not change. Discussion continued in regard to making sure there is some vehicle for service for this area, and Attorney Brandenburg stated that the County would still have the authority to issue a franchise on those properties. He noted that the action needed re the proposed turnover would be to authorize the Chairman to execute a letter pursuant to the contract, turning over responsibilities, etc., to the City of Vero Beach and authorize the Attorney to do every- thing necessary to accomplish that turnover. Motion was made by Commissioner Lyons, seconded by Commissioner Bird to authorize the Chairman and the Attorney to take action as described above. Discussion ensued as to whether it might be better for us to address this matter after the vote on the annexation. 46 r