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NAR 6 1995 Boor 60 FACE 119 BOARD OF COUNTY COMMISSIONERS 1840 25th .Street, Vero Beach, Florida 32960 Telephone: (305) 567-8000 Suncom: 424-1425 February 25, 1985 GARY M.BRANDENBURG County Attorney CHRISTOPHER J. PAULL Asst. County Attorney JAMES P. WILSON Asst. County Attorney Purchase of Hutchinson Utilities, Inc. facilities by The Moorings Homeowners Dear Charlie: -.I have been working with our bond counsel in an attempt to simplify the procedure for the H.'U.I. buy-out. The current proposal involves the County imposing an assessment lien against the. benefited properties with the proceeds of the lien pledged to pay a revenue bond which the H. U.I. owners will accept as payment :at , closing. The County immediately upon purchase of the system .will convey all facilities to the City to become part of the combined City of Vero Beach wastewater system; the County's only role being a conduit to aid in the financing of the project. This appeared to be necessary because of the City's lack of authority to impose special assessment liens in the unincorporated area. The City and County have now entered into an agreement relating to capacity rights which clears the way for the special assessment procedure to begin. It. -now appears that the City does have the authority to impose special assessment liens in the unincorporated area. In this .regard, please refer to §170.01(1)(8), F.S., which provides the necessary authority; i.e., "Any municipality which is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property." In light of this Statute it does 'not appear that any further County involvement in the acquisition is necessary. The City can impose the lien, issue the bonds, and acquire the system. This will eliminate an unnecessary party from the transaction and give the City more control in structuring the transaction and in combining the system into the City system. It also seems to make sense to have the debt and the job of collecting the special . assessments follow the assets that are acquired when issuing -the debt. Overall this will greatly simplify the process and reduce - the ultimate cost to The Moorings homeowners. The County -has completed two similar assessments, and I would be happy to give you copies of the documents to use as a guide. I would recommend that the City consider retaining Jud Freeman, Jr. as bond counsel, as he is very familiar with this process and has provided the County with excellent service in our previous assessment issues. Please review the Statute and discuss this matter with the necessary individuals --in the City and give me your thoughts. Since the homeowners in The Moorings are anxious to proceed, I will probably bring this to the attention of the County Commission at their next meeting. Sineer 7el- . Gary" M.7Brandenburg, , County: Attorney`l��J 78 Charles P. Vitunac City Attorney :..City of Vero Beach 'Post Office Box 1389 Beach, FL ...Vero 32.960 February 25, 1985 GARY M.BRANDENBURG County Attorney CHRISTOPHER J. PAULL Asst. County Attorney JAMES P. WILSON Asst. County Attorney Purchase of Hutchinson Utilities, Inc. facilities by The Moorings Homeowners Dear Charlie: -.I have been working with our bond counsel in an attempt to simplify the procedure for the H.'U.I. buy-out. The current proposal involves the County imposing an assessment lien against the. benefited properties with the proceeds of the lien pledged to pay a revenue bond which the H. U.I. owners will accept as payment :at , closing. The County immediately upon purchase of the system .will convey all facilities to the City to become part of the combined City of Vero Beach wastewater system; the County's only role being a conduit to aid in the financing of the project. This appeared to be necessary because of the City's lack of authority to impose special assessment liens in the unincorporated area. The City and County have now entered into an agreement relating to capacity rights which clears the way for the special assessment procedure to begin. It. -now appears that the City does have the authority to impose special assessment liens in the unincorporated area. In this .regard, please refer to §170.01(1)(8), F.S., which provides the necessary authority; i.e., "Any municipality which is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property." In light of this Statute it does 'not appear that any further County involvement in the acquisition is necessary. The City can impose the lien, issue the bonds, and acquire the system. This will eliminate an unnecessary party from the transaction and give the City more control in structuring the transaction and in combining the system into the City system. It also seems to make sense to have the debt and the job of collecting the special . assessments follow the assets that are acquired when issuing -the debt. Overall this will greatly simplify the process and reduce - the ultimate cost to The Moorings homeowners. The County -has completed two similar assessments, and I would be happy to give you copies of the documents to use as a guide. I would recommend that the City consider retaining Jud Freeman, Jr. as bond counsel, as he is very familiar with this process and has provided the County with excellent service in our previous assessment issues. Please review the Statute and discuss this matter with the necessary individuals --in the City and give me your thoughts. Since the homeowners in The Moorings are anxious to proceed, I will probably bring this to the attention of the County Commission at their next meeting. Sineer 7el- . Gary" M.7Brandenburg, , County: Attorney`l��J 78