AGENDA MEMORANDUM

                                                                             

 

MEETING DATE:   July 26, 2010

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance Correcting Annexation Ordinance No. 10-34 because of a scrivener’s error in the City Commission district (Christian Worship Center of Central Florida, Inc)

 

 

Staff Recommendation: 

Staff recommends approval of the attached corrective ordinance to Annexation Ordinance No. 10-34, which contained an incorrect City Commission district designation of 3 instead of 2, generally located on the east of C.R. 468, on the north side of Montclair Road (see the attached General Location Map).

 

Analysis:

On May 10, 2010, the City Commission adopted Annexation Ordinance No. 10-34 with an incorrect City Commission district designation of 3 instead of 2.  This matter has since been brought to the attention of the Community Development Department.  The attached ordinance contains the corrected district designation

 

Options:        

1.         To approve the correction to Annexation Ordinance No. 10-34; or,

2.         Other such action as deemed appropriate by the City Commission.

 

Fiscal Impact:

There is no anticipated fiscal impact. 

 

Submission Date and Time:    7/22/10 10:41 AM____

Department: Community  Development

Prepared by:  Bill Wiley, AICP                   

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                 

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING ANNEXATION ORDINANCE NO. 10-34 FOR CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY ONE ACRE AND BEING GENERALLY LOCATED ON THE EAST OF C.R. 468, ON THE NORTH SIDE OF MONTCLAIR ROAD, LYING IN SECTION 21, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, OWNED BY CHRISTIAN WORSHIP CENTER OF CENTRAL FLORIDA, INC, TO CORRECT A SCRIVENER’S ERROR IN THE CITY COMMISSION DISTRICT DESIGNATION FROM 3 TO 2 FOR THE PROPERTY BEING ANNEXED; AND PROVIDING AN EFFECTIVE DATE (CHRISTIAN WORSHIP CENTER OF CENTRAL FLORIDA, INC).

 

WHEREAS, on May 10, 2010, the City Commission adopted Annexation Ordinance No. 10-34, for certain real property owned by Christian Worship Center of Central Florida, Inc, and

 

WHEREAS, it is necessary to amend Ordinance Nos. 10-34 to set forth the correct City Commission district designation from 3 to 2 of the subject property by way of this Ordinance,

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1

 

Ordinance Nos. 10-34 is hereby amended to change the City Commission district designation from 3 to 2 of the parcel annexed thereby, as set forth in Section 1 of said Ordinance.  Except as specifically amended by this Ordinance, it is the intent of the City Commission that Ordinance Nos. 10-34 shall remain in full force and effect and all of its terms, conditions and covenants shall apply to the parcel described on Exhibit “A” hereto.  This amendment to Ordinance Nos. shall apply 10-34 nunc pro tunc.

 

Section 2.   

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

Section 3.   

 

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

Section 4.   

 

This ordinance shall become effective immediately upon approval at second reading.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of __________________, 2010. 

 

THE CITY OF LEESBURG

 

By: ___________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk

 

 

 

 

 


 

 

Exhibit “A”

 

                                                  Legal Description

 

 

 

 

 

Alternate Key Number: 1290520