AGENDA MEMORANDUM

Meeting Date:           September 13, 2010

From:                          Jim Lemberg, Communications Utility Manager

Subject:                      Ordinance accepting a Utility Easement from the City of Mount Dora.

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from the City of Mount Dora pertaining to property located in Section 33, Township 19 South, Range 27 East, Lake County, Florida.

Analysis:

The City of Mount Dora is granting a Utility Easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and improvement of underground fiber optic cable.

Options:

1.  Adopt the Ordinance accepting the Utility Easement as presented; or,

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

As consideration the City of Leesburg will provide to the City of Mount Dora a quantity of fiber optic cable not to exceed two miles and sufficient hardware to attach two miles of fiber optic cable to above ground poles along with professional support in the form of advice from Leesburg’s Communications Utility personnel as City of Mount Dora personnel attach the fiber optic cable to its above ground poles.  The costs for the cable, hardware and personnel time have been included in the project budget for the Communications Utility’s extension of its network to two new Lake County School Board sites (Round Lake Elementary & Sorrento Elementary) from which the Utility will begin earning revenues in September 2010.

Submission Date and Time:    9/16/2010 12:11 PM____

Department: ______________________ Prepared by:  ______________________                      Attachments:         Yes____   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ 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, ACCEPTING A UTILITY EASEMENT FROM THE CITY OF MOUNT DORA, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 33, TOWNSHIP 19 SOUTH, RANGE 27 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 

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

Section 1.

The City of Leesburg, Florida, does hereby accept from The City of Mount Dora a Utility Easement dated June 15, 2010, and recorded in Official Records Book 3938, Pages 1800–1803, Public Records of Lake County, Florida, conveying certain real property located in Section 33, Township 19 South, Range 27 East, Lake County, Florida, and more particularly described in said Utility Easement, to the City of Leesburg. 

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.

This ordinance shall become effective upon its passage and adoption according to law. 

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