Item No: 5J.

Meeting Date: August 27, 2012

From: Jim Lemberg – Manager, Communications Utility

Subject: Ordinance accepting a Utility Easement from The School Board of Lake County, Florida, pertaining to land located in Section 20, Township 17 South, Range 28 East, Lake County, Florida.

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from The School Board of Lake County, Florida, pertaining to land located in Section 20, Township 17 South, Range 28 East.

Analysis:

The School Board is granting a Utility Easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement, and improvement of underground or above ground utilities, including but not limited to water, sewer, reuse water, natural gas, electricity, cable television, fiber optics, and telecommunications. The City’s first contemplated use of this easement will be for placement of a new fiber optic cable to the Spring Creek Elementary School in Paisley for the purpose of providing communications services to that site.

Options:

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

2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:

None

Submission Date and Time: 8/23/2012 11:46 AM____

Department: __IT/Communications_____ Prepared by: ___Jim Lemberg_______ Attachments: Yes__X__ No ______ Advertised: ____Not Required __X____ Dates: __________________________ Attorney Review : Yes_X__ No ____ _________________________________ Revised 6/10/04

Reviewed by: Dept. Head ________ Finance Dept. __________________ Deputy C.M. ___________________ Submitted by: City Manager ___________________

Account No. n/a Project No. n/a WF No. n/a Budget n/a Available n/a

ORDINANCE NO._______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM THE SCHOOL BOARD OF LAKE COUNTY, FLORIDA, AS GRANTOR, TO THE CITY OF LEESBURG, FLORIDA, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 20, TOWNSHIP 17 SOUTH, RANGE 28 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 School Board of Lake County, Florida, a Utility Easement dated June 25, 2012, and recorded in Official Records Book 4188, Pages 2432-2435, Public Records of Lake County, Florida, conveying certain real property located in Section 20, Township 17 South, Range 28 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 twenty-seventh day of August 2012.

THE CITY OF LEESBURG

By:

Mayor

ATTEST:

_________________________________

City Clerk