AGENDA MEMORANDUM

MEETING DATE:   August 27, 2007

FROM:                       Laura McElhanon, AICP, Community Development Director

SUBJECT:                  Ordinance Amending Ordinance 07-76 to Correct a Scrivener’s Error for     Rezoning for Paul B. Harsh II - (Tri-Vista Properties, LLC)

Staff Recommendation: 

The Planning staff recommends approval of the proposed amended ordinance to correct the section number of the Ordinance 07-76 for the rezoning for the subject property from City C-3 (Highway Commercial) to CIP (Commercial/Industrial Planned).

Analysis:

A Scrivener’s error was made to the legal description section number in the title of Ordinance 07-76  rezoning property for Paul Harsh.

Options:        

1.         Approve the ordinance to amend Ordinance 07-76 for rezoning to City CIP (Commercial/Industrial Planned), thereby correcting the section number.

2.         Other such action as the Commission may deem appropriate.

Fiscal Impact:

There is no fiscal impact to the City.

Submission Date and Time:    8/24/07 5:26 PM8/22/07 3:08 PM

Department: Community  Development Prepared by: Bill Wiley, AICP Attachments:  Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Newspapers: _________________________________                                                     _________________________________            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, AMENDING ORDINANCE NO. 07-76 WHICH REZONED CERTAIN REAL PROPERTY IN SECTION 27, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, OWNED BY PAUL B. HARSH II, SAID PROPERTY CONSISTING OF APPROXIMATELY 1.5 ACRES, TO CORRECT A SCRIVENER’S ERROR IN THE SECTION NO. OF THE PROPERTY BEING REZONED; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on August 13, 2007, the City Commission adopted Ordinance No. 07-76 rezoning certain real property owned by Paul B. Harsh II, and

WHEREAS, Ordinance No. 07-76 inadvertently cited the wrong Section No.26 instead of the correct Section No. 27 in the title, and

WHEREAS, all legal advertisements required as conditions precedents to the adoption of Ordinance 07-76 did set forth the correct section no of the property alternate key number 1264600,

and

WHEREAS, it is necessary to amend Ordinance 07-76 to set forth the correct section no. for the property which the City Commission intended to rezone by way of that Ordinance,

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

SECTION I.

Ordinance No. 07-76 is hereby amended to change the section no. from 26 to section 27 in the title of the ordinance. Except as specifically amended by this Ordinance, it is the intent of the City Commission that Ordinance No. 07-76 shall remain in full force and effect and all of its terms, conditions and covenants shall apply to the property. This amendment to Ordinance No. 07-76 apply nunc pro tunc.

SECTION II.

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 III.

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 IV.

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 , 2007.

THE CITY OF LEESBURG

By: _________________________________

            Mayor

ATTEST:

___________________________________ 

City Clerk