AGENDA MEMORANDUM

Meeting Date:           November 26, 2007

From: Raymond S. Sharp, Director, Environmental Services & Public Works

Subject:                      Ordinance Accepting a Deed & Bill of Sale from Highland Cassidy, LLC, as Grantor, to the City of Leesburg, as Grantee, (Waterfront Estates)

Staff Recommendation:

Staff recommends approval of the Ordinance accepting the Deed and Bill of Sale granted by Highland Cassidy, LLC, for water and sewer infrastructure located in Waterfront Estates.

Analysis:

Highland Cassidy, LLC, is deeding utility infrastructure installed by them to the City for the purpose of providing future service to the referenced property.  The construction has been inspected, found to be acceptable, and is in serviceable condition.  This ordinance, if adopted, will accept title to the constructed utility equipment described by Exhibit A.

Options:

1.  Approve Ordinance, or,

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

Upon acceptance, the City will assume operational responsibility for the infrastructure.  The costs will be typical of routine operations and will be accounted for in the operating budgets.  The City will receive water and sewer revenues for service, billed at our usual rates.

Submission Date and Time:    12/6/2007 11:01 AM____

Department: _Environmental Services__ Prepared by:  _Raymond S. Sharp_____                      Attachments:         Yes__x__   No ______ Advertised:   ____Not Required ______ 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. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A DEED & BILL OF SALE GIVEN BY HIGHLAND CASSIDY, LLC, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 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 Highland Cassidy, LLC, a Deed & Bill of Sale, dated September 7, 2007, and recorded in Official Records Book 3530, Page 761, Public Records of Lake County, Florida, conveying certain utility infrastructure and equipment located on property in Section 1, Township 21 South, Range 24 East, Lake County, Florida, 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 ______________, 2007. 

THE CITY OF LEESBURG

By:______________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk