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County Administrator's Report 14. 42.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Acceptance of a Portion of Real Property from Russell Bayou Homeowners Association, Inc. - Joy Jones, P.E., Public Works Department Director
That the Board take the following action concerning the acceptance of the donation of a portion of real property from Russell Bayou Homeowners Association, Inc., for the Innerarity Island Sewer System Upgrades Project:
A. Accept the donation of a portion of real property from the Russell Bayou Homeowners Association, Inc., for the Innerarity Island Sewer System Upgrades Project;
B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for sewer system improvements, and the County benefits from the acceptance of this property, which enhances the safety and well-being of the citizens of Escambia County;
C. Authorize the payment of incidental expenditures associated with the recording of documents; and
D. Authorize the Chairman or Vice Chairman to accept the Deed as of the day of delivery of the Deed to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.
[Funding: Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
This project is located in Commission District 2. |
| BACKGROUND: |
On March 21, 2014, Escambia County took ownership, by Court order, of the Innerarity Island Water and Sewer System. Since then, the water system upgrade has been completed and Emerald Coast Utilities Authority (ECUA) has taken over ownership and responsibility.
On May 17, 2018, the BCC approved an Interlocal Agreement with ECUA regarding the design and construction of the sewer system. Included within the Agreement (Article 6.1) was a statement that Escambia County would acquire the property necessary for the construction of the lift station, according to ECUA's standards, for conveyance to ECUA upon completion of the project.
On October 15, 2018, Commissioner Underhill, Lois Benson, ECUA District 2, County staff, and the Russell Bayou Home Owners Association (RBHOA) board met at the Perdido Key Community Center to discuss the property on the northwest corner of Narwhal Drive and Tarpon Drive that was identified as the property necessary for construction of the lift station. The result of that meeting was that the county would prepare the necessary documentation for the donation of the property from the RBHOA to the county, and that the RBHOA would coordinate with their membership to achieve the Covenants and Restrictions Article 2 Section 2 (b), which requires a two-thirds majority vote to dedicate common area to a public agency.
At their November 15, 2018, RBHOA meeting, the two-thirds majority voted to dedicate the property, by deed, from RBHOA to the county as seen in the attached Exhibit A.
The funding for the design and Construction Engineering Inspection (CEI) will be from the $1,500,000.00 of appropriations through a Department of Environmental Protection Agreement. Funds for construction are available via the Municipal Service Benefit Unit (MSBU) Ordinance (enacted on March 2, 2017, and amended January 18, 2018.) Initial project costs will be provided through an inter-fund loan from Local Option Sales Tax (LOST) funds to the MSBU fund and reimbursed from assessments.
This property is located in Commission District 2. |
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| BUDGETARY IMPACT: |
| Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by Escambia County Clerk's Office. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Warranty Deed was approved as to form and legal sufficiency by Stephen G. West, Senior Assistant County Attorney. |
| PERSONNEL: |
| All work associated with this request is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Upon Board approval, county staff will proceed in compliance with Section 46-139 of the Escambia County Code of Ordinances. |
| IMPLEMENTATION/COORDINATION: |
| Upon Board approval, staff will proceed in compliance with Section 46-139 of the County Code of Ordinances. |
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