Resolution 2000-089
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RESOLUTION NO. 2000- ~
A RESOLUTION DIRECTING THAT CERTAIN ROADWAYS WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY BE MAINTAINED BY COLLIER
COUNTY.
WHEREAS, certain roadways in unincorporated Collier County have been maintained by
the Road and Bridge Section of the Transportation Services Department of Collier County; and
WHEREAS, said roadways have not met the minimum standards for acceptance by
Collier County due to lack of sufficient right-of-way, absence of acceptable drainage capability,
lack of paved surface, or other similar defects, but said roadways are deemed to be public
roadways by virtue of the public's open usage and acceptance of said defects; and
WHEREAS, the Board of County Commissioners has determined that it is in the public
interest that the Road and Bridge Section of the Transportation Services Department continue to
maintain said roadways, as enumerated below, for reasons of public health, safety and welfare.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Road and. Bridge Section of the Transportation Services Department will maintain
the roadways enumerated on Exhibit "A", attached hereto and made a part hereof.
2. Maintenance operations shall be subject to the following constraints and conditions:
a. The existing roadway shall be maintained to the limits of the traveled way
which existed on the date of approval of this Resolution. The Road and
Bridge Section of the Transportation Services Department has caused an
inventory of the specified roadways to be made as of the date of approval
of this Resolution. The basis for all maintenance and future improvements
shall be as set forth on the inventory attached herewith as Exhibit "A".
b. No additional drainage structures or drainage improvements, except for
normal road grading operations, shall be undertaken without the express
approval of the Board of County Commissioners.
3. If any property owner, or group of property owners, desires to have the roadway
improved beyond what exists at the time of approval of this Resolution, then said property
owner(s) shall petition the Board of County Commissioners in accordance with the requirements
of Resolution No. 95-454. Alternatively, said property owner(s) may petition the Board of
County Commissioners in accordance with Ordinance No. 98-45 for the formation of a
Municipal Services Benefit Unit (MSBU) for the purpose of improving a roadway(s) to the
minimum County standards then in effect.
4. The Board of County Commissioners may, at some future date, determine that it is in the
public interest to require the improvement of any or all of the said roadways to the then current
minimum county standards. The Board of County Commissioners may, upon finding that it is in
the interest of public health, safety and welfare, invoke the power provided under Section 125.01
(l)(q), Florida Statutes, to form an MSBU.
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5. The Board of County Commissioners finds that the expenditure of funds for the
maintenance of the aforementioned roads is in the best interest of public health, safety and
welfare and constitutes a valid public purpose.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~~J;~O
ATTEST:
DWIGHT E. BROCK, Clerk
By: ~~~
Deputy Clerk
Attest as to Chafnaan's
s1gnatur. on1J.
Approved as to form and
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Ro ert N. ary
Assistant County Attorney
H:RobtlResolulionslunnumbered Resolution to Maintain Slrels
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