Resolution 1997-038
RESOLUTION NO. 97. 38
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A RESOLUTION OF nrn BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO nrn ACQUlsmON OF PROPERTIES,
DELEGATING AUTIiORITY TO nrn CHAIRMAN OF nrn BOARD OF COUNTY
COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO
PROPERTIES ACQUlSmON ON BEHALF OF TIm BOARD, AUTIiORIZING
STAFF TO PROCEED WIrn CERTAIN ACTIVITIES REQUIRED TO EXPllDITB
SAID PROPERTY ACQUISmON, AND WAIVING CERTAIN PROCI!DllRAL
REQUIREMENTS IN ACCORDANCE WIrn nrn CAPITAL IMPROVEMENT
ELEMENT OF nrn COUNTY'S GROWTH MANAGEMENT PLAN.
WHEREAS, the expeditious ~uisition ofproperty i. of paramount importance to the
timely completion of many capital improvement projects, and IlIaining infrastructure goaJs in
accordance with the Capital Improvement Element of the County'. Growth Maoagcment Plan;
and
WHEREAS, ICCOmplishing the property acquisition and COIIItruction on or ahead of
schedule .hall rtquire a properly coordinated team effort among the individual departments and
agencies charged with overall reaponaibiIity for the projects, the Office of Capital ProjcctJ
Management, the Real F.V}'<'Ity Management Department, the Office of the County Attorney,
and the Board of County Commisaionen, wherein certain routine proceaaea require atream1ining
and abbreviation wherever poasible.
NOW, TIffiREFORE, BE IT RESOLVED BY nrn BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
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Commiaaioncrs ofCoIIier County, Florida, RCOgnizeathe importance of cqmpleting the various
capital improvement projects at the earlies: poaaible time; and further, the Board recognizes the
relationship of the project schedule to meeting the concurrency requirements of Collier County'.
Comprehensive Plan.
AND IT IS FURTIiER RESOLVED that the Board of County Commiasionera of Collier
County, Florida, RCOgnizes the importance of the land rights acquisition function and its
relationship to the overall project schedule; and the Board desires to facilitalc and expedite the
land righla acquisition proccaa to the extent that it is empowered to do 10 by law.
AND IT IS FURTIiER RESOLVED that the following meaaurea are reasonably
neceaamy for the efficient and expeditious management and completion of capital projcctJ:
1. The Board of County Commiaaionera, in accordance with the provisions of Chapter 125.355,
Florida Statutes. hereby fonnally waives the rtquirement for a formal. independent appraiaat
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report for the purchase of a property where the purchase price of the parcel (the eu.........aation
clue to the property owner) i.leas than One Hundred Thousand and 001100 DoUm
($100,000.00). In licu of the independent appraiaal report, staffi. hereby authorized to make
purchase offers for the l'.uygUcs, the doUar amounts of which .hall be predicated on "staff
cot.u~on ...m..._", i.e~ baed upon independent appraiaa1a (md the data th..du...)
obtained on similar jIi""",1ieallDd upon consideration and application of "I'I"UJ'IWc mmtct
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va1uc lIDd cost data p.. tiu.nt to the subject pltt'CCl..
2. The Chairman of the Board of County Commiasionera i. hereby aulborizcd to execute
AppraiaaI Agreements on behalf of the Board with appraiaal firm(.) from the pr&-qUaIified
ahort-lill which, baaed upon the anaIyaia and recomm-.ndation of ataft; is (are) beIllblc to avo
the nccda of the project in a timely and cost-effective manner.
3. Upon the approva1 by the County Attorney'. Office of all documents ---y for the subject
f11~ acquisition, Real Pto~ Management Department staff is hereby eu..vv...pt to offer
immcdialc delivery to lhc reapective ~ owners of the full cu........-tioo (a Cltlbliahed by
the appraiaal or staff CO...~JI8liOll estimates in accordance with the proviaiOlll of CIaptcr
125.355, Florida Statutea), in return for the immcdialc md proper execution oftbc Ic.p....liye
-.:ments and/or deeds, lIDd such olher legal documcnta and/or affidavits . the County
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Attomcy'. Office deems "I'I"UJ'Iiatc in order to protect the intereata oftbc County; and the BoIrd
of County Commiasioncra hereby authorizca its Chairman md any ~ Ch.;......... for tbc
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li fe of the project, to execute any and all agreements lIDd olhcr legal inIlrumcnta pelli.....1t to such
prOporty acquisition which have been reviewed lIDd approved by the County Attomcy'. Office.
4. In lhoac instances where negotiated aettlementa may be obtained via the "Soller'. Affidavit",
"Purchase Agreement" or "Easement Agreement" mechanism, the Public Works Administrator,
or his designee, is hereby delegated the authority to approve lhc purchase of land intereata above
the alafT COn.p..u.atiOll estimate or appraised value and pay normally related costa when it is in
the bell intcreat of the project, within the pro-rata share of the land rights acquiaition budget for
the pltt'CC1 being acquired, only when the difference between the purchase price and the staff
~QD eatimatc or appraised value is leas than Fifteen Thousand md 001100 Dollm
($15,000.00) or the CUITCIIt purchasing limits ealabliahed by the Collier County Purchaing
Department; provided. Project funding is available. This aettlement approval authority is
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delegated by the Board of County Commiaaionera to the extent that such approvals do not
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coa11ict with the provisiODl ofScction I25.3SS, Florida Statutca.
S. The Chairman of the Board of County Commiuioners i. hereby aulborizcd to execute
Parcbac Aaloewwb lIDd " ."'tIt ~ts where the Imd oomcr bu aped 10 ICIIlbe
l'"Iuh.d Imd rights to the County at their appraised value or at that amoaat w..ld(l04lbe
"Adminiatrativc ~ Amount" II such term is intcrna1Iy used by lbe ..tn.:..i.....ti...
apacica ofCoUier County.
6. Where the p10perty 0WDer IIgreCI, by sworn affidavit or agl~ ("ScIIa'. AfIIdavit",
~ Agreement" or "E.-'tImt Agreement"), to convey a nee II LT intcrcal in rall"~
to the County, lIDd upon the proper execution by the pl~ 0WDer oflbolc ..,. ,-.I.lDdIor
cIoeda, md such olhcr legal ,w,'lDCIIta IS the Office of the County Auomeymay have i'"tuh.d,
the Board heRby authorizes tbc County Attorney, or his designee, the ..dbu.ily to execute .
c1o&ing statement on beha1f oftbc Board, the Finance Department to i.auc Io.....dlo pl!yIb1c to
the pIOpmy owner(.) of record in tboIc amomrta II shall be specified on a c!oling _~ 11III
which aha11 be baaed upon the appraiaaI or ataff .:o........-tion estimate in accordaocc wi1h the
provisions ofChaptcr I25.3SS, Florida StatuIca.
7. AD title to 1""I""1iea which have I:cen W ',-4 in lbe ~ deIcribcd abml abaII be
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deemed "accepted" by the Board of County CommiaaiOllCl'l, IIlbe sowminc body ofCoUier
County, Florida, a political subdivision oftbc State of Florida, IIIIIIIIlICb; ataffia hereby
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authorized to record it in the public record! of Collier County, Florida, aid dceda and auch olhcr
inatrumemall may be required to remove tbc lien ofanyCllClllllbnmcc from thelCQuh.d
p10p<;11y.
TIIIS RESOLUTION ADOPTED this 4 day ofQ,..,. )I' .A997 after molioo, aec:ond and
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.. majo!#y.y*,
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/. 'DWIGfrr E. g~ CLERK
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cidi F. Ashton
BOARD OF COUNTY COMMISSlONERS
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By. ~
, ,Chairman