Resolution 1995-025
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RESOLUTION NO. 95- 25
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO THE ACQUISITION OF PROPERTIES, DELEGATING AUTHORITY
TO THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN
DOCUMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE BOARD,
AUTHORIZING STAFF TO PROCEED WITH CERTAIN ACTIVITIES REQUIRED TO EXPEDITE
~~ID PROPERTY ACQUISITION, AND WAIVING CERTAIN PROCEDURAL REQUIREMENTS IN
ACCORDANCE WITH THE CAPITAL IMPROVEMENT ELEMENT OF THE COUNTY'S GROWTH
MANAGEMENT PLAN.
,
WHEREAS, the expeditious acquisition of property is of paramount
importance to the timely completion of many capital improvement projects,
and attaining infrastructure goals in accordance with the Capital
Improvement Element of the County's Growth Management Plan: and
WHEREAS, accomplishing the property acquisition and construction on
or ahead of schedule shall require a properly coordinated team effort
among the individual departments and agencies charged with overall
responsibility for the projects, the Office of Capital Projects
Management, the Real Property Management Department, the Office of the
County Attorney, and the Board of County Commissioners, wherein certain
routine processes require streamlining and abbreviation wherever possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners of
Collier County, Florida, recognizes the importance of completing the
various capital improvement projects at the earliest possible time; and
further, the Board recognizes the relationship of the project schedule to
meeting the concurrency requirements of Collier County's Comprehensive
Plan.
AND IT IS FURTHER RESOLVED that the Board of County Commissioners of
Collier County, Florida, recognizes the importance of the land rights
acquisition function and its relationship to the overall project schedule;
and the Board desires to facilitate and expedite the land rights
acquisition process to the extent that it is empowered to do so by law.
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AND IT IS FURTHER RESOLVED that the following measures are
reasonably necessary for the efficient and expeditious management and
completion of capital projects:
1. The Board of County Commissioners, in accordance with the provisions
of Chapter l25.355, Florida Statutes, hereby formally waives the
requirement for a formal, independent appraisal report for the purchase of
a property where the purchase price of the parcel (the compensation due to
the property owner) is less than One Hundred Thousand and 00/100 Dollars
($100,000.00). In lieu of the independent appraisal report, staff is
hereby authorized to make purchase offers for the properties, the dollar
amounts of which shall be predicated on "staff compensation estimates",
i.e., based upon independent appraisals (and the data therefrom) obtained
on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
2. The Chairman of the Board of County Commissioners is hereby authorized
to execute Appraisal Agreements on behalf of the Board with appraisal
firm(s) from the pre-qualified short-list which, based upon the analysis
and recommendation of staff, is (are) best able to serve the needs of the
project in a timely and cost-effective manner.
3. Upon the approval by the County Attorney's Office of all documents
necessary for the subject property acquisition, Real Property Management
Department staff is hereby encouraged to offer immediate delivery to the
respective property owners of the full compensation (as established by the
appraisal or staff compensation estimates in accordance with the
provisions of Chapter 125.355, Florida statutes), in return for the
immediate and proper execution of th~ respective easements and/or deeds,
and such other legal documents and/or affidavits as the County Attorney's
Office deems appropriate in order to protect the interests of the County;
and the Board of County Commissioners hereby authorizes its Chairman and
any subsequent Chairman, for the life of the project, to execute any and
all agreements and other legal instruments pertinent to such property
acquisition which have been reviewed and approved by the County Attorney's
Office.
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4. In those instances where negotiated settlements may be obtained via
the "Seller's Affidavit", "Purchase Agreement" or "Easement Agreement"
mechanism, the Director of the Office of Capital Projects Management, or
his designee, is hereby delegated the authority to approve the purchase of
land interests above the staff compensation estimate or appraised value
and pay normally related costs when it is in the best interest of the
project, within the pro-rata share of the land rights acquisition budget
for the parcel being acquired, only when the difference between the
purchase price and the staff compensation estimate or appraised value is
less than six Thousand Five Hundred and 00/100 Dollars ($6,500.00). This
settlement approval authority is delegated by the Board of County
Commissioners to the extent that such approvals do not conflict with the
provisions of Section 125.355, Florida statutes.
5. The Chairman of the Board of County commissioners is hereby
authorized to execute Purchase Agreements and Easement Agreements where
the land owner has agreed to sell the required land rights to the County
at their appraised value or at that amount considered the "Administrative
Settlement Amount" as such term is internally used by the administrative
agencies of Collier County.
6. Where the property owner agrees, by sworn affidavit or agreement
(IISeller's Affidavit", "Purchase Agreementll or "Easement Agreement"), to
convey a necessary interest in real property to the County, and upon the
proper execution by the property owner of those easements and/or deeds,
and such other legal documents as the Office of the County Attorney may
have required, the Board hereby authorizes the County Attorney, or his
designee, the authority to execute a closing statement on behalf of the
Board, the Finance Department to issue warrants payable to the property
owner(s) of record in those amounts as shall be specified on a closing
statement and which shall be based upon the appraisal or staff
compensation estimate in accordance with the provisions of Chapter
125.355, Florida Statutes.
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7. All title to properties which have been obtained in the manner
described above shall be deemed Ifaccepted" by the Board of County
Commissioners, as the governing body of Collier County, Florida, a
political subdivision of the State of Florida, and as such, staff is
hereby authorized to record it in the public records of Collier County,
Florida, said deeds and such other instruments as may be required to
remove the lien of any encumbrance from the acquired property.
THIS RESOLUTION ADOPTED after motion, second and majority vote.
Date,?:
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BOARD OF COUNTY COMMISSIONERS
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, Cha'"'t'rman
ATTEST: ~
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Approved as to form and
legal sufficiency:
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Heidi F. Ashton
Assistant County Attorney
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