Resolution 1993-025
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RESOWTION NO, 93- 25 JA1lUARY 26, 1993
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIOIIERS OF COLLIER COUNTY, FLCRIDA,
RELATING TO THE ACQUISITION OF PROPERTIES, DELEGATING AUTHORITY TO THE CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIOIIERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO
PROPERTIES ACQUISITION ON BEHALF OF THE BOARD, AUTHORIZING STAFF TO PROCEED WITH
CERTAIN ACTIVITIES REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION, AND WAIVING
CERTAIN PROCEDURAL REQUIREMENTS IN ACCORDNICE 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 ot the County's Growth Management Plan; and
WHEREAS, accomplishing the property acquisition and construction on or
ahead ot schedule shall require a properly coordinated team effort among the
individual departments.and agencies charged with overall responsibility for the
projects, and 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, TMEREFORE, 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 6chedule 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 over~ll 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.
AND IT IS FURTHER RESOLVED that the following measures are reasonably
necessary for the efficient and expeditious management and completion of capital
projects:
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JAllUARY 26, 1993
1. The Board ot County Commissioners, in accordance with the provisions of
Chapter 125.355, 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
les8 than One Hundred Thousand and 00/100 Dollars ($100,QOO.oO).
In lieu of the
independent appraisal report, staff is hereby authorized to make purchase offers
tor 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
ot appropriate market value and cost data pertinent to the subject parcels.
2. The Chairman of the Board Qf 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
ot statt, is (are) best able to serve the needs of the project in a timely and
co.t-.ttective manner.
3. Upon the approval by the County Attorney's Office of all documents necessary
tor the subject property acquisition, Real Property Management Department staff
i. hereby encouraged to offer immediate delivery to the respective property
owners, ot 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 ~he immediate and proper execution of the
respective easements and/or deeds, and such other legal documents and/or
atfidavits 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 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.
4. In those instances where negotiated settlements m~y be obtained via the
"Seller's Affidavit", "Purchase Agreement" or "Easement Agreement" meChanism,
Dlvi.ion Administrators charged with responsibility for :ompletion of the
various capital improvement projects are 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
ot the project, within the pro-rata share of the land rights acquisition budget
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JANUARY 26, 1993
tor the parcel being acquired! and only when the difference between 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
aqreed to sell the required land rights to the County at their appraised value
or at that amount considered ....ith 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 ("Seller's
Affidavit", "Purchase Agreement" or "Easement Agreementtl), to convey a necessary
interest in real property to the County, and upon the proper execution by the
property owner ot those easements and/or deeds, and such other legal documents
as the Office of the County Attorney may have required (see above), the Board
hereby authorizes the Finance Department to issue checks, payable to the
property owners 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.
THIS RESOLUTION ADOPTED after motion, second and majority vote.
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BOARD OF COUNTY COMMISSIONERS
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By: ~
B t . , Chairman
ur L. Saunders
;l'0~t E"~F"'';
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Approved I.. Si,'\;I,'iorIll'.and
,legal .u!t1cfency:
ft rL ' d 7111^ A-
Clerk
AA.i.tant County Attorney
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