Resolution 1994-651
SEP 6 - ~
RESOLUTION NO. 94-651
A RESOLUTION ADOPTING POLICIES REGARDING
RESPONSIBILITY FOR MAINTENANCE OF SECONDARY
DRAINAGE SYSTEMS IN COLLIER COUNTY
WHEREAS, the Board of County Commissioners ("Board")
resolves that it should establish written policies to specify
the extent that Collier County will voluntarily be
responsible to maintain secondary drainage systems that are
under the jurisdiction of Collier County and where
maintenance responsibility for such systems has not been
assumed by any other individuals or other entity, and
WHEREAS, there are approximately 160 miles of "Primary"
drainage canals and related facilities in Collier County that
by written agreement(s) are the maintenance responsibility of
the Big Cypress Basin/South Florida Water Management
District, and
WHEREAS, there are approximately 180 miles of
"Secondary" drainage ditches and related facilities to which
the Big Cypress Basin/South Florida Water Management District
have not assumed maintenance responsibility by agreement with
Collier County, and
WHEREAS, this Resolution expresses the extent Collier
County will voluntarily assume maintenance responsibility for
Secondary drainage systems.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE - DEPINITIONS:
"Primary" drainage systems are limited to those larger
canal systems (and their related physical facilities) that
serve as major outfalls for large drainage basins that have
significant regional impacts. The vast majority, but not
necessarily all, of the Primary systems are by agreement(s)
with Collier County the maintenance responsibility of the Big
Cypress Basin/South Florida Water Management District.
lOOK 000 rl\;[ 234
-1-
SEP 6 - ~
"Secondary" drainage systems are those drainage systems
that are not Primary systems. These secondary systems are
smaller than the Primary systems; they serve as stormwater
discharge outlets for minor basins, sUb-basins, and
neighborhood type situations.
"County Resource" includes spending County money and/or
employing physical labor of any county employee to maintain
any drainage system or any part thereof.
SECTION TWO: POLICY REGARDING COLLIER COUNTY'S ASSUMED
RESPONSIBILITY TO MAINTAIN ANY SECONDARY DRAINAGE PACILITY.
Except as otherwise may be authorized by the Board on a
case-by-case basis, in order to then qualify for application
of any Collier County Resource to maintain any secondary
drainage facility, thQ facility:
1) Must be located within a recorded drainage easement
that grants maintenance rights to Collier county, or
2) Must be located in a public right-of-way that grants
physical access to Collier County, or
3) Must be on real property owned in fee by Collier
County, or
4) Must be part of a development's drainage system that
specifically assigns maintenance responsibility and access to
Collier County and such maintenance responsibility has been
expressly accepted by the Board of County Commissioners, or
5) Must serve as an off-site discharge outlet for one
or more developments and be in a physical location where
the County has access, and where maintenance would not be
legally possible for any private party, Property owners'
Association, or any other substantially similar entity, or
6) Must serve a significant regional basin or sub-basin
and where there has heretofore been several years of
maintenance by Collier County to such facilities and such
maintenance has caused adjacent land owners to rely on such
'OOlt 000 PAtt 235
-2-
SEP 6 - 199'
continued maintenance. If it is known, or discovered that at
the physical locations of such continuous past Collier County
Maintenance, easements for such drainage facilities do not
exist and/or do not confer maintenance access to Collier
county, the County shall endeavor to acquire the necessary
easements and/or access rights, first by gift, second by
purchase, and, as a last resort, by condemnation.
This Resolution adopted after motion, second and
majority vote favoring adoption.
Dat~d: 9/~~
ATTEST:
D~IGHT,J~. BROCK, Clerk
".;:~~g)P
~ .
. .. ~ .
'-;
INE,
. ;"'.,
. "'';;-~:. ,;
"::~:....' .....
'\ApprOV!l.d~'~ to form and
legal~,sUff iciency:
~~'(. p~
Thomas c. palJ~r
Assistant County Attorney
TCPIbll3I1
:-.,
','
lOOK ()O()Pl~E~f)
-3-