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Resolution 2015-213 RESOLUTION NO.2015- 21 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DIRECTING THE COUNTY MANAGER TO TAKE IMMEDIATE ACTION TO MAKE THE MINIMUM NECESSARY REPAIRS REQUIRED TO FACILITATE THE TRANSPORT OF EMERGENCY SERVICE VEHICLES ON DELLA DRIVE. WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon recent assessment of the road condition of several privately owned roadways in the Golden Gate Estates area Della Drive has large portions that have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, having Della Drive impassable to emergency vehicles endangers not only the residents along Della Drive, but also neighboring residents of Collier County, especially should there be a wildfire event; and WHEREAS, since the adoption of the State Emergency Management Act in 1974, the Florida Legislature has expressly declared that "safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." Pursuant to this declaration, counties are specifically empowered to serve the emergency management function for both their incorporated and unincorporated areas; and WHEREAS, the Board expressly finds that the emergency repair of Della Drive serves a paramount public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. Notice to the residents of Della Drive is hereby waived as this is a case of an immediate public emergency. 2. The Board hereby directs the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles along Della Drive. 3. Following the necessary repairs to the road, the County Manager will send out a letter to each property owner serviced by Della Drive and request that they form a voluntary MSTU for the sole purpose of road maintenance, and shall assist the residents for such purpose. Should the residents fail to establish a voluntary MSTU within six month's time, the County Manager will place an item on the Board's agenda to establish an involuntary MSBU/TU. 1 4. Initial funds generated by the MSBU shall be used to repay the County its full cost in repairing the road. Thereafter, MSTU funds will be held in a separate account for future road maintenance and repairs. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this V �day of October, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, COLLIER COUNTY, FLORIDA CLERK "Y' „0, By: / 4,atoeGar_... Attest,aSto:Cliaittia 'Deputy Clerk TIM NANCE, CHAIRMAN signature only:, Appr• e;�; "" and legality: Will ,A ,, " Jeffrey A . .atzkow, County Attorney 2