Resolution 1992-343 RESOLUTION NO. 92-_1A1 JUNE 16, 1992
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 SAID PROPERTY ACQUISITION, AND
WAIVING CERTAIN PROCEDURAL REQUIREMENTS.
WHEREAS, the expeditious acquisition of propert y is of
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paramount importance to the timely completion of many capital
improvement projects, and attaining infrastructure goals in
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accordance with the Capital Improvement Element of the County's
Growth Management Plan; and
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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, and
the Real Property Management Department, the Office of the County
} ? Attorney, and the Board of County Commissioners, wherein certain
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routine processes require streamlining and abbreviation wherever
I possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of
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_ 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 t
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1 relationship of the project schedule to meeting the concurrency
t requirements of Collier County's Comprehensive Plan.
AND IT IS FURTHER RESOLVED that the Board of County
1 , 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
,
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{ process, to the extent that it is empowered to do so by law.
AND IT IS FURTHER RESOLVED that the following measures are
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reasonably necessary for the efficient and expeditious management
and completion of capital projects:
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JUNE 16, 1992
1. The Board of County Commissioners, in accordance with the
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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 the property owner) is less than
$100,000.00. In lieu of the independent appraisal report, staff
fi is hereby authorized to make purchase offers for the properties,
the dollar amounts of which shall be predicated on "Atgff
compensation estimates"
if
i.e. , based upon independent appraisals
(and the data therefrom) obtained on similar properties and upon
5 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
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Property Management Department staff is hereby encouraged to
offer immediate delivery to the respective!
' property owners, of 4
the full compensation (as established by the appraisal) , in
return for the immediate and proper execution of the respective
easements and/or deeds, and such other legal documents and/or
affidavits as the County Attorney's Office deems appropriate in
1A 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
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by the County Attorney's Office.
4. 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.
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{ JUNE 16, 1992
5. Where the property owner agrees, by sworn affidavit
("Seller's Affidavit" ) , 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 At.Lurnny mny have
i 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 staff compensation
estimate.
B. In those instances where negotiated settlements may be obtained
via the above-described "Seller's Affidavit" mechanism, Division
Administrators charged with responsibility for completion 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 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, and only
when the difference between the staff compensation estimate or
appraised value is less than $6,500. This settlement approval
authority is delegated by the Board of County Commissioners to the
extent that such approvals do not conflict with the provisions of
Section 125.355, Florida Statutes.
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THIS RESOLUTION ADOPTED after motion, second and majority vote.
Dated: �/G//;.; -
BOARD OF COUNTY COMMISSIONERS
• ATTE$T: t ' � OF COLLIER LINTY, FLORIDA
J�
By: \Y11, .as a C, Qile,, Jerk Michael J. Vol ... �_._
__________
a • .
P Chairman
' Ap$roved as to form and
legl►i . of is nCY: .....
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WAAA..l :' I.' (Y.C L1--
D nni■ P. C onin,
ssistant County Attorney ` � f U Q PA, ll))E 62
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