Resolution 2001-029
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RESOLUTION NO. 2001-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO THE ACQUISITION OF PROPERTIES,
DELEGATING AUTHORITY TO THE CALENDAR YEAR 2001 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 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 Transportation Engineering and
Construction Management Department, the Public Utilities Engineering Department, the Real
Property Management Department, the Office ofthe 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 COMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners of
Collier County, Florida, recognizes the importance of completing the various capital improvements
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.
AND IT IS FURTHER RESOLVED that the following measures are reasonably necessary
for the efficient and expeditious management and completion of capital projects:
I. The Board of 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 less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of
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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 ofthe
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 125.3 5 5,
Florida Statutes), in return for the immediate and proper execution ofthe 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.
4. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Transportation Administrator or the Utilities
Administrator, or their designee, is hereby delegated the authority to approve the purchase ofland
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 Twenty-Five Thousand and 00/1 00
Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing
Department; provided, Project funding is available. 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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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 ("Purchase Agreement" 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 I)
the County Attorney, or his designee, the authority to execute a closing statement on behalf of the
Board, and 2) the Finance Department the authority to issue warrants payable to the property
owner(s) ofrecord 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.
7. All title'to properties which have been obtained in the manner described above shall be deemed
"accepted" 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 thi~ay of y- ,2001 after motion, second and
majority vote.
..... .
ATTES1::-.,' .
> DWIGHT E.: BROCK, CLERK
1', . .
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Attest as to Chairman's
stgAlture onl,y.
Approved as to form and
legal sufficiency:
~,~
Heidi F. Ashton
Assistant County Attorney
Chairman
By:
JAMES 0
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