Resolution 1996-010
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RESOLUTION NO. 96-10
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:{ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, '
{~,'rioRIDA, RELATING TO THE ACQUISITION OF PROPERTIES, DELEGATING AOTHORrrY"
'ill'TOTHB CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN
h'IIlOCOMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE BOARD,
!r~AUTHORIZING STAFF TO PROCEED WITH CERTAIN ACTIVITIES REQUIRED TO EXPBDITI
~SAID PROPERTY ACQUISITION, AND WAIVING: CERTAIN PROCEDURAL REQUIREMENTS:tlt
, ACCORDANCE WITH THE CAPITAL IMPROVEMENT ELEMENT OF 'IlIE COUNTY'S GROWTH "
MANAGEMENT PLAN.
WHEREAS, the expeditious acquisition ot property is ot paramount
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"liIDportance to the timely completion of many capital improvement projects,
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and",attaining infrastructure goals in accordance wit:h the capital
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'IlIIprovement Element of the County's Growth Management Plan; and
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WHEREAS, accomplishing the property acquisition and construction on
ahead of schedule shall require a properly coordinated team effort
, .among the individual departments and agencies charged with overall
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:\:;roliponsibility for the projects, the Office ot Capital Projects
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':;~:M&nagement, the Real Property Management Department, the Office of tt~ '
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:"Cotinty Attorney, and the Board ot county commissioners, wherein certa:\n ,,'
routine processes require streamlining and abbreviation wherever Pos&ibi..
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUl,ry COMMISSIONERS
COLLIER COUNTY, FLORIDA, that the Board of County Commissioners of
Collier county, Florida, recognizes the importance of completing the
capital improvement projects at the earliest possible timer andy'
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further, the Board recognizes the relationship of the project schedule'to
f ,~.,meeting the concurrency requirements of Collier county's compreh~n.iv. ,.,
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11.'" Plan.
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;'Collier County, Florida, recognizes the importance of the
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'\ac:quisition tunction and
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, ~ilrid the Board desires to facilitate and expedite the land rights:,
, AND IT IS FURTHER RESOLVED that the Board of County
commissioners"of , '
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land ri9h~.'Wy" .
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its relationship to the overall project
,acquisition process to the extent that it is empowered to do Boby ,la"~""
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AND IT IS FURTHER RESOLVED that the following measures are
reasonably necessary for the efficient and expeditious management and
completion of capital projects:
1. The Board ot County Commissioners, in accordance with the provisions
of Chapter 125.355, Florida statutes, hereby tormally waives the
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1:: requirement tor a formal, independent appraisal report for the purchase ot
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~'. . 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
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I' ($100,000.00). In lieu of the independent appraisal report, statf is
'i'~. hereby authorized to make purchase offers for the properties, the dollar.
1.J;amounts of which shall be predicated on "staff compensation estimates",
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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, basad upon the analyds
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 \11 doouments
necessary for the subject property acquisition, Real Prope~ty Management
Department statf is hereby encouraged to offer immediate delivery to the
respective property owners of the full compensation (as established by the
appraisal or staft compensation estimates in accordance with the
provisions ot Chapter 125.355, Florida statutes), in return tor the
immediate and proper execution of the respective easements and/or deeds,
and such other legal documents and/or affidavits a'3 the County Attorney's
Office deems appropriate in order to protect the interests of the,; County I .
and the Board ot County Commissioners hereby authorizes its Chairman and" .
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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.
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In those instances where negotiated settlements may be obtained via
"Seller's Affidavit", "Purchase Agreement" or "Easement Agreement"
mechanism, the Public Works Administrator, or his designee, is hereby
delegated the authority to approve the purchase ot land interests above
compensation estimate or appraised value and pay normally
costs when it is in the best interest ot the project, within the
ot the land rights acquisition budget for the parcel being
'1'acquired, only when the ditterence between the purchase price and the
: : staff compensation estimate or appraised value is less than Fifteen
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~~ Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits
, . 1, established by the Collier County Purchasing Department; provided, Project
~, funding is available. This settlement approval authority is deleqated by
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!S~,the Board of County Commissioners to the extent that such approvals do not
,,\conUict 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 Agroements and Easement Agreements where
the land owner has agreed to sell the required land rights to the Cou~ty
;hat their appraised value or at that amount considered the "Administrati~ve
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; ".' Settlement Amount" as such term is internally used by the IdministratlV.
agencies ot Collier County.
6. Where the property owner agrees, by sworn affidavit or 3greement
("Seller's Affidavit", "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 the County Attorney, or hi~
designee, the authority to execute a closing statement on behalt of the
Board, the Finance
Department to issue warrants payable to the property'"
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(<lWJ1er(s) ot record in those amounts as shall be speciUed on a
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~~e~tement and which shall be based upon the appraisal or statt
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..;:;'compensation estimate in accordance with the provisions of Chapter,
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;.c 125.355, Florida Statutes.
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All title to properties which have been obtained in the manner
'. ',",described above shall be deemed "accepted" by the Board of County
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. , Commissioners, as the governing body of Collier County, Florida, a'
tpolitical subdivision of the state of Florida, and as such, staff is
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~1hereby authorized to record it in the public records of Collier County,
'. Florida, said deeds and such other instruments as may be required to
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remove the lien ot any encumbrance trom the acquired property.
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';:THIS RESOLUTION AIlOPTED this 1..!:: day of I 1996 after motion,
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,:',8ecbnd and majority vote.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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and
'!\l\:He . Ashton
;r:Ass,istant County Attorney
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