Resolution 2011-110
RESOLUTION NO. 2011--.llD
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO REPEAL AND REPLACE
RESOLUTION 2009-81, APPROVING AND AUTHORIZING THE
ACTIVITIES AS OUTLINED IN THE COLLIER COUNTY
NEIGHBORHOOD STABILIZATION PROGRAM SUBSTANTIAL
AMENDMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE
HOUSING AND ECONOMIC RECOVERY ACT OF 2008, AS AMENDED,
AND THE WALL STREET REFORM AND CONSUMER PROTECTION
ACT OF 2010, ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT; DELEGATING AUTHORITY
TO CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE DOCUMENTS INCIDENT TO THE ACQUISITION OF
FORECLOSED OR ABANDONED PROPERTIES ON BEHALF OF THE
BOARD; AND AUTHORIZING STAFF TO PROCEED WITH ACTIVITIES
REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION AND
REHABILITATION.
WHEREAS, on March 24, 2009, the Board of County Commissioners
approved and accepted a grant from the U.S. Department of Housing and Urban
Development (HUD), and also approved the Administrative Plan developed by
the Department of Housing, Human and Veteran Services for administration of
the grant under the terms and conditions of the Neighborhood Stabilization
Program as authorized by Title III of the Housing and Economic Recovery Act of
2008, as amended; and
WHEREAS, on October 27, 2009, the Board of County Commissioners
approved an amended Administrative Plan in response to substantive revisions
to the rules and regulations of the Neighborhood Stabilization Program; and
WHEREAS, on April 12, 2011, the Board of County Commissioners
approved and accepted an additional appropriation of Neighborhood Stabilization
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Program funding from HUD through the Wall Street Reform and Consumer
Protection Act of 201 0; and
WHEREAS, provisions of the additional appropriation require that 50
percent of grant funds be spent for initial acquisitions of foreclosed or abandoned
residential properties within two (2) years and 100 percent spent within three (3)
years; and
WHEREAS, provisions of the Neighborhood Stabilization Program provide
that funds realized from the subsequent disposition of properties and classified
as program income may be further utilized for eligible activities as described by
the Neighborhood Stabilization Program and HUD until such funds are
exhausted; and
WHEREAS, the expeditious acquisition of property is of paramount
importance to the timely administration and successful implementation of the
Neighborhood Stabilization Program for the benefit of Collier County; and
WHEREAS, accomplishing the property acquisition and rehabilitation
within the HUD imposed timeframes, and ensuring that the maximum possible
number of properties are acquired and rehabilitated within those timeframes,
requires a properly coordinated team effort between the Department of Housing,
Human and Veteran Services, the Real Property Management Section of the
Facilities Management Department, the Office of the County Attorney, and the
Board of County Commissioners, and certain processes require streamlining and
abbreviation wherever possible; and
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WHEREAS, Resolution No. 2009-81 is hereby repealed and replaced with
this Resolution to implement changes made to the Neighborhood Stabilization
Program by HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the acquisition and
rehabilitation of foreclosed or abandoned residential properties under the
provisions of the Neighborhood Stabilization Program is necessary for a public
purpose and is in the best interest of Collier County, and the Board recognizes
the importance of the successful and timely implementation of the Program.
AND BE IT FURTHER RESOLVED that the Board of County
Commissioners of Collier County, Florida, recognizes the importance of the
property acquisition and rehabilitation function and its relationship to the overall
project schedule; and the Board desires to facilitate and expedite the property
acquisition and rehabilitation process to the extent that it is empowered to do so
by law.
AND BE IT FURTHER RESOLVED that the following measures are
reasonably necessary for the timely, efficient, and expeditious implementation
and completion of the Collier County Neighborhood Stabilization Program:
1. The County Manager or his designees are hereby authorized and directed to
identify, evaluate, appraise, and perform all due diligence procedures necessary
for the acquisition and rehabilitation of residential properties, all in accordance
with the provisions of the Neighborhood Stabilization Program and HUD
requirements.
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2. The Chairman of the Board of County Commissioners is hereby authorized to
execute Agreements for Sale and Purchase for the acquisition of foreclosed or
abandoned residential properties at purchase prices in accordance with the
Collier County Neighborhood Stabilization Plan Administrative Plan, based upon
appraised values discounted at least one (1) percent, and as approved by the
County Attorney's Office for the life of the project.
3. Upon approval of the County Attorney's Office of all documents necessary for
property acquisition, the County Manager or his designees are hereby authorized
and directed to proceed to acquire foreclosed or abandoned residential
properties, to follow all appropriate closing procedures, and to record all
necessary documents in the Public Records of Collier County, Florida. The
County Manager or his designee is further authorized to prepare requests for
payment and request the Clerk of the Circuit Court to prepare related Warrants
for payment of purchase prices and other related acquisition costs; 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 by the County Attorney's
Office.
4. The total acquisition cost per residential unit shall not exceed One Hundred
Fiftv Thousand and 00/100 Dollars ($150,000.00) without the express permission
of the Board of County Commissioners, and the total rehabilitation cost per unit
shall not exceed Fifty Thousand and 00/100 Dollars ($50.000.00) without the
express permission of the Board of County Commissioners.
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5. All title to residential properties which have been acquired 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.
6. The Department of Housing, Human and Veteran Services shall provide the
Board of County Commissioners reports in conformance with Collier County
Ordinance No. 2009-63 of all foreclosed or abandoned residential properties
when such properties are being considered for final disposition.
THIS RESOLUTION ADOPTED this 28th day of June, 2011 after motion, second
and majority vote.
ATTEST: ' "
D GtlT E. BROCK, CLERK ( _
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A t!st II to OIl ~ty. Clerk
Jlgn4turt orin ,.,
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By ~W.C~
Fred W. Coyle, Chairman ,
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Approved as to form and
legal sufficiency:
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Jennl er White
Assistant County Attorney
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