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2022-102
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Last modified
1/5/2023 11:48:45 AM
Creation date
1/5/2023 11:47:40 AM
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Resolutions
Resolution Number
2022-102
Approved Date
12/20/2022
Agenda Item Number
8.C.
Resolution Type
Delegating Autority
Entity Name
IRC County Administrator or Designee
Subject
To execute resolutions calling letters of credit as necessary during the period commencing
December 21, 2022 through and including January 16, 2023
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RESOLUTION NO. 2022- 102 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE <br />COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO CALL LETTERS OF <br />CREDIT AS NECESSARY DURING THE PERIOD COMMENCING <br />DECEMBER 21, 2022, THROUGH AND INCLUDING JANUARY 16, 2023, <br />AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR <br />HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS <br />NECESSARY FOR THE PROPER FUNCTIONING OF THE COUNTY <br />DURING THE PERIOD COMMENCING DECEMBER 21, 2022, THROUGH <br />AND INCLUDING JANUARY 16, 2023. <br />WHEREAS, there are no regularly scheduled Indian River County Board of County <br />Commissioner ("Board") meetings during the period commencing December 21, 2022, through and <br />including January 16, 2023; <br />WHEREAS, Section 101.05.1.q of the Indian River County Code of Ordinances allows the <br />Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the <br />Board; <br />WHEREAS, various letters of credit are posted with the County to, among other things, <br />guaranty performance or warranty as well as compliance and restoration of sand mines, and many <br />letters of credit have certain call language requiring a resolution of the Board declaring default or <br />failure to post alternate security; <br />WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of <br />the Board to call letters of credit; <br />WHEREAS, it is necessary to delegate additional signing authority, not previously delegated <br />by Florida Statutes, the Indian River County Code of Ordinances, and Indian River County <br />resolutions, to the County Administrator or his designee; and <br />WHEREAS, pursuant to Resolution No. 2022-94 and section 101.10(l) of the Indian River <br />County Code of Ordinances, the Board delegated to the Indian River County Administrator acting as <br />Indian River County Emergency Services District Director, or his designee, the authority: (i) to <br />declare a state of local emergency for Indian River County pursuant to Florida Statutes section <br />252.38(3)(a)(5)(2021); and (ii) pursuant to any duly issued Executive Order concerning Emergency <br />Management issued by the Governor of the State of Florida declaring that a disaster and/or <br />emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) respectively] <br />exists in Indian River County, to issue orders and rules, including, without limitation, the ability to <br />issue Emergency Orders for Indian River County, during the period of the declared emergency, and <br />such delegation in Resolution No. 2022-94 remains in full force and effect; and <br />WHEREAS, pursuant to Resolution No. 2022-93, the Board delegated to the Indian River <br />County Administrator or his designee, the authority to execute resolutions on behalf of the Board to <br />call letters of credit which might expire or otherwise require action to be taken during the period of a <br />F:\Attorney\Linda\GENERAL\Resolutions & Ordinances\Resolutions\2022RESO delegating auth admin no meetings Dec 22.doc <br />
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