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HomeMy WebLinkAbout2009-116RESOLUTION NO. 2009-116 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR THE ASSISTANT COUNTY ADMINISTRATOR TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 19, 2009, THROUGH AND INCLUDING SEPTEMBER 7, 2009, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR, AND THE EMERGENCY SERVICES DIRECTOR THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 19, 2009, THROUGH AND INCLUDING SEPTEMBER 7, 2009. WHEREAS, at the December 2, 2008 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 19, 2009, through and including September 7, 2009; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of subdivision improvements, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Emergency Services Director; and WHEREAS, pursuant to Resolution No. 2008-173 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to Joseph A. Baird, Indian River County Administrator and Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2008); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2008-173 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1 RESOLUTION NO. 2009-116 16 1. The County Administrator and his designee, the Assistant County Administrator, are hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 19, 2009, through and including September 7, 2009. Any resolutions executed by the County Administrator or the Assistant County Administrator to call letters of credit during the period commencing August 19, 2009, through and including September 7, 2009, are to be accompanied by a copy of this Resolution. 2. The County Administrator, the Assistant County Administrator, and the Emergency Services Director are authorized to execute all documents necessary to the proper functioning of the County; which may arise during the period commencing August 19, 2009, through and including September 71 2009, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification at the Board meeting of September 8, 2009. 3. The Effective Date of this Resolution is August 19, 2009, and this Resolution shall expire without further action of this Board at the close of business on September 7, 2009, This Resolution was moved for adoption by Commissioner 0' Bryan , and the motion was seconded by Commissioner 1= 1 escher, and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari AYL Y� 1 AYL AYE AYL., The Chairman thereupon declared this Resolution duly passt d nn>J adopted this .21St day of July, 2009. , BOARD OF COUNTY COMMISS[Q.1, PS_; INDIAN RIVER COUNTY,,fi ORIDA. B Attest: �yJ.�K. Barton, Clerk Deputy Clerk Ap`pro7jas tform and legaf'SLJfficiency: Marian E. Fell Senior Assistant County Attorney 2 Wesley S. D �bvhai_rmar . `