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HomeMy WebLinkAbout2008-097RESOLUTION NO, 2008- 097 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 FROM AUGUST 20, 2008, THROUGH AND INCLUDING SEPTEMBER 8, 2008, 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 FROM AUGUST 20, 2008, THROUGH AND INCLUDING SEPTEMBER 8, 2008. WHEREAS, at the December 4, 2007 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 20, 20082 through and including September 8, 2008; 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. 2007-157 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)(2005); 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. 2007-157 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 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 1 RESOLUTION NO, 2008- C97 commencing August 20, 2008, through and including September 8, 2008. Any resolutions executed by the County Administrator or the Assistant County Administrator to call letters of credit during the period commencing August 20, 2008, through and including September 8, 2008, 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 20, 2008, through and including September 81 2008, 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 9, 2008. 3, The Effective Date of this Resolution is August 20, 2008, and this Resolution shall expire without further action of this Board at the close of business on September 8, 2008, This Resolution was moved for adoption by Commissioner Wesley S. Davis , and the motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Aye Vice Chairman Wesley S. Davis Aye Commissioner Gary C. Wheeler Commissioner Joseph E. Flescher Nye Commissioner Peter D. O'Bryan44 " The Chairman thereupon declared this July, 2008. Attest: J. K. as to , Clerk Clerk egal sufficiency: Marian E. FeW6Z Senior Assistant County Attorney 2 Resolution duly passodi `and adopted:, this IV V%!%td�ay of `. i BOARD OF COUNTY:COMMkSStONER INDIAN RIVER COUN , F 'ORIDA , ` Y' By in -Mt d& Bowd6nt