HomeMy WebLinkAbout2012-059RESOLUTION NO. 2012 -_fig
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2012-057, TO
DELEGATE AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS
DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS
NECESSARY DURING THE PERIOD COMMENCING AUGUST 22, 2012,
THROUGH AND INCLUDING SEPTEMBER 10, 2012, AND FURTHER
DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE
AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER
FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST
22, 2012, THROUGH AND INCLUDING SEPTEMBER 10, 2012.
WHEREAS, at the November 1, 2011 Board of County Commissioners meeting, the Board
canceled regularly scheduled Board meetings during the period commencing August 22, 2012,
through and including September 10, 2012;
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 as well as compliance and
restoration of sand mines, 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 or his designee; and
WHEREAS, pursuant to Resolution No. 2011-103 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 acting as 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)(x)(5)(2009); 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. 2011-103 remains in
full force and effect.
RESOLUTION NO, 2012- 059
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is 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 22, 2012,
through and including September 10, 2012. Any resolutions executed by the County Administrator
or his designee, to call letters of credit during the period commencing August 22, 2012, through and
including September 10, 2012, are to be accompanied by a copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
August 22, 2012, through and including September 10, 2012, provided that all such documents
signed during such interval are brought to the Board of County Commissioners for ratification.
3. The Effective Date of this Resolution is August 22, 2012, and this Resolution shall expire
without further action of this Board at the close of business on September 10, 2012.
This Resolution was moved for adoption by Commissioner Fi PGS-nPr ,and the
motion was seconded by Commissioner Davis and, upon being put to a vote, the vote
was as follows:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Ave
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
The Chairman thereupon declared this Resolution duly passed and adopted this � day of
Sulk , 2012. •..••..,..
BOARD OF COUNTY COMMISSIONF;�MMISSiGq,�
INDIAN RIVER COUNTY, FLORIDN���'_�
J.R. SMITH
Attest: �-4'=►�K CIRCUIT ��
Deputy Clerk
APPROVED AS TO FORM
AND LE43AL S_ ENCY
8Y
ALAUs, POLACKWICH
COUNTYATTORNEY
By �
Gay. Chair art