HomeMy WebLinkAbout2009-115RESOLUTION NO. 2009- 115
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 JULY 22, 2009, THROUGH AND INCLUDING AUGUST
17, 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 JULY 22, 2009, THROUGH AND INCLUDING AUGUST 17, 2009.
WHEREAS, at the December 2, 2008 Board of County Commissioners meeting, the Board
canceled regularly scheduled Board meetings during the period commencing July 22, 2009 through
and including August 17, 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:
RESOLUTION NO. 2009-115
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 July 22, 2009, through and including August 17, 2009. Any resolutions executed by the
County Administrator or the Assistant County Administrator to call letters of credit during the period
commencing July 22, 2009, through and including August 17, 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 July 22, 2009, through and including August 17,
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 August 18, 2009.
3. The Effective Date of this Resolution is July 22, 2009, and this Resolution shall expire
without further action of this Board at the close of business on August 17, 2009.
This Resolution was moved for adoption by Commissioner 0' Bryan and the
motion was seconded by Commissioner F1 escher and, upon being put to a vote, the vote
was as follows:
Chairman Wesley S. Davis
AYE
Vice Chairman Joseph E. Flescher
AYE
Commissioner Gary C. Wheeler
AYE
Commissioner Peter D. O'Bryan
AYE
Commissioner Bob Solari
AYE
The Chairman thereupon declared this Resolution duly passed and adopted this 2.15` day of July,
2009.
BOARD OF COUNTY COMMISSIONERS
INDIAY RIVER COUNTY, FLORIDA
We ey S. avis, Chairm" an
Attest: J. K. Barton, Clerk
By—C::;0
Deputy Clerk
Appr e �cljorm and legal sufficiency:
B
M rian E. Fell
Senior Assistant County Attorney