HomeMy WebLinkAbout2010-054RESOLUTION NO. 2010- 054
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 18, 2010, THROUGH AND
INCLUDING SEPTEMBER 6, 2010, 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 18, 2010, THROUGH AND
INCLUDING SEPTEMBER 6, 2010.
WHEREAS, at the December 1, 2009 Board of County Commissioners meeting, the Board
canceled regularly scheduled Board meetings during the period commencing August 18, 2010,
through and including September 6, 2010;
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. 2009-171 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)(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. 2009-171 remains in full force and
effect.
RESOLUTION NO. 2010- 054
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
commencing August 18, 2010, through and including September 6, 2010. Any resolutions executed
by the County Administrator or the Assistant County Administrator to call letters of credit during the
period commencing August 18, 2010, through and including September 6, 2010, 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 18, 2010, through and including September
6, 2010, 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 18, 2010, and this Resolution shall expire
without further action of this Board at the close of business on September 6, 2010.
This Resolution was moved for adoption by Commissioner Davi s , and the
motion was seconded by Commissioner F1 escher , and, upon being put to a vote, the vote
was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Gary C. Wheeler
Aye
Aye
Aye
Ay e
Ay e
The Chairman thereupon declared this Resolution duly passed and adopted this 22 day of
June, 2010.
Attest: J.
Br
arton, Cler
Deputy CI rk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
ALAN S. POLACKWICH
COUNTY ATTORNEY
2
BOARD OF COUNTY COMMISSIONERS
INDINRIVER COUN1Y, FLORIDA COMA4
•
Peter D. O'Bryan, C