HomeMy WebLinkAbout2021-080RESOLUTION NO. 2021- 080
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING
LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF
LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY
AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2020-
105; AND PROVIDING AN EFFECTIVE DATE.
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; and
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty of 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; and
WHEREAS, during a declared State of Local Emergency or declared State of Florida
Emergency affecting Indian River County, it is very unlikely that the Board of County
Commissioners would meet; and
WHEREAS, it is necessary to delegate specific 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 of such declared emergency; and
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 during the period of such declared
emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 2020-105 of the Indian River County Board of County Commissioners which
speaks to delegation of authority to execute resolutions calling letters of credit as necessary
during a declared State of Local Emergency or declared State of Florida Emergency
affecting Indian River County is hereby rescinded in its entirety effective December 7, 2021.
2. 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 of a declared State of
Local Emergency or declared State of Florida Emergency affecting Indian River County.
Any resolutions executed by the County Administrator or his designee, to call letters of
credit during any declared State of Local Emergency or State of Florida Emergency
affecting Indian River County are to be accompanied by a copy of this Resolution.
3. The Effective Date of this Resolution is December 7, 2021, and this Resolution shall
continue in effect through calendar year 2022.
RESOLUTION NO. 2021-080
The Resolution was moved for adoption by Commissioner Flescher , and the
motion was seconded by Commissioner Earman and upon being put to a vote, the
vote was as follows:
Chairman Peter D. O'Bryan
AYE
Vice -Chairman Joseph H. Earman
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the Resolution duly passed and adopted this 7th day of
December, 2021 with an effective date of December 7, 2021.
ATTEST: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
By:14 L.Z
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
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Peter D. O'Bryan, Cha an