HomeMy WebLinkAbout2021-086RESOLUTION NO. 2021- 086
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING DECEMBER 15, 2021, THROUGH
AND INCLUDING JANUARY 10, 2022, 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
DECEMBER 15, 2021, THROUGH AND INCLUDING JANUARY 10, 2022.
WHEREAS, there are no regularly scheduled Board meetings during the period commencing
December 15, 2021, through and including January 10, 2022;
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 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 each
of the County Administrator or his designee; and
WHEREAS, pursuant to Resolution No. 2021-79 and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the 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)(a)(5)(2021); 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 (2) and (4)
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. 2021-79 remains in full force and effect; and
WHEREAS, pursuant to Resolution No. 2021-80, the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board 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
F:\Attorney\Linda\GENERAL\Resolutions & Ordinances\Resolutions\2021 RESO delegating auth admin no meetings Dec 21.doc
RESOLUTION NO. 2021- 086
emergency affecting Indian River County, and such delegation in Resolution No. 2021-086 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, 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 December 15, 2021, through and
including January 10, 2022. Any resolutions executed by the County Administrator or his designee,
to call letters of credit during the period commencing December 15, 2021, through and including
January 10, 2022, 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
December 15, 2021, through and including January 10, 2022, 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 December 14, 2021, and this Resolution shall expire
without further action of this Board at the close of business on January 10, 2022.
This Resolution was moved for adoption by Commissioner Flescher , and the
motion was seconded by Commissioner Earmsn , 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
The Chairman thereupon declared this Resolution duly passed and adopted this
December, 2021.
BOARD OF COUNTY COP
INDIAN,RIVER COUNTY,
:A
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Clerk
Approved as to form and
legal sufficiency
By,
Dylan Reingold, County Attorney
Peter D. O'Bryan,
a
14th day of