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HomeMy WebLinkAbout2022-102RESOLUTION NO. 2022- 102 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO CALL LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING DECEMBER 21, 2022, THROUGH AND INCLUDING JANUARY 16, 2023, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING DECEMBER 21, 2022, THROUGH AND INCLUDING JANUARY 16, 2023. WHEREAS, there are no regularly scheduled Indian River County Board of County Commissioner ("Board") meetings during the period commencing December 21, 2022, through and including January 16, 2023; WHEREAS, Section 101.05.1.q of the Indian River County Code of Ordinances allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board; 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 declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, the Indian River County Code of Ordinances, and Indian River County resolutions, to the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2022-94 and section 101.10(l) of the Indian River County Code of Ordinances, the Board 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. 2022-94 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2022-93, the Board 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 F:\Attorney\Linda\GENERAL\Resolutions & Ordinances\Resolutions\2022RESO delegating auth admin no meetings Dec 22.doc RESOLUTION NO. 2022- 102 declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2022-93 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 Indian River County Board of County Commissioners ("Board") to call letters of credit which might expire or otherwise require action to be taken during the period commencing December 21, 2022, through and including January 16, 2023. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing December 21, 2022, through and including January 16, 2023, 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 for the proper functioning of the County, which may arise during the period commencing December 21, 2022, through and including January 16, 2023, provided that all such documents signed during such interval are brought to the Board for ratification. 3. The Effective Date of this Resolution is December 20, 2022, and this Resolution shall expire without further action of this Board at the close of business on January 16, 2023. This Resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Earman , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman AYE Vice Chairman Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Deryl Loar AYE Commissioner Laura Moss AYE The Chairman thereupon declared this Resolution duly passed and adopted this 201 day of December. 2022. Attest: Jeffrey R. Smith, Clerk of Court Zy_",IZ p ller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSION (!F.,!M1ss- o -. IND ER COUNTY, FLORID• By ph H. garhiafi, Chairmen JQ? ''R��'ER COUNT:•• ........