HomeMy WebLinkAbout2023-026RESOLUTION NO. 2023- 026
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 JULY 12,
2023, THROUGH AND INCLUDING AUGUST 14, 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 SUCH PERIOD.
WHEREAS, there are no regularly scheduled Indian River County Board of County
Commissioner ("Board") meetings during the period commencing July 12, 2023, through and including
August 14, 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
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.
RESOLUTION NO. 2023- 0 2 6
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 July 12,
2023, through and including August 14, 2023. Any resolutions executed by the County Administrator
or his designee, to call letters of credit during the period commencing July 12, 2023, through and
including August 14, 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 July 12, 2023,
through and including August 14, 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 June 20, 2023, and this Resolution shall expire without
further action of this Board at the close of business on August 14, 2023.
This Resolution was moved for adoption by Commissioner F 1 e s ch e r , and the motion
was seconded by Commissioner Adams , 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 20'' day of June,
2023.
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
By 0006G0
Deputy Clerk
Approved as to form and
legal sufficient
By
13��an Reingold, County Attorney
INDIAN RIVER COUNTY, FLO
BOARD OF COUNTY COMMI
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