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HomeMy WebLinkAbout2024-030RESOLUTION NO. 2024- 030 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 11, 2024, THROUGH AND INCLUDING AUGUST 19, 2024, 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 11, 2024, through and including August 19, 2024; 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(1) 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. 2024- 030 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 11, 2024, through and including August 19, 2024. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 11, 2024, through and including August 19, 2024, 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 11, 2024, through and including August 19, 2024, provided that all such documents signed during such interval are brought to the Board for ratification. 3. The Effective Date of this Resolution is July 2, 2024, and this Resolution shall expire without further action of this Board at the close of business on August 19, 2024. This 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: 2024. Susan Adams, Chairman AYE Joseph E. Flescher, Vice Chairman AYE Joseph E. Earman, Commissioner AYE Deryl Loar, Commissioner AYE Laura Moss, Commissioner AYE The Chairman thereupon declared this Resolution duly passed and INDIAN RIVER CO BQARD,OF COUNT ATTEST: Ryan L. Butler, Clerk of Court By: and Comptroller / By:\,� ( /t Deputy Clerk Appr v d orm tgal By William K. DeBr 1, CoMy Attorney Ily COAD _. Ittfii day DA r OU17TY,