HomeMy WebLinkAbout2015-080RESOLUTION NO. 2015 --QM
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
AUGUST 19, 2015, THROUGH AND INCLUDING SEPTEMBER 14, 2015, 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 AUGUST 19, 2015, THROUGH AND INCLUDING SEPTEMBER 14,
2015.
WHEREAS, at the November 4, 2014 Board of County Commissioners meeting, the Board
canceled regularly scheduled Board meetings during the period commencing August 19, 2015,
through and including September 14, 2015;
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. 2014-106 and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners previously 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); 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 (1) and
(3) 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. 2014-106 remains in full force and
effect; and
WHEREAS, pursuant to Resolution No. 2014-105, the Board of County Commissioners
previously 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
RESOLUTION NO. 2015- 080
of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2014-
105 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 August 19, 2015,
through and including September 14, 2015. Any resolutions executed by the County Administrator
or his designee, to call letters of credit during the period commencing August 19, 2015, through and
including September 14, 2015, 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
August 19, 2015, through and including September 14, 2015, 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 August 19, 2015, and this Resolution shall expire
without further action of this Board at the close of business on September 14, 2015.
This Resolution was moved for adoption by Commissioner Flescher , and the
motion was seconded by Commissioner 0' Bryan , and, upon being put to a vote, the vote
was as follows:
Chairman Wesley S. Davis
Ave
Vice Chairman Bob Solari
Ave
Commissioner Joseph E. Flescher
Aye
Commissioner Tim Zorc
Aye
Commissioner Peter D. O'Bryan
Aye
The Chairman thereupon declared this Resolution duly passed and adopted this 14th day of
July, 2015.
Attest: Jeffrey R. S 6*, Clerk of C
and Co ler
By
eputy CWrk
Approved as to form and
legal sufficiency
By
ylan Reingold, County Attorney
2
BOARD OF COUNTY COMMISSIONERS
INDIA IVER COUNTY, FLORIDA
Wesley S. Davis, Chairman