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HomeMy WebLinkAboutR-17-0612City of Miami Legislation Resolution R-17-0612 File Number: 3101 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO JOIN AND PARTICIPATE IN ADDITIONAL PROPERTY ASSESSED CLEAN ENERGY ("PACE") PROGRAMS, INCLUDING THE FLORIDA GREEN FINANCE AUTHORITY, THE FLORIDA RESILIENCY AND ENERGY DISTRICT, AND THE FLORIDA PACE FUNDING AGENCY, INCLUDING NEGOTIATING AND EXECUTING ALL REQUIRED AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, in 2010, the Florida Legislature passed House Bill 7179 (Section 163.08, Florida Statutes), which allows local governments to create Property Assessed Clean Energy ("PACE") programs in order to provide upfront financing for energy conservation and efficiency, renewable energy, wind resistance, and other improvements that are consistent with state law ("Qualifying Improvements"); and WHEREAS, installing such Qualifying Improvements provides progress towards increasing energy conservation and resiliency in the City of Miami ("City") and statewide, assisting residents and business owners in reducing their carbon footprint and energy costs, and stimulating the local economy by creating construction jobs; and WHEREAS, in April 2012, the City Commission adopted Resolution No. 12-0167 that authorized the City to enter into an Interlocal Agreement in order to establish the Green Corridor PACE District in the City, in which Ygrene Energy Fund Florida, LLC is the administrator; and WHEREAS, said Resolution No. 12-0167 limited eligibility for financing of qualifying improvements to non-residential properties; and WHERAS, pursuant to Resolution No. 14-0239, adopted June 26, 2014, the City expanded eligibility for financing of qualifying improvements to single family and duplex residential properties in Commission Districts 2 and 4; and WHEREAS, pursuant to Resolution No. 15-0542, adopted December 10, 2015, the City expanded eligibility for financing of qualifying improvements to properties located within historic districts; and WHEREAS, pursuant to Resolution No. 16-0144, adopted March 24, 2016, the City expanded eligibility for financing of qualifying improvements to commercial and residential properties located within the City and requiring that participants in the PACE Program to certify receipt of the "Addendum Notice of Rights and Responsibilities for Property Owners in the Clean Energy Corridor PACE District"; and WHEREAS, there are additional PACE programs operating in Florida including the Florida Green Finance Authority ("Authority"), the Florida Resiliency and Energy District ("FRED"), and the Florida PACE Funding Agency ("Agency"); and City of Miami Page 1 of 2 File ID: 3101 (Revision:) Printed On: 3/22/2018 File ID: 3101 Enactment Number: R-17-0612 WHEREAS, the Authority, FRED, and the Agency are separate legal entities established by interlocal agreements pursuant to Section 163.01, Florida Statutes, for the express purpose of providing a platform to finance Qualifying Improvements; and WHEREAS, allowing multiple PACE providers to operate additional PACE programs in the City will allow more choices for property owners within the City; and WHEREAS, the City may join PACE programs pursuant to Section 163.01, Florida Statutes, by entering into interlocal agreements and membership agreements with selected programs; and WHEREAS, such agreements with PACE programs would be required to include the same safety and consumer protections that the City property owners enjoy in the Green Corridor PACE District; and WHEREAS, given the widespread energy and economic benefits of the PACE programs, the City Commission desires to join additional PACE programs, including the Authority, FRED, and the Agency, on a non-exclusive basis, in order to provide additional options for property owners for upfront financing of Qualifying Improvements; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized and directed to take any and all actions necessary to join and participate in additional PACE programs, including the Authority, FRED, and the Agency, including negotiating and executing all required agreements, in a form acceptable to the City Attorney. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, iky Httor ey 12l512017 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 3101 (Revision:) Printed on: 3/22/2018