HomeMy WebLinkAboutResolution 2024-35 C-PACE ProgramRESOLUTION NO.2024-35
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
AUTHORIZING A COMMERCIAL PROPERTY ASSESSED CLEAN
ENERGY (C-PACE) PROGRAM WITHIN THE CORPORATE LIMITS OF
THE CITY; APPROVING AN AGREEMENT WITH THE FLORIDA
RESILIENCY AND ENERGY DISTRICT; UTILIZING VOLUNTARY
NON -AD VALOREM ASSESSMENTS TO FINANCE QUALIFING
IMPROVEMENTS; AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR
IMPLEMENTING ADMINISTRATIVE ACTIONS, SCRIVENER'S
ERRORS, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, pursuant to the Florida PACE Act, codified in Section 163.08 through
Section 163.087, Florida Statutes (the "PACE Act"), commercial property owners may voluntarily
finance improvements to real property related to waste systems, resiliency, flood and water damage
mitigation, energy conservation and efficiency, renewable energy and water conservation
efficiency improvements ("Qualifying Improvements") and repay such financing through
voluntary special assessments, sometimes referred to as non -ad valorem assessments ("Special
Assessments"); and
WHEREAS, the Florida Resiliency and Energy District ("District") is a separate legal
entity and unit of local government within the State of Florida which was established by interlocal
agreement for the express purpose of providing a platform to facilitate the financing of Qualifying
Improvements throughout Florida; and
WHEREAS, the upfront costs of Qualifying Improvements impede installation and
existing financing options may be insufficient for commercial property owners to access cost-
effective financing for Qualifying Improvements due to requirements associated with traditional
debt or equity financing options; and
WHEREAS, the District has created a financing, levy and collection process to implement
its C-PACE program to assist commercial property owners who desire to improve their real
property with Qualifying Improvements; and
WHEREAS, pursuant to the PACE Act, the District may only offer its C-PACE program
for commercial properties located within the jurisdiction of the City if the City has authorized the
District to do so; and
WHEREAS, the City Commission deems it to be in the best interest of its residents to
authorize the District's C-PACE program and to facilitate the financing of Qualifying
Improvements to commercial properties located within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN/VILLAGE/CITY
COUNCIL/COMMISSION, AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The City Commission
hereby adopts and incorporates into this Resolution the City staff report and agenda memorandum
relating to this Resolution. The forgoing recitals are incorporated in this Resolution as if fully set
Forth herein and are approved and adopted. The City Commission has complied with all
requirements and procedures of Florida law in processing and noticing this Resolution.
SECTION 2. PERMITTING OF PACE PROGRAM. The City Commission hereby
authorizes the District to offer its C-PACE program in accordance with the PACE Act, to eligible
commercial property owners within the boundaries of the City.
SECTION 3. APPROVAL OF AGREEMENTS; AUTHORIZATION TO
EXECUTE. The City Commission approves the Agreement attached hereto and incorporated
herein as Exhibit "A" and authorizes the Mayor to execute the Agreement.
SECTION 4. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City
Manager is hereby authorized and directed to take such actions as he may deem necessary and
appropriate in order to implement the provisions of this Resolution. The City Manager may, as
deemed appropriate, necessary and convenient, delegate the powers of implementation as herein
set forth to such employees as deemed effectual and prudent.
SECTION 5. SCRIVENER'S ERRORS. Typographical errors and other matters of a
similar nature that do not affect the intent of this Resolution, as determined by the City Cleric and
City Attorney, may be corrected.
SECTION 6. CONFLICTS. All Resolutions or parts of Resolutions in conflict
with any of the provisions of this Resolution are hereby repealed.
SECTION 7. SEVERABILITY. If any Section or portion of a Section of this
Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or
impair the validity, force, or effect of any other Section or part of this Resolution.
SECTION 8. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its passage and adoption.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on this _day of , 2024.
Resolution No. 2024-35
City of Winter Springs
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Kevin McCann, Mayor
ATTEST:
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City ofAVinter Springs only:
Anthony A. Garganese, City Attorney
Resolution No. 2024-35
City of Winter Springs
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