Res No. 49-17RESOLUTION NO. 49-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR VOLUNTARY
IMPROVEMENTS TO REAL PROPERTY, AS AUTHORIZED BY THE
LEGISLATURE; RECOGNIZING AN ALTERNATIVE MECHANISM FOR
THE FINANCING OF ENERGY CONSERVATION AND EFFICIENCY
IMPROVEMENTS, RENEWABLE ENERGY IMPROVEMENTS, AND WIND
RESISTANCE IMPROVEMENTS; AUTHORIZING THE EXECUTION OF A
NON-EXCLUSIVE INTERLOCAL AGREEMENT WITH THE FLORIDA PACE
FUNDING AGENCY AND DIRECTING CITY OFFICIALS, OFFICERS,
EMPLOYEES AND AGENTS TO TAKE SUCH ACTIONS AS MAY BE
NECESSARY OR DESIRABLE IN FURTHERANCE OF THE PURPOSES OF
THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.08, Florida Statutes (the "Supplemental Act"), authorizes local
governments to establish and administer financing programs pursuant to which owners of real
property may obtain funding for energy conservation and efficiency, renewable energy and
wind resistance improvements (as referred to therein, the "Qualifying Improvements"), and
repay such funding through voluntary special assessments, sometimes referred to as non -ad
valorem assessments ("Special Assessments"), levied upon the improved private property
evidenced by financing agreements between the owner thereof and the local government (the
"Financing Agreements"); and
WHEREAS, installing Qualifying Improvements on existing structures can reduce the
burdens resulting from fossil fuel energy production, including greenhouse gas reductions; and
WHEREAS, increased energy conservation, and' installing wind resistance
improvements on existing structures can reduce repair and insurance costs, and the burdens
placed on surrounding properties resulting from high wind storms and hurricanes; and
WHEREAS, the Florida PACE Funding Agency (the "Agency"), is a separate legal entity
and distinct unit of local government, and was established by separate interlocal agreement for
the express purpose of providing a scalable and uniform platform to facilitate the funding and
financing of Qualifying Improvements to private property owners throughout Florida (the
"Program'), which amended and restated interlocal agreement was recorded with the Osceola
County Clerk of Court at ORB 5132, Page 2575 on February 20, 2017; and
WHEREAS, the expressed mission of the Agency is to undertake to provide an efficient
and scalable statewide platform in Florida, to assist interested private property owners with the
funding and financing of energy conservation, renewable energy, and wind -resistance
improvements to achieve the public purposes and compelling state interest articulated in
Section 163.08(1), Florida Statutes; and
WHEREAS, the Agency has presented a binding Final Judgment, recorded at ORB
28473, Page 1478 with the Clerk of Courts for Palm Beach County, Florida, in favor of Agency
representations which provides, among other things, that recognizing the Agency's Program
serves interested property owners, advances the local economy, achieves a compelling state
interest, and shall not in any manner obligate the City of Delray Beach (the "City") to pay any
debts, obligations or liabilities arising as result of any actions of the Agency, or its officials or
agents; and, that the Agency has no authority or power to independently obligate the City or
the City's treasury whatsoever; and
WHEREAS, the City recognizes that the Agency's non-exclusive Program presents a
direct and immediate means to non -exclusively implement and advance positive local economic
RES. NO. 49-17 2
activity, job creation, energy efficiency, renewable energy and wind resistant activities without
cost to the City taxpayer; and
WHEREAS, the Agency asks for no money, credit or staff assistance, it must abide by
general law, and welcomes fair competition to serve; accordingly, it is reasonable and in the
interest of the health, safety, and welfare of the City and its inhabitants and taxpayers that the
City recognize and encourage the availability of the Agency's Program in the manner
authorized by law; and
WHEREAS, the City Commission of the City of Delray Beach deems it to be in the
interest of the citizens, residents, and property owners of the City to direct and authorize the
appropriate City officials to execute an interlocal agreement between the Florida PACE Funding
Agency and the City, in a considered effort to provide an alternative, supplemental, and non-
exclusive means to better achieve, inter alia, immediate and local economic development,
commerce and job creation, as well as accomplish the compelling state interest and public
purposes described in the Supplemental Act.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are incorporated in this
Resolution as if fully set forth herein and are approved and adopted.
SECTION 2. APPROVAL OF NON-EXCLUSIVE INTERLOCAL AGREEMENT.
The Non -Exclusive Interlocal Agreement ("Agreement"), a copy of which is attached hereto as
Exhibit "A," and incorporated herein, is hereby approved. The Mayor is hereby authorized and
directed to execute and have this this Agreement recorded on behalf of the City. The City
RES. NO. 49-17 3
Manager or his/her designee, City Attorney, City staff, officials and agents are hereby
authorized and directed to take all such actions and execute and deliver such other documents
as may be necessary or desirable in furtherance of the purposes set forth herein and in the
subject interlocal agreement.
SECTION 3. CONFLICTS. All resolutions or parts of resolutions on in conflict
herewith be, and the same are hereby repealed to the extent of such conflict.
SECTION 4. SEVERABILITY. If any clause, section, other part or application of
this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
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RES. NO. 49-17 4
SECTIvN 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 18th day of July, 2017.
ATTEST:
i
Katerri Johnson, CMC, City Clerk
CITY OF DELRAY BEACH,
By:
Cary Glickstein, Mayor
RES. NO. 49-17
(SEAL)
EXHIBIT A
NON-EXCLUSIVE INTERLOCAL AGREEMENT
RES. NO. 49-17