A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, CREATING A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND JOINING THE CLEAN ENERGY GREEN CORRIDOR PROGRAM IN ACCORDANCE WITH SECTION 163.08, FLORIDA STATUTES; ADOPTING A NON-EXCLUSIVE INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163.01, FLORIDA STATUTES RELATING TO THE CLEAN ENERGY GREEN CORRIDOR PROGRAM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE; DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2010, the Florida Legislature adopted HB 7179 (Section 163.08, F.S.)(the Bill ), which allows local governments to create Property Assessed Clean Energy (PACE) programs in order to provide the upfront financing for energy conservation and efficiency (i.e. energy-efficient heating, cooling, or ventilation systems), renewable energy (i.e. solar panels), wind resistance (i.e. impact resistant windows) and other improvements that are not inconsistent with state law (the Qualifying Improvements ); and, WHEREAS, PACE programs not only assist residents and business owners in reducing their carbon footprint and energy costs, but also stimulate the local economy by the creation of needed construction jobs; and, WHEREAS, the Bill authorizes local governments that create PACE programs to enter into a partnership in order to provide more affordable financing for the installation of the Qualifying Improvements; and, {00109969.1 1956-7601851 } Page 1 of 5
WHEREAS, given the wide spread energy and economic benefits of PACE programs, the Commission desires to join the Clean Energy Green Corridor PACE District in order to provide the upfront financing to property owners for Qualifying Improvements and to enter into an Inter-local Agreement with the District for the purpose of financing such improvements; and WHEREAS, the City Commission of the City of Pembroke Pines, Florida deems it to be in the best interest of the citizens and residents of the City of Pembroke Pines to authorize the appropriate City officials to accept, and execute an agreement to participate in the Clean Energy Corridor Program, in an effort to provide an alternative, supplemental, and non-exclusive means to achieve, inter alia, immediate and careful local economic development, commerce and job creation, as well compelling State interests and public purposes described in the Bill. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. All exhibits referenced herein and attached hereto are hereby incorporated herein. Section 2. The Non-Exclusive Interlocal Agreement ("Agreement"), a copy of which is attached hereto as Exhibit "A," and incorporated herein, is hereby approved pursuant to Section 163.01, Florida Statutes between the City and the Clean Energy Green Corridor District. The City Manager is hereby authorized and directed to execute {00109969.1 1956-7601851 } Page 2 of 5
the Agreement on behalf of the City. The City Manager or the City Manager's designee, City Attorney, City staff, officials and agents are hereby authorized and directed to take 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 Subscription Agreement. Section 3. 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. 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. Section 5. This Resolution shall become effective immediately upon its passage and adoption. (REMAINDER INTENTIONALLY LEFT BLANK) {00109969.1 1956-7601851 } Page 3 of 5
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, THIS DAY OF, 2016. ATTEST: CITY OF PEMBROKE PINES, FLORIDA By: MAYOR FRANK C. ORTIS MARLENE GRAHAM, CITY CLERK ORTIS CASTILLO SCHWARTZ APPROVED AS TO FORM: SHECHTER SIPLE OFFICE OF THE CITY ATTORNEY {00109969.1 1956-7601851 } Page 4 of 5
Resolution authorizing execution of Non-exclusive Interlocal Agreement EXHIBIT A NON-EXCLUSIVE INTER-LOCAL AGREEMENT {00109969.1 1956-7601851 } Page 5 of 5