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Item No. 11 <br />TO: Mayor, Mayor Pro -Tem & City Council <br />Grayson Path, City Manager <br />FROM: Stephanie H. Harris, City Attorney <br />SUBJECT: RESOLUTION ESTABLISHING A PROPERTY ASSESSED CLEAN <br />ENERGY (PACE) PROGRAM <br />DATE: August 9, 2021 <br />BACKGROUND: Chapter 399 of the Texas Local Government Code (LGC) codifies the <br />Property Assessed Clean Energy (PACE) Act. PACE financing is an alternative to traditional <br />financing for energy efficiency, water conservation and renewable energy projects for privately - <br />owned commercial and industrial properties. C -PACE makes it possible for commercial, <br />industrial, and certain residential property owners: <br />to obtain low-cost, long-term financing <br />➢ to improve energy efficiency, generate renewable energy, and achieve other vital <br />public benefits <br />➢ to increase the value of their property through improvements to lighting, roofing, <br />HVAC systems, boilers and chillers, insulation, glazed windows, hot water <br />heating systems, renewable energy systems, and more <br />to finance these projects in a way that is cash-flow positive — payback terms of up to 30 <br />years can result in yearly savings from energy improvements greater than annual PACE <br />payments <br />Unlike more traditional means of financing, PACE financing is secured by an assessment on the <br />property that is in turn secured by a senior priority lien on the property that runs with the <br />property and cannot be extinguished by a foreclosure of a mortgage or a property tax lien. The <br />PACE lien is enforced in the same manner in which a property tax lien is enforced, through <br />foreclosure by the local governmental entity. <br />PACE financing is designed to be risk- and cost-free for the local government. <br />