11 - Expansion of Property Assessed Clean Energy Program

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CITY OF PARIS CITY COUNCIL RESOLUTION ESTABLISHING THE CITY OF PARIS PACE PROGRAM STATE OF TEXAS CITY OF PARIS WHEREAS, the 83' Regular Session of the Texas Legislature enacted the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the "PACE Act"), which allows the governing body of a local government, including a City or County, to designate an area of the territory of the local government as a region within which an authorized representative of a local government and the record owners of commercial, industrial, and large multifamily residential (5 or more dwelling units) real property may enter into written contracts to impose assessments on the property to repay the financing by the owners of permanent improvements fixed to the property intended to decrease energy or water consumption or demand; WHEREAS, the installation or modification by property owners of qualified energy or water saving improvements to commercial, industrial, and large multifamily residential real property in the City of Paris will further the goals of energy and water conservation without cost to the public; WHEREAS, the City Council finds that third -party financing of energy and water conserving projects through contractual assessments maintained by the City ("PACE financing") furthers essential government purposes, including but not limited to, economic development, reducing energy consumption and costs, conserving water resources, and reducing greenhouse gas emissions; WHEREAS, the City Council adopted a Resolution of Intent to establish a PACE. program for City on July 26, 2021, including a reference to the report on the proposed program prepared as required by Section 399.009 of the PACE Act and made the report available to the public on the City's website and for inspection in the City Manager's office; WHEREAS, The City Council finds that the administration of the PACE program by a qualified non-profit organization as an independent third -party Authorized Representative contracted by the City and compensated by application and administration fees paid by the participating property owners, will enable the program to be administered without use of City resources, will assure the objectives of impartiality and confidentiality of owner information, and will be convenient and advantageous to the City and WHEREAS, the City Council also finds that because no City funds will be expended for PACE financing of the Authorized Representative's services, the selection of such an independent third -party Authorized Representative is not subject to the Professional Services Procurement Act or other City purchasing requirements; and WHEREAS, the City Council held a public hearing on August 9 at 5:30 p.m. in the City Council Chamber, 107 E. Kaufman, Paris, Texas, at which the public could comment on the proposed program, including the report available for public inspection as mentioned above and as required by Section 399.008(a)(2): NOW THEREFORE, be it resolved by the City Council of the City of Paris that: 1. Recitals,., The recitals to this Resolution are true and correct and are incorporated into this resolution for all purposes.