2021-021 - Resolution of Intent to Establish a PACE ProgramRESOLUTION N0. 2021-021
CITY OF PARIS CITY COUNCIL
RESOLUTION OF INTENT
TO ESTABLISH A PACE PROGRAM
STATE OF TEXAS §
CITY OF PARIS §
WHEREAS, The 83rd 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 water or energy
consumption or demand; and
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 the9 oals of energy and water conservation without cost to the public; and
WHEREAS, the City Council finds that financing energy and water conserving projects through
contractual assessments ("PACE financing") furthers essential government purposes,, including but not
limited to, economic development!, reducing energy consumption and costs, and conserving water
resources; and
WHEREAS, the City Council, subject to the public hearing scheduled as provided below, at which
the public may comment on the proposed program and the report issued contemporaneously with this
resolution, finds that it is convenient and advantageous to establish a program under the PACE Act and
designate the entire geographic area within the City's jurisdiction as a region within which a designated
City authorized representative and the record owners of qualified real property may enter into PACE
financing arrangements:
THEREFORE, be it resolved by the City Council of the City of Paris that's
1. The Recitals to this Resolution are true and correct and are incorporated into this Order for all
purposes.
2. The City hereby adopts this Resolution of Intent and finds that financing qualified projects through
contractual assessments pursuant to the PACE Act is a valid public purpose.
3. The City intends to make contractual assessments to repay PACE financing for qualified energy or
water conserving projects available to owners of commercial, industrial, and large multifamily
residential real property. The program is to be called The City of Paris Property Assessed Clean
Energy Program ("Paris PACE").
4. The following types of projects are qualified projects for PACE financing that may be subject to
such contractual assessments: Projects that (a) involve the installation or modification of a
permanent improvement fixed to privately owned commercial, industrial, or residential real
property with five (5) or more dwelling units, and (b) are intended to decrease energy or water
consumption or demand, including a product, device, or interacting group of products or devices
on the customer's side of the meter that uses energy technology to generate electricity, provide
thermal energy, or regulate temperature.
An assessment may not be imposed to repay the financing of facilities for undeveloped lots or lots
undergoing development at the time of the assessment or the purchase or installation of products
or devices not permanently fixed to real property.
5. The boundaries of the entire geographic area within the City's jurisdiction are the boundaries of
the region where PACE financing and assessments can occur
6. Financing for qualified projects under the PACE program will be provided by qualified third -party
lenders chosen by the owners. Such lenders will execute written contracts with the City's authorized
representative to service the assessments, as required by the PACE Act. The contracts will provide
for the lenders to determine the financial ability of owners to fulfill the financial obligations to be
repaid through assessments, advance the funds to owners on such terms as are agreed between the
lenders and the owners for the installation or modification of qualified projects, and service the
debt secured by the assessments, directly or through a servicer, by collecting payments from the
owners pursuant to contracts executed between the lenders and the owners. The lender contracts
will provide that the City will maintain and continue the assessments for the benefit of such lenders
and enforce the assessment lien for the benefit of a lender in the event of a default by an owner.
The City of Paris will not, at this time, provide financing of any sort for the PACEroaram,p
7. The City will contract with Texas PACE Authority, a qualified non-profit organization to be the
independent third -party Authorized Representative.
8. The City will consult with the County Tax Assessor/Collector for Lamar County.
9. The report on the proposed PACE program prepared as provided by Tex. Local Gov't Code Sec.
399.009, is available for public inspection on the City's Internet website and in the office of the
City Manager at 135 SE Ist Street, Paris, Texas and is incorporated in this resolution and made a
part hereof for all purposes.
10. The City Council will hold a public hearing on the proposed PACE program and report on August
9 at 5:30 p.m. in the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Adopted this 26th day of July, 2021.
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