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HomeMy WebLinkAboutR-13-06RESOLUTION NO. R -13 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING THE CITY'S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE "FLORIDA GREEN ENERGY WORKS PROGRAM" A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON -AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF SEBASTIAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF SEBASTIAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, home and business energy consumption accounts for a large portion of the overall usage of energy in a community; and WHEREAS, there is a vast quantity of existing structures with many years of remaining life before replacement, and these structures are not as energy efficient as today's standards, nor do many existing buildings have renewable energy systems installed to provide some or all of their electric energy needs and many buildings are in need of improvements to protect them against damage from storm events; and WHEREAS, installing energy efficiency, renewable energy and wind resistance improvements on existing structures can provide significant progress towards increased energy conservation and protection of the properties in the City and statewide; and WHEREAS, the upfront costs of these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost - effective financing for energy- saving or wind - resistance property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, the expected life of energy efficiency, renewable energy or wind resistance projects may require a longer term payback period than offered by traditional financing, which may necessitate alternative options to fund installation of the improvements; and WHEREAS, local governments within Florida and nationally have either formed, or are contemplating the formation of, programs to provide alternative financing options allowing a property owner to voluntarily finance energy efficiency and renewable energy improvements through non -ad valorem assessments repaid through their property taxes; and WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and protecting properties from wind damage; and WHEREAS, the financing provided to these participating property owners will be repaid through non -ad- valorem assessments levied on their property tax bills and only those property owners who want to participate will be levied the assessment; and WHEREAS, the benefits of these energy financing programs include improved air quality, lowered fossil fuels use, creating energy independence and security, promoting the creation of jobs and economic development by stimulating "green industries" and saving citizens money by reducing energy consumption; and WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individually, or in partnership with other local governments, programs to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and WHEREAS, other local governments in the State are able to partner in the Florida Green Energy Works program by executing an Interlocal Agreement creating the Florida Green Finance Authority to administer the program, thus eliminating the costs and reducing the efforts to form an energy financing program by individual local governments; and WHEREAS, the Florida Green Finance Authority is already creating the financing, levy and collection process to implement the Florida Green Energy Works program through the local government partners; and WHEREAS, the Florida Green Energy Works program will provide significant benefits including property owner cost savings, enhancing property values, economic development and job opportunities and the City of Sebastian believes that it is in the best interests of the health, safety and welfare of its citizens to participate in the program and authorize the City Manager and City Attorney to finalize the Interlocal Agreement creating the Florida Green Finance Authority and begin the steps to create the Florida Green Energy Works program in the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, THAT: Section 1. The above declarations are true and accurate, and are incorporated herein. Section 2. The City Council of Sebastian, a municipal corporation, hereby authorizes participation in the Florida Green Finance Authority to implement the Florida Green Energy Works program. Section 3. The City Council hereby authorizes the City Manager and City Attorney to finalize an Interlocal Agreement with the Florida Green Finance Authority, and further authorizes the Mayor of Sebastian to execute the Interlocal Agreement on behalf of the City. Section 4. The City Council hereby directs the City Manager and City Attorney to begin creating the levy and collection process for the voluntary non -ad valorem assessments with the Florida Green Finance Authority and Indian River County Property Appraiser and Tax Collector. Section 5. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Council Member Wright The motion was seconded by Council Member Adams and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan aye Vice Mayor Don Wright aye Council Member Andrea Coy aye Council Member Jerome Adams aye Council Member Jim Hill aye The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of April 2013. ATTE � Sally A. Ma' , MMC City Clerk CITY OF SEBASTIAN; LO IDA By: Y� �4 Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney PARTY MEMBERSHIP AGREEMENT TO THE FLORIDA GREEN FINANCE AUTHORITY WHEREAS, Section 163.01, F.S. the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ( "Lantana ") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ( "Mangonia Park ") entered into an Interlocal Agreement, dated June 11, 2012, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, the City of Sebastian desires to become a member of the Florida Green Finance Authority in order to facilitating the financing of qualifying improvements for energy conservation for those located within the City of Sebastian; NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 (the "Interlocal Agreement'), for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency via the levy and collection of voluntary non -ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement. 2. The Florida Green Finance Authority, together with its member parties, and the City of Sebastian, with the intent to be bound thereto, hereby agree that the City of Sebastian shall become a party to the Interlocal Agreement together with all of the rights and obligations of parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of Sebastian. 4. The City of Sebastian hereby agrees to appoint a representative to serve as an Authority Board Director serving an initial term of three (3) years. All parties acknowledge that the remaining Directors will each be appointed by the governing body of the first party from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. 5. The City of Sebastian designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: CITY MANAGER AL MINNER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 With a copy to: CITY ATTORNEY ROBERT A. GINSBURG CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 6. This Party Membership Agreement shall be filed by the Authority with the Cleric of the Circuit Court in the Public Records of Palm Beach County and Indian River County as amendment to the Interlocal Agreement, in accordance with Section 163.01(11), Florida Statutes, IN WITNESS WHEREOF, the parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST By :// Secre ary of the Authority Approved by Authority Attorney As to form and legal sufficiency ATTEST By: t- -e✓ L Sally A. Maio MC City Clerk The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes City of Sebastian a municip I corporation of he Sate of Florida By: AW Bob McPartlan, Mayor Approved as to form and legality for Reliance (City Seal) By the City of Sebastian only: f� Robert A. Ginsburg, City Afrorney