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2015-72 Florida Green Energy Works ProgramRESOLUTION 2015 -72 t ! A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING THE "FLORIDA GREEN ENERGY WORKS PROGRAM" WITHIN THE VILLAGE TO AFFORD INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY, RENEWABLE ENERGY AND WIND RESISTANCE IMPROVEMENTS ON THEIR PROPERTIES BY REPAYMENT THROUGH NON -AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR THE ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, home and business energy consumption accounts for a large portion of the overall usage of energy in any community; and WHEREAS, there are numerous existing structures within the Village with many years of life before replacement that are not energy efficient by current standards, do not have renewable energy systems installed to provide some or all of their electric energy needs and 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 properties within the Village 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 payment of non -ad valorem assessments; 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 though non -ad valorem assessments and only those property owners who request to participate will be levied the assessments; and Page 1 of 2 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, Florida Statutes, authorizes local governments in Florida to form, either 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, the Town of Lantana has formed the Florida Green Energy Works program which is an energy financing program created pursuant to Section 163.08, Florida Statutes; 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, enhanced property values, economic development and job opportunities and the Village Council 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 execution of the Interlocal Agreement creating the Florida Green Finance Authority and create the Florida Green Energy Works program within the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The above declarations are true and accurate, and are incorporated herein. Section 2. The Village Council hereby authorizes participation in the Florida Green Finance Authority to implement the Florida Green Energy Works program. Section 3. The Village Council approves an Interlocal Agreement with the Florida Green Finance Authority, as evidenced by the Party Membership Agreement attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 22ND DAY OF (Village Seal) ATTEST: VILLAGE CLERK Page 2 of 2 Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental 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, as first amended on August 11, 2014, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy and water conservation and efficiency, renewable energy and wind - resistance improvements, and to provide additional services consistent with law; and WHEREAS, the Village of North Palm Beach desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for properties located within the Village of North Palm Beach. 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 and as amended on August 11, 2014 (the "Interlocal Agreement "), for the purpose of facilitating the financing of qualifying improvements for properties located within the Authority's jurisdiction 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, to include the Village of North Palm Beach. 2. The Florida Green Finance Authority, together with its member Parties, and the Village of North Palm Beach, with the intent to be bound thereto, hereby agree that the Village of North Palm Beach 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 Village of North Palm Beach, as the same may be more specifically designated by the Village of North Palm Beach or amended from time to time. 4. The Village of North Palm Beach designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: Village of North Palm Beach: James P. Kelly, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 With a copy to Village Attorney: Leonard G. Rubin, Esquire 701 Northpoint Parkway, Suite 209 West Palm Beach, FL 33407 1 5. This Party Membership Agreement shall be filed by the Authority with the Clerk of the Court in the Public Records of Palm Beach County and recorded in the public records of the Village of North Palm Beach as an 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: 'n By: JA j ecretary of the Authority Approved by Authority Attorney as to form and legal sufficiency ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By: L-T �. Chair of the Authority Authority Attorney VILLAGE OF NORTH PALM BEACH, a Florida municiq-a�corporation B CL B Y• Y• Melissa Teal, Village Clerk Robert Gebbia, 22nd day of October, 2015. Approved as to form and legal suf ency: (Village Seal) By: Leonard G. Rubin, Village Attorney 2