R24-276 RESOLUTION NO. R24-276
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE FLORIDA GREEN FINANCE
5 AUTHORITY ACKNOWLEDGEMENT AND AGREEMENT FORM TO
6 CONFIRM RECEIPT OF THE PROPERTY ASSESSED CLEAN ENERGY
7 PROGRAM NOTICE OF COMPLIANCE AND ADDENDUM TO THE
8 SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT; AND
9 FOR ALL OTHER PURPOSES.
10
11 WHEREAS, the City of Boynton Beach and the Florida Green Finance Authority
12 ("Authority") entered into an Interlocal Agreement dated October 17, 2016, approved by
13 Resolution No. R16-132 allowed the Authority to operate the Property Assessed Clean Energy
14 ("PACE") Program within the City. The program also operates under Ordinance No. 16-017, which
15 creates minimum standards for establishing PACE programs within the City; and
16 WHEREAS, on September 19, 2024, the City of Boynton Beach was notified by the
17 Authority of legislative changes to the PACE Act under Senate Bill 770, codified in Chapter 2024-
18 273, effective July 1, 2024. Since the Agreement was entered into before July 1, 2024, the
19 Agreement shall continue without additional action; however, the Authority is required to provide
20 a Notice of Compliance and Addendum to the Second Amended and Restated Interlocal
21 Agreement forming the Florida Green Finance Authority on July 1, 2024. To continue operating
22 the PACE Program within the City, the Authority requires that the City sign and execute the
23 Acknowledgement and Agreement form; and
24 WHEREAS, signing the document will confirm that the City agrees that the Florida Green
25 Finance Authority complies with the agreement provisions and the requirements of Senate Bill
26 770, allowing the PACE Program to continue operations within the City pursuant to sections
27 163.08 and 163.081-07, Florida Statutes, without any further action. PACE provides financing
28 opportunities for homeowners to implement energy-efficient and hurricane-resistant home
29 improvements to improve safety, value, and energy efficiency with flexible payment options. This
30 program is essential to helping build the community's sustainability and resilience to extreme
31 weather events; and
32 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
33 best interests of the city's citizens and residents to approve the Florida Green Finance Authority
34 Acknowledgement and Agreement form to confirm receipt of the Property Assessed Clean Energy
35 Program Notice of Compliance and Addendum to the Second Amended and Restated Interlocal
36 Agreement.
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
39 BEACH, FLORIDA, THAT:
40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
41 being true and correct and are hereby made a specific part of this Resolution upon adoption.
42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
43 approve the Florida Green Finance Authority Acknowledgement and Agreement to confirm
44 receipt of the Property Assessed Clean Energy Program Notice of Compliance and Addendum to
45 the Second Amended and Restated Interlocal Agreement in form and substance similar to that
46 attached as "Exhibit A."
47 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
48 authorizes the Mayor to execute the Acknowledgement and Agreement. The Mayor is further
49 authorized to execute any ancillary documents necessary to accomplish this Resolution's purpose.
50 SECTION 4. The City Clerk shall retain the fully executed Acknowledgement and
51 Agreement as a public record of the City. A copy of the fully executed Acknowledgement and
52 Agreement shall be provided to Alannah Irwin to forward to the Authority.
53 SECTION 5. This Resolution shall take effect in accordance with law.
54
55
56
57 [signatures on the following page]
58
59 PASSED AND ADOPTED this /9 day of 1U(JY'ember 2024.
60 CITY OF BOYNTON BEACH, FLORIDA
61 YES NO
62 Mayor-Ty Penserga �/
63
64 Vice Mayor-Aimee Kelley
65
66 Commissioner-Angela Cruz
67
68 Commissioner-Woodrow L. Hay
69 t/
70 Commissioner-Thomas Turkin
71 cc
72 VOTE
73 A T:
74
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FLO9" City Attorney
FLORIDA
OA GREEN
Finance Authority
Acknowledgement and Agreement
Dear Florida Green Finance Authority,
This Acknowledgement and Agreement is to confirm that the City of Boynton Beach is in receipt
of your correspondence dated September 19, 2024 regarding Senate Bill 770, codified at Chapter
2024-273, Laws of Florida, and effective July 1, 2024.
We hereby confirm our agreement that the Florida Green Finance Authority is in compliance with
what the agreement provides and the requirements of Senate Bill 770 and can continue to operate
its PACE program within the City pursuant to Sections 163.08 and 163.081-087, Florida Statutes
(Florida's amended PACE Act) without any further action.
Signature: 7---- Date: $7702H-
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