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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby <br /> ratified and confirmed as being true and correct and are hereby made a specific part by this <br /> Ordinance upon adoption hereof <br /> Section 2. New Chapter. Chapter 251 of the Code of Ordinances of the City of Sunny Isles <br /> Beach is hereby created and entitled "Property Assessed Clean Energy (PACE) Program". <br /> Within said Chapter 251 is hereby included Article I, "Establishing Property Assessed Clean <br /> Energy (PACE) Program", which shall read as follows: <br /> Chapter 251 <br /> PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM <br /> Article I. Establishing Property Assessed Clean Energy (PACE) Program <br /> § 251-1. Findings of Fact. <br /> (a) Section 163.08, Florida Statutes authorizes local governments defined as a county, a <br /> municipality, a dependent special district as defined in Section 189.012, Florida Statutes <br /> or a separate legal entity created pursuant to Section 163.01(7), Florida Statutes to <br /> establish and administer financing programs pursuant to which owners of real property <br /> may voluntarily obtain funding for Qualifying Improvements and repay such funding <br /> through non-ad valorem assessments, levied upon the improved property pursuant to <br /> financing agreements between the property owner and the PACE Local Government(s). <br /> (b) Several PACE Local Governments have been created and the availability of the <br /> voluntary, non-exclusive PACE Program offered by the separate PACE Local <br /> Governments is subject to an agreement with the local governing body and is without <br /> cost, assumption of liability by, or demand upon the credit of the local governing body. <br /> (c) Section 163.08(3), Florida Statutes authorizes a PACE Local Government to levy non-ad <br /> valorem assessments to fund qualifying improvements within jurisdictions that authorize <br /> the Program. <br /> (d) It is within the best interests of the citizens of the City of Sunny Isles Beach to authorize <br /> a PACE Program through the adoption of an ordinance that sets uniform consumer <br /> protections that apply to all PACE Local Governments who implement and manage <br /> PACE Programs in the City of Sunny Isles Beach. and in those municipalities within the <br /> City of Sunny Isles Beach who choose to opt into the Program. <br /> (e) A PACE Local Government shall be authorized to implement the PACE Program within <br /> the City of Sunny Isles Beach through the execution of an individual interlocal agreement <br /> with the City of Sunny Isles Beach. <br /> Page 2 of 17 <br />