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HomeMy Public PortalAboutRES-CC-2018-31RESOLUTION 31-2018 A Resolution Concerning the Authorization of the Governor's Office of Energy Development (OED) to Conduct the Commercial Property Assessed Clean Energy District (Utah C-PACE District), within Moab as the Governing Body ("Governing Body") RECITALS A. Utah Code Ann. § 11-42a (2017) (the "Statute") establishes the GOVERNOR'S OFFICE OF ENERGY DEVELOPMENT (OED), an independent body corporate and politic of the State of Utah and establishes the Utah C- PACE District and provides for the creation of new energy improvement financing, which the District has named "C-PACE" or Commercial Property Assessed Clean Energy. B. Pursuant to Section 11-42a-106 of the Utah Code, OED may only "establish and administer" the C-PACE District in the Governing Body if the Governing Body authorizes it do so by resolution. C. The Governing Body wishes to authorize OED to administer projects through the C-PACE District in the Governing Body. D. OED and Governing Body have agreed on the terms of the C-PACE Governing Body Participation Agreement in the form attached hereto (the "Participation Agreement"). E.. Reducing energy waste through efficiency and conservation plus the adoption of cleaner technologies like renewable energy and electric vehicles are all keys to mitigating carbon pollution. C-PACE financing was created to better connect property owners, managers and tenants nationally with funding opportunities for onsite energy projects and can help advance energy goals locally in Moab. THEREFORE, THE GOVERNING BODY RESOLVES: The Governor's Office of Energy Development shall be authorized to conduct the C-PACE District in the Governing Body in accordance with the Participation Agreement. 1 The Governing Body hereby: (a) adopts the above recitations as findings of the Governing Body ; (b) authorizes the Governing Body Attorney, in consultation with the Chair, to make such changes as may be needed to the Participation Agreement in order to correct any nonmaterial errors or language that do not materially increase the obligations of the Governing Body; (c) authorizes the Chair to execute the Participation Agreement following review and approval by the Governing Body Attorney; and (d) authorizes the Chair, Vice Chair, or designee to execute any and all other necessary letters, orders, or documents as may be required to facilitate the successful implementation of the C-PACE District in the Governing Body. Budget Impacts: None ADOPTED on this leday of 2018. SIGNATURE: ayor ATTE T: ; ! ! �.>,.. City Recorder 2