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Resolution 6114 - ROI - Establish CPACE ProgramRESOLUTION NO.6114 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF A COMMERCIAL PROPERTY ASSESSED CAPITAL ENHANCEMENT (C-PACE) PROGRAM IN KALISPELL, MONTANA. WHEREAS, in 2021, the Montana Legislature enacted the Commercial Property Assessed Capital Enhancement Act of Montana, Montana Code Annotated, Title 90, Chapter 4, Part 13 (the "PACE Act"), which allows municipalities to designate a district within which an authorized local government official and the record owners of a privately owned commercial or industrial facility, covered multifamily housing accommodation as defined in § 49-2-305(6), MCA, or agricultural property ("Eligible Properties") may enter into written contracts to impose assessments on the property to repay the financing by the owners of Energy Conservation Projects as defined in § 90-4-1302(5), MCA; and WHEREAS, the installation or modification by property owners of qualified Energy Conservation Projects in the City of Kalispell will further the goals of increasing economic efficiency and energy conservation without cost to the public; and WHEREAS, the City Council finds that financing Energy Conservation Projects through contractual assessments ("PACE financing") furthers essential government purposes, including but not limited to, economic development, reducing energy consumption and costs, and conserving natural resources; and WHEREAS, the PACE Act designates the Montana Facility Finance Authority ("MFFA") as state-wide administrator of projects utilizing PACE financing; and WHEREAS, the City Council, subject to the public hearing scheduled as provided below, finds that it is convenient and advantageous to establish a program under the PACE Act and designate the entire geographic area within the City of Kalispell's jurisdiction as a district within which a designated City of Kalispell representative and the record owners of qualified real property may enter into PACE financing arrangements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell intends to make contractual assessments to repay PACE financing for qualified Energy Conservation Projects available to owners of Eligible Properties. The program is to be called Kalispell Commercial Property Assessed Capital Enhancement ("Kalispell PACE"). SECTION 2. The following two types of projects are qualified projects for PACE financing that may be subject to such contractual assessments: "Energy Conservation Measures" means a permanent cost-effective energy improvement fixed to real property, including new construction, and intended to decrease energy or water consumption and demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. The exemplary list of energy conservation measures codified at § 90- 4-1302(4), MCA, is incorporated by refence herein. 2. "Renewable Energy System" means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that uses one or more forms of renewable energy to generate electricity or to reduce the use of nonrenewable energy. The term includes a biomass stove but does not include an incinerator or a digester. "Renewable Energy" has the meaning provided in § 15- 24-3102, MCA. SECTION 3. The boundaries of the entire geographic area within the City of Kalispell's jurisdiction are the boundaries of the district where PACE financing and assessments can occur. SECTION 4. Financing for qualified projects under the PACE program will be provided by qualified third -party lenders chosen by the owners. Such lenders will execute written contracts with the City of Kalispell's representative to service the assessments, as required by the PACE Act. The contracts will provide for the lenders to determine the financial ability of owners to fulfill the financial obligations to be repaid through assessments, advance the funds to owners on such terms as are agreed between the lenders and the owners for the installation or modification of qualified projects, and service the debt secured by the assessments, directly or through a servicer, by collecting payments from the owners pursuant to contracts executed between the lenders and the owners. The lender contracts will provide that the City of Kalispell will maintain and continue the assessments for the benefit of such lenders and enforce the assessment lien for the benefit of a lender in the event of a default by an owner. The City of Kalispell will not, at this time, provide financing of any sort for the PACE program. SECTION 5. The MFFA will serve as an independent third -party Program Administrator on the behalf of the City of Kalispell pursuant to its Montana Commercial Property Assessed Capital Enhancements Program Guidelines available for inspection at www.lastbestpace.com (hereinafter the "MFFA CPACE Program Guidelines"). The MFFA CPACE Program Guidelines are incorporated in this resolution and made a part hereof for all purposes. SECTION 6. On January 3, 2023, at 7:00 p.m., in the Council Chambers in the Kalispell City Hall, the City Council will conduct a public hearing on the proposed PACE program. SECTION 7. The City Clerk is hereby authorized and directed to publish a copy of the Notice of the Public Hearing in substantially the form attached hereto as Exhibit "A" (which is hereby incorporated herein and made a part hereof) twice in The Daily Interlake, the official newspaper of the City and published in Flathead County, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF DECEMBER 2022. ATTEST: Ailnee Brunckhorst, CMC City Clerk Mark Jo so Mayor CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Kalispell, Montana (the "City") will hold a public hearing on the proposed establishment of a Commercial Property Assessed Capital Enhancement ("C-PACE") district where owners of private commercial, industrial or multi -family housing can make eligible Energy Conservation Project improvements and repay the costs through assessments on the property over time, on January 3, 2023, at 7:00 p.m., in the Council Chambers in the Kalispell City Hall, 201 1 st Avenue East, Kalispell, Montana. The proposed district establishes an avenue for private facility owners to work with private lenders through an assessment placed on the annual property tax bills for projects that take advantage of the program. On January 3, 2023, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the Kalispell City Council will hold a public hearing regarding the proposed establishment of the C-PACE district. The proposed program can be viewed on the City's website at www.kalispell.com/679/Council-Public-Hearin,gs or in the office of the City Clerk at 201 First Avenue East, Kalispell. Any person wishing to address the proposed amendments may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to ubliccomment d,1alis ell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. I Lui�� Adnee Brunckhorst, CMC City Clerk Publish: December 25, 2022 January 1, 2023