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HomeMy WebLinkAbout26-2581 Commercial Property Assessed Captial Expendure Program CITY OF MERIDIAN RESOLUTION NO. 26-2581 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR, WHITLOCK A RESOLUTION EXPRESSING THE CITY OF MERIDIAN'S INTENT TO ESTABLISH A COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE PROGRAM AND ADDRESSING ACTIONS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Commercial Property Assessed Capital Expenditure Act, Chapter 38, Title 67, Idaho Code ("Act") authorizes municipalities, counties and other political subdivisions of the State of Idaho to establish a commercial property assessed capital expenditure program ("C-PACE Program") to assist in financing the costs of certain renewable energy, energy and water efficiency, and resiliency improvements ("Qualified Improvements") owned by certain commercial, industrial, agricultural, or multifamily housing property owners through the levy of special assessments; and, WHEREAS, the City Council finds that the financing of Qualified Improvements through special assessments is a valid public purpose; and, WHEREAS, the City desires to establish a C-PACE Program pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The terms defined or described in the recitals hereto shall have the same meanings when used in the body of this Resolution. All other capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Act. Section 2. Pursuant to the Act,the City hereby expresses its intent to authorize direct financing between Property Owners and Capital Providers as a means to finance Qualified Projects and to authorize Special Assessments, entered into voluntarily by a Property Owner with the City by means of an Assessment Agreement for C-PACE Financing, to repay the financing for Qualified Projects available to Property Owners. Section 3. Pursuant to the Act, it is intended that projects involving the installation or modification of a Qualified Improvement, including,but not limited to,new construction or the adaptive reuse of property with a Qualified Improvement may qualify for financing under the C-PACE Program through the levy of special assessments. In addition, it is also intended that Qualified Improvements which are installed and operational no more than three (3) years prior to the date when a C-PACE financing application is submitted to the City may qualify for financing under the C-PACE Program. Section 4. The City intends that the C-PACE Program shall be available to all Property Owners of Commercial Property within the boundaries of the City in accordance with the Act. RESOLUTION—C-PACE PROGRAM Section 5. Pursuant to the Act and in accordance with Section 67-3806(4) of the Act, the City proposes to designate the City's Economic Development Administrator as the administrator of the C-PACE Program(the"Program Administrator"). The Program Administrator will prepare a Program Guidebook describing the C-PACE Program and its requirements, review and approve applications for C-PACE financing, provide notice of approval or disapproval of such applications,and collect any fees. The Program Guidebook shall be approved by the City Council. Section 6. The City shall hold a public hearing on May 12, 2026, at the hour of 6:00 p.m. to receive input from the public with respect to the proposed C-PACE Program as outlined in this Resolution. Section 7. If the C-PACE Program is approved after the public hearing has concluded, the Program Administrator shall be authorized to administer the C-PACE Program and take such actions as necessary or advisable in order to impose voluntary assessments on properties approved for financing under the C-PACE Program and carry out and perform the purpose of this Resolution. The Mayor shall be authorized to execute C-PACE documents on behalf of the City. Section 8. The sections, paragraphs, sentences, clauses and phrases of this Resolution shall be severable. In the event that any such section, paragraph, sentence, clause or phrase of this Resolution is found by a court of competent jurisdiction to be invalid, the remaining portions of this Resolution are valid,unless the court finds the valid portions of the Resolution are so essential to and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City has enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 9. This Resolution shall take effect immediately upon its approval and adoption. ADOPTED by the City Council of the City of Meridian, Idaho, this 7th day of April, 2026. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of April, 2026. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION—C-PACE PROGRAM