HomeMy WebLinkAbout13-048WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint exercise of powers authority the
members of which include numerous cities and counties in the State of California, including the County of Butte (the
"county");and
WHEREAS, CEDA has established the FIGTREE PACE program ("FIGTREE PACE"] to allow the financing of certain
renewable energy, energy efficiency and water efficiency improvements (the "Improvements") through the levy of
contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"] and the
issuance of improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement Bond Act of
1915 {Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual
assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and
willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied;
and
WHEREAS, the County desires to allow the owners of non-residential property within its jurisdiction
("Participating Property Owners") to participate in FIGTREE PACE and to allow CEDA to conduct assessment proceedings
under Chapter 29 and to issue Bonds under the 1915 Act to finance the Improvements; and
WHEREAS, CEDA will conduct assessment proceedings under Chapter 29 and issue Bonds under the 1915 Act to
finance Improvements;
WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted
by CEDA in connection with such assessment proceedings (the "ROI"), a copy of which is attached hereto as Exhibit A;
and
WHEREAS, said ROI sets forth the territory within which assessments may be levied for FIGTREE PACE which
territory shall be coterminous with the County's official boundaries of record at the time of adoption of the ROI {the "
Boundaries"). Anon-residential property owner located within a City within the County may enter into contractual
assessments with CEDA only after such City has adopted a resolution to authorize participation in the PACE Program;
and
WHEREAS, pursuant to Chapter 29, the County authorizes CEDA to conduct assessment proceedings, levy
assessments, pursue remedies in the event of delinquencies, and issue bonds or other #orms of indebtedness to finance
the Improvements in connection with FIGTREE PACE; and
WHEREAS, to protect the County in connection with operation of the FIGTREE PACE program, FIGTREE Energy
Financing, the program administrator, has agreed to defend and indemnify the County; and
RESOLUTION AUTHORIZING THE COUNTY OF BUTTE TO JOIN THE FIGTREE PACE PROGRAM;
AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL
A55ESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
COUNTY OF BUTTE; AND AUTHORIZING RELATED ACTIONS
WHERAS, based upon such authorization as provided in the Participation Agreement, a copy of which is
attached hereto as Exhibit B, the County will not be responsible for the conduct of any assessment proceedings, the levy
of assessments or any required remedial action in the case of delinquencies, the issuance, sale or administration of the
bonds or other indebtedness issued in connection with FIGTREE PACE.
NOW, THEREFORE, the County of Butte resolves the following:
Section ~,. On the date hereof, the Board of Supervisors hereby finds and determines that the issuance of bonds by CEDA
in connection with FIGTREE PACE will provide significant public benefits, including without limitation, savings in effective
interest rate, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges
levied by water and electricity providers within the boundaries of the County.
Section 2. In connection with FIGTREE PACE, the County hereby consents to the special assessment proceedings by CEDA
pursuant to Chapter 29 on any non-residential property within the Proposed Boundaries and the issuance of Bonds
under the 1915 Act; provided that:
(1} Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form
of the ROI;
(2} The Participating Property Owners, who shall be the legal owners of such property, voluntarily execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to
accomplish the valid levy of assessments; and
(3} The County will not be responsible far the conduct of any assessment proceedings; the levy of assessments
or any required remedial action in the case of delinquencies in such assessment payments; or the issuance,
sale or administration of the Bonds or any other bonds issued in connection with FIGTREE PAGE.
The Board of Supervisors hereby approves the Participation Agreement between the County and CEDA in the form
attached hereto. The Board of Supervisors hereby authorizes the Chief Administrative Officer, Paul Hahn, to execute the
Participation Agreement with such changes as the Chief Administrative Officer deems appropriate in order to commence
the FIGTREE PACE program within the jurisdiction of the County.
Section 3. Pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the
"Program Report" for FIGTREE PACE (the "Program Report") and associated documents, and CEDA will undertake
assessment proceedings and the financing of Improvements as set forth in the Program Report.
Section 4. The appropriate officials and staff of the County are hereby authorized and directed to make applications for
FIGTREE PACE available to all property owners who wish to finance Improvements. The following staff persons, together
with any other staff designated by the Chief Administrative Officer from time to time, are hereby designated as the
contact persons for CEDA in connection with FIGTREE PACE: Jennifer Macarthy, Economic and Community Development
Manager, (530} 538-2554, jmacarthy[c~buttecounty.net.
Section 5. The appropriate officials and staff of the County are hereby authorized and directed to execute and deliver
such closing certificates, requisitions, agreements and related documents as are reasonably required by CEDA in
accordance with the Program Report to implement FIGTREE PACE for Participating Property Owners.
Section 6. The Board of Supervisors hereby finds that adoption of this Resolution is not a "project" under the California
Environmental Quality Act ("CEQA"), because the Resolution does not involve any commitment to a specific project
which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California
Code of Regulations, Section 1537$(b )( 4}}.
Section 7. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of Supervisors is
hereby authorized and directed to transmit a certified copy of this resolution to FIGTREE Energy Resource Company.
Section S. Services related to the formation and administration of the assessment district will be provided by CEDA at no
cost to the County.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 26th day of March 2413 by the #ollowing
vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
BILL CONNELLY, Ghair
Butte County Board of Supervisors
ATTEST:
By: ~ r L `"~'
Paul a n, Chief dministrative fficer and
Clerk f the Board of Supervisor