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ORDINANCE NO. 2018 - 97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING CHAPTER 251 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH ENTITLED "PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM", PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DEFINITIONS; PROVIDING A SHORT TITLE; PROVIDING A PURPOSE; PROVIDING PACE PROGRAM BOUNDARIES; PROVIDING FOR PACE LOCAL GOVERNMENTS AUTHORIZATION; PROVIDING FOR PACE PROGRAMS STANDARDS; PROVIDING FOR ELIGIBLE PARTICIPANTS; PROVIDING FOR NON-AD VALOREM ASSESSMENTS; PROVIDING FOR PACE PROGRAM ADMINISTRATION; PROVIDING FOR RECORDATION; PROVIDING FOR NOTICE TO PURCHASER; PROVIDING FOR SUSPENSION OR TERMINATION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.08, Florida Statutes authorizes local governments defined as a county, a municipality, a dependent special district as defined in Section 189.012, Florida Statutes or a separate legal entity created pursuant to Section 163.01(7), Florida Statutes to establish and administer financing programs pursuant to which owners of real property may voluntarily obtain funding for Qualifying Improvements and repay such funding through non-ad valorem assessments, levied upon the improved property pursuant to financing agreements between the property owner and the PACE Local Government(s); and WHEREAS, several PACE Local Governments have been created and the availability of the voluntary, non-exclusive PACE Program offered by the separate PACE Local Governments is subject to an agreement with the City of Sunny Isles Beach and is without cost, assumption of liability by, or demand upon the credit of the City; and WHEREAS, Section 163.08(3), Florida Statutes authorizes a PACE Local Government to levy non-ad valorem assessments to fund qualifying improvements within jurisdictions that authorize the Program; and WHEREAS, it is within the best interests of the citizens of the City of Sunny Isles Beach to authorize a PACE Program through the adoption of an ordinance that sets uniform consumer protections that apply to all PACE Local Governments who implement and manage PACE Programs in the City of Sunny Isles Beach. WHEREAS, the City Commission of the City of Sunny Isles Beach finds that creating Chapter 251 entitled "Property Accessed Clean Energy (PACE) Program," is in the best interest of the citizens of the City. Page 1 of 17