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2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer
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2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer
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Last modified
6/7/2023 10:00:25 AM
Creation date
6/7/2023 10:00:21 AM
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Resolution/Ordinance
Res Ord Num
2023-31
Res Ord Title
2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer
Department
Legal
Approved Date
6/5/2023
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Any proceeds of any bond or note issued by the Authority and used by a record owner to fund <br /> the acquisition, construction, installation, or modification of a PACE Project at closing must <br /> comply with the prevailing wage requirements and reporting obligations of the State (just as with <br /> any bond or note otherwise issued by a county or municipality). <br /> Interim Financing <br /> To fund a PACE Project with interim financing provided by a warehouse fund established by a <br /> capital provider, the Authority will assign the assessment contract to the applicable capital <br /> provider or its transferee as collateral for such interim financing for up to 36 months pursuant to <br /> a Master Warehouse Agreement. Upon re-assignment of the assessment contract, the Authority <br /> will issue bonds or notes to refinance any interim financing that has been provided by such <br /> warehouse fund. <br /> Pursuant to the PACE Act, the Governmental Unit or the Authority may also establish a <br /> warehouse fund to assist record owners with the interim financing of one or more PACE <br /> Projects. Any proceeds of any warehouse fund established by the Governmental Unit or the <br /> Authority and used by a record owner to fund the acquisition, construction, installation, or <br /> modification of a PACE Project at closing must comply with the prevailing wage requirements <br /> and reporting obligations of the State. <br /> Billing and Collecting <br /> Assessments may be included in the regular property tax bills of the county in which a property <br /> is located or the Governmental Unit, the PACE Project Administrator, or third-party servicer <br /> may bill and collect the assessment amount. <br /> Payment received by mail and postmarked on or before any required due date is not delinquent. <br /> From and after the due date of any installment of an assessment, an additional rate of interest of <br /> 1 1/2% per month may be imposed with respect to the delinquent amount of such installment, <br /> which shall be payable to the applicable capital provider, PACE Project Administrator, or third- <br /> party servicer as set forth in the applicable bill. <br /> IFA Municipal Choice PACE Program <br /> For assessments imposed by municipalities, it is anticipated that each capital provider or PACE <br /> Project Administrator will directly bill and collect assessments to record owners or indirectly bill <br /> and collect assessments through a third-party servicer to record owners. As a result, capital <br /> providers keep 100%of any default interest and always have the legal option to pursue a default <br /> remedy through either the regular county tax sale process or through an accelerated judicial <br /> foreclosure under the State's Municipal Code. <br /> If an assessment becomes delinquent during any year, the applicable capital provider, PACE <br /> Project Administrator,or third-party servicer shall, on or before the date in such year required by <br /> the county in which the PACE area is located, make a report in writing to the general office of <br /> the county in which the applicable property subject to the assessment is situated and authorized <br /> by the general revenue laws of this State to apply for judgment and sell lands for taxes due the <br /> 13 <br />
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