2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer

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Section 6. Additional Actions. Each Authorized Officer is hereby authorized without any further approval to: a. negotiate, execute, and deliver such other supporting documents as may be necessary or appropriate to implement the Illinois Finance Authority PACE Program; and b. ratify amendments, modifications, or supplements to the Program Report from time to time as requested by the PACE Area Administrator to the extent such amendments, modifications, or supplements comply with the parameters and requirements set forth in the PACE Act and this Ordinance. Section 7. Governmental Unit Fees. In consideration of its execution and delivery of any Assessment Contracts,Assignment Agreements,or other supporting documents as may be necessary or appropriate to implement the Illinois Finance Authority PACE Program, any record owner entering into an Assessment Contract with the Governmental Unit shall pay or cause to be paid a fee of four hundred dollars($400)to the Governmental Unit,payable on or before the closing date of any related financing or refinancing, or interim financing, that has been approved under the Illinois Finance Authority PACE Program, unless such fee is otherwise waived by the Governmental Unit on a case-by-case basis. The applicable PACE Project Administrator shall be responsible for collecting and remitting such fee to the Governmental Unit. Section 8. Reservation of Rights for Other Programs. The Governmental Unit reserves the right to: a. Create PACE areas and establish related property assessed clean energy programs other than the PACE Area and the Illinois Finance Authority PACE Program to be administered by other for-profit entities or not-for-profit entities or the Governmental Unit,as determined by the governing body,pursuant to one or more separate ordinances or resolutions to be considered or previously considered and approved or adopted,as the case may be, at one or more meetings of the Governmental Unit; and b. Issue "PACE Bonds" (as defined in the PACE Act) to fund PACE Projects pursuant to the rights and powers vested in the Governmental Unit by the PACE Act if such PACE Projects have been approved under any property assessed clean energy program established by the Governmental Unit other than the Illinois Finance Authority PACE Program. Section 9. Amendments. The Governmental Unit acknowledges the importance of uniformity and consistency of the Illinois Finance Authority PACE Program in a statewide,open market. Therefore,the Governmental Unit agrees to consider in good faith any amendment, supplement,or modification of this Ordinance or the Program Report proposed by the PACE Area Administrator or the Authority and not to make any amendment, supplement, or modification to this Ordinance or the Program Report proposed by the Governmental Until unless and until approved in writing by the PACE Area Administrator or the Authority,which approvals will not be unreasonably withheld. Section 10. Enactment. The provisions of this Ordinance are hereby declared to be separable and if any section,phrase,or provision shall for any reason be declared by a court