Res No 273-13-14091n.
RESOLUTION NO. 273-13-14091
An amendment to Resolution No. 264 -13 -14082 exercising
the right to review PACE documents and advertising and
concerning the use of the City name by Ygrene Energy
Fund, Florida, LLC
WHEREAS, The City of South Miami, by a unanimous vote of the City
Commission, adopted Resolution No. 24 -10 -13058 dated January 26, 2011 supporting the
Green Corridor District legislation, which is a PACE program; and
WHEREAS, The City of South Miami, by a unanimous vote of the City
Commission, adopted Resolution No. 145 -11 -13459 dated September 6, 2011 in which the
City Commission entered into an agreement with other municipalities in order to provide
for the upfront financing for qualifying improvements as provided for in Section 163.08,
Florida Statutes; and
WHEREAS, The City of South Miami, by a unanimous vote of the City
Commission, adopted Resolution No 149 -12- 13706, dated July 24, 2012, authorizing the
City Manager to execute an amended and restated Interlocal Agreement between the City
of South Miami, the Town of Cutler Bay, Village of Palmetto Bay, Village of Pinecrest,
Miami Shores Village, the City of Coral Gables and the City of Miami, relating to the
Green Corridor Property Assessment Clean Energy (PACE) District and naming Ygrene
Energy Fund, Florida, LLC (hereafter Ygrene), as the initial Third Party Administrator
(TPA); and
WHEREAS, The Agreement holds harmless all parties to the Agreement,
including Ygrene; and
WHEREAS, The Agreement states: "the Parties agree and understand that each
member of the District will have complete control over the administration, governance,
and implementation of their own PACE program, which includes, but is not limited to, the
ability to review and approve program documents, marketing strategies, and determining
eligible property types and improvements "; and
WHEREAS, Although promotional materials may not fall under the strict
definition of "program documents" or "marketing strategies" as worded in the interlocal
agreement, the City of South Miami nonetheless wishes to fully review all marketing
materials naming the City, bearing the City seal, or going to City property owners, before
they are released.
WHEREAS, this same resolution was approved by the City Commission at its
December 3, 2013 meeting, but with an abbreviated title; and
WHEREAS, the City Attorney has opined that the title to the resolution should be
more descriptive and therefore this resolution is being amended as to title only.
t h %-
Res. No. 273 -13 -14091
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby validates past use of the city seal by
Ygrene as appropriate and reflective of the cooperative intent of the Green Corridor
Interlocal Agreement.
Section 2. The City Commission notifies the administrators of Ygrene Energy
Fund, Florida, LLC that as a cooperative party to the Interlocal Agreement, the City of
South Miami wishes to review and approve or disapprove any and all future Green
Corridor related promotional materials bearing the City's name, or bearing the City's seal,
or going to South Miami property owners, before they are distributed.
Section 3. The City Manager shall approve future use of the City seal or name,
as per Section 13 -31 of the City's Code of Ordinances, contingent upon prior review and
approval by the City Commission of all marketing materials, or collections of marketing
materials, in which any item bears the City's seal or name or is distributed to property
owners in the City.
Section 4. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions of this resolution.
Section 5. This resolution shall take effect immediately upon adoption.
Passed and adopted this 17 day of December, 2013.
ATTEST:
a) �- (- �, � a& � - P- .
TY CLER
READ AND APPROVED AS TO FORM:
LANGU FLEGALITY A
EXE N THEREOF
ATTORNEY
Page 2 of 2
APPROVED:
Ak
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
RESOLUTION NO. 264-13-14082
A Resolution exercising the right to review documents and
advertizing
WHEREAS, The City of South Miami, by a unanimous vote of the City
Commission, adopted Resolution No. 24 -10 -13058 dated January 26, 2011 supporting the
Green Corridor District legislation, which is a PACE program; and
WHEREAS, The City of South Miami, by a unanimous vote of the City
Commission, adopted Resolution No. 145 -11 -13459 dated September 6, 2011 in which the
City Commission entered into an agreement with other municipalities in order to provide
for the upfront financing for qualifying improvements as provided for in Section 163.08,
Florida Statutes; and
WHEREAS, The City of South Miami, by a unanimous vote of the City
Commission, adopted Resolution No 149 -12- 13706, dated July 24, 2012, authorizing the
City Manager to execute an amended and restated Interlocal Agreement between the City
of South Miami, the Town of Cutler Bay, Village of Palmetto Bay, Village of Pinecrest,
Miami Shores Village, the City of Coral Gables and the City of Miami, relating to the
Green Corridor Property Assessment Clean Energy (PACE) District and naming Ygrene
Energy Fund, Florida, LLC (hereafter Ygrene), as the initial Third Party Administrator
(TPA); and
WHEREAS, The Agreement holds harmless all parties to the Agreement,
including Ygrene; and
WHEREAS, The Agreement states: "the Parties agree and understand that each
member of the District will have complete control over the administration, governance,
and implementation of their own PACE program, which includes, but is not limited to, the
ability to review and approve program documents, marketing strategies, and determining
eligible property types and improvements "; and
WHEREAS, Although promotional materials may not fall under the strict
definition of "program documents" or "marketing strategies" as worded in the interlocal
agreement, the City of South Miami nonetheless wishes to fully review all marketing
materials naming the City, bearing the City seal, or going to City property owners, before
they are released.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby validates past use of the city seal by
Ygrene as appropriate and reflective of the cooperative intent of the Green Corridor
Interlocal Agreement.
Section 2. The City Commission notifies the administrators of Ygrene Energy
Fund, Florida, LLC that as a cooperative party to the Interlocal Agreement, the City of
Res. No. 264 -13 -14082
South Miami wishes to review and approve or disapprove any and all future Green
Corridor related promotional materials bearing the City's name, or bearing the City's seal,
or going to South Miami property owners, before they are distributed.
Section 3. The City Manager shall approve future use of the City seal or name,
as per Section 13 -31 of the City's Code of Ordinances, contingent upon prior review and
approval by the City Commission of all marketing materials, or collections of marketing
materials, in which any item bears the City's seal or name or is distributed to property
owners in the City.
Section 4. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions of this resolution.
Section 5. This resolution shall take effect immediately upon adoption.
Passed and adopted this 3'd, day of December, 2013
ATTEST:
C Y CLE
FORM
Page 2 of 2
APPROVED:
/410.
MAYOR
COMMISSION VOTE: 3 -2
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Nay
Commissioner Newman:
Nay
Commissioner Harris:
Yea
Commissioner Welsh:
Yea