Add-on c)1 RESOLUTION NO. ___ _
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3 A Resolution exercising the right to review documents and
4 advertizing
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6 WHEREAS, The City of South Miami, by a unanimous vote of the City
7 Commission, adopted Resolution No. 24-10-13058 dated January 26, 2011 supporting the
8 Green Corridor District legislation, which is aPACE program; and
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10 WHEREAS, The City of South Miami, by a unanimous vote of the City
11 Commission, adopted Resolution No. 145-11-13459 dated September 6, 2011 in which the
12 City Commission entered into an agreement with other municipalities in order to provide
13 for the upfront financing for qualifying improvements as provided for in Section 163.08,
14 Florida Statutes; and
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16 WHEREAS, The City of South Miami, by a unanimous vote of the City
17 Commission, adopted Resolution No 149-12-13706, dated July 24, 2012, authorizing the
18 City Manager to execute an amended and restated Interlocal Agreement between the City
19 of South Miami, the Town of Cutler Bay, Village of Palmetto Bay, Village of Pinecrest,
20 Miami Shores Village, the City of Coral Gables and the City of Miami, relating to the
21 Green Corridor Property Assessment Clean Energy (PACE) District and naming Y grene
22 Energy Fund, Florida, LLC (hereafter Y grene), as the initial Third Party Administrator
23 (TP A); and
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25 WHEREAS, The Agreement holds harmless all parties to the Agreement,
26 including Y grene; and
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28 WHEREAS, The Agreement states: "the Parties agree and understand that each
29 member of the District will have complete control over the administration, governance,
30 and implementation of their own PACE program, which includes, but is not limited to, the
31 ability to review and approve program documents, marketing strategies, and determining
32 eligible property types and improvements"; and
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34 WHEREAS, Although promotional materials may not fall under the strict
35 definition of "program documents" or "marketing strategies" as worded in the interlocal
36 agreement, the City of South Miami nonetheless wishes to fully review all marketing
37 materials naming the City, bearing the City seal, or going to City property owners, before
38 they are released.
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40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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43 Section 1. The City Commission hereby validates past use of the city seal by
44 Y grene as appropriate and reflective of the cooperative intent of the Green Corridor
45 Interlocal Agreement.
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47 Section 2. The City Commission notifies the administrators of Y grene Energy
48 Fund, Florida, LLC that as a cooperative party to the Interlocal Agreement, the City of
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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 ofthis resolution.
Section 5. This resolution shall take effect immediately upon adoption.
Passed and adopted this 3rd day of December, 2013.
ATTEST:
COMMISSION VOTE:
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
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APPROVED:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh: