HomeMy WebLinkAboutRES-2025-050-Adoption of a Resolution of Intent for Orange County to Participate in the North Carolina C-PACE Program RES- 2025 -050
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION DECLARING INTENT OF THE COUNTY OF ORANGE, NORTH CAROLINA TO
PARTICIPATE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE ( C- PACE )
PROGRAM
WHEREAS, Article 106 of Chapter 160A of the General Statutes of North Carolina , as amended ( the " C-
PACE Act" ) , authorizes the establishment of a statewide commercial property assessed capital
expenditure ( C- PACE ) program (the "C- PACE Program " ) that local governments may voluntarily join ; and
WHEREAS, the C- PACE Act authorizes the North Carolina Department of Commerce ( the " Program
Sponsor" ) to oversee the C- PACE Program and requires the Economic Development Partnership of North
Carolina , Inc . , a North Carolina nonprofit corporation ( the "Statewide Administrator" ) , to administer the
C- PACE Program and , in support thereof, provide certain administrative services described in North
Carolina General Statute § 160A- 239 . 14; and
WHEREAS, the C- PACE Act and C- PACE Program permit willing owners of commercial , industrial, or
agricultural real property, or residential real property with five or more dwelling units located in the
jurisdictional boundaries of participating local governments ( " Qualifying Commercial Property" ) to obtain
direct financing ( " C- PACE Financing" ) from a " capital provider" ( as further defined in North Carolina
General Statute § 160A-239 . 12 ( 1 ) , "Capital Provider" ) for "qualifying improvements" ( as further defined
in North Carolina General Statute § 160A- 239 . 12 ( 14 ) , "Qualifying Improvements" ) approved by the
Program Sponsor, including energy efficiency measures, resiliency measures, renewable energy
measures, and water conservation measures; and
WHEREAS, under the C- PACE Act, C- PACE Financing shall be secured by a ( a ) voluntary assessment
imposed on Qualifying Commercial Property by a local government for the total amount of such financing
( the "C- PACE Assessment" ) and ( b ) lien on such Qualifying Commercial Property until the financing is paid
in full ( the "C- PACE Lien " ) ; and
WHEREAS, the County of Orange , North Carolina , ( "The County" ) acting by and through its Board of
Commissioners, desires to participate in the CPACE Program and , in support thereof, adopt a resolution
setting forth the items required by North Carolina General Statute § 160A-239 . 15 ( a ) ;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Orange, North
Carolina as follows :
Section 1 . The County hereby authorizes ( a ) the C- PACE Program to operate within its jurisdictional
boundaries and ( b ) the Statewide Administrator to provide the administrative services described in North
Carolina General Statute § 160A-239 . 14 .
Section 2 . The County intends to ( a ) authorize C- PACE Financing within the jurisdictional boundaries of
the County, ( b ) authorize the imposition of C- PACE Assessments to secure repayment of C- PACE Financing,
( c ) assign the C- PACE Lien to Capital Providers providing C- PACE Financing and ( d ) delegate billing,
collection , and enforcement duties for the C- PACE Assessment and C- PACE Lien to Capital Providers .
Section 3 . The amount of any C- PACE Financing and related C- PACE Assessment repayment terms shall be
pursuant to an agreement by and among the County, the Statewide Administrator, a " property owner"
( as defined in the C- PACE Act, a " Property Owner" ) and Capital Provider ( an "Assessment Agreement" )
and a financing agreement between a Property Owner and a Capital Provider in which a Property Owner
agrees to repay a Capital Provider for the C- PACE Financing provided , including, but not limited to , any
finance charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to the
treatment of prepayment and partial payment, and the billing, collection , and enforcement of the C - PACE
Financing .
Section 4 . The Orange County Tax Office shall , upon receipt from the Statewide Administrator of an
approved project application for C- PACE Financing within the jurisdictional boundaries of the County,
execute an Assessment Agreement, a Notice of C- PACE Assessment, and an Assignment of C- PACE Lien .
Section 5 . The County shall be reimbursed by the Statewide Administrator for the actual and reasonable
costs associated with the performance of the duties described in Section 4 hereof.
Section 6 . A public hearing on the C- PACE Program will be held by Orange County on October 21 , 2025 at
7pm at Southern Human Services, 2501 Homestead Road , Chapel Hill , NC 27514 .
Section 7 . Nothing in this resolution shall be interpreted as authorizing the County to pledge , offer, or
encumber its full faith and credit, and the County shall not pledge , offer, or encumber its full faith and
credit in connection with any C- PACE Financing .
Section 8 . Should any provision or provisions of this Resolution be declared invalid or unenforceable in
any respect by final decree of any court of competent jurisdiction , the invalidity or unenforceability of any
such provisions shall not affect the remaining provisions of such Resolution .
Section 9 . All resolutions or parts thereof in conflict herewith are , to the extent of such conflict, hereby
repealed . Section 10 . This Resolution shall take effect upon its adoption .
ADOPTED this 7th day of October, 2025 .
I , 1 d �,�►re� Clerk for Orange County, North Carolina , DO HEREBY CERTIFY that the foregoing
is a true and complete copy of a resolution adopted by Orange County, North Carolina at a regular meeting
duly called and held on 02,4 . 0 S . WITNESS my hand and the official seal of Orange County this
�L day of QcA ab , 20.g5
Ulf
Clerk to the Bodd , Orange County, NCiY,lpyc a
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