Discuss, consider and take appropriate action on approving revisions to the Form PACE Owner Contract, Form PACE Lender Contract and Form Notice of Contractual Assessment Lien to be used in relation to the Williamson County Property Assessed Clean Energy Program (Williamson PACE Program) for the financing qualified projects through contractual assessments pursuant to the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the “PACE Act”).

The 83rd Regular Session of the Texas Legislature enacted the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the “PACE Act”), which allows the governing body of a local government, including a county, to designate an area of the territory of the local government as a region within which an authorized local government official and the record owners of commercial, industrial, and large multifamily residential (5 or more dwelling units) real property may enter into written contracts to impose assessments on the property to repay the financing by the owners of permanent improvements fixed to the property intended to decrease energy or water consumption or demand.

On April 5, 2016, the Williamson County Commissioners Court adopted a resolution creating the Williamson County Property Assessed Clean Energy Program (Williamson PACE Program) for the financing of qualified projects through contractual assessments pursuant to the PACE Act.  On that same date, the Williamson County Commissioners Court approved an Administration Services Agreement with Texas PACE Authority whereby the Texas PACE Authority agreed to serve as a third-party administrator of the Williamson PACE Program.  As a part of the resolution establishing the Williamson County PACE Program, the Commissioners Court also approved a Form PACE Owner Contract, Form PACE Lender Contract and Form Notice of Contractual Assessment Lien to be used by the Texas PACE Authority for Williamson PACE Program projects. It has now become necessary to update, modify and revise the Form PACE Owner Contract, Form PACE Lender Contract and Form Notice of Contractual Assessment Lien for future projects to be located within Williamson County.