Title
Dept/Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Authorization to Execute Intergovernmental Program Agreement
Purpose: To authorize execution of the corrected State-issued Garden State C-PACE Program Agreement with the New Jersey Economic Development Authority in furtherance of Ordinance 6 PSF-h 12/17/2025opting into the Garden State C-PACE Program.
Additional Information:
body
WHEREAS, the Municipal Council of the City of Newark adopted Ordinance 6 PSF-h adopted December 17, 2026 (the “Ordinance”), opting into the Garden State C-PACE Program pursuant to P.L. 2021, c. 201 (N.J.S.A. 34:1B-374 et seq.) (the “Act”); and
WHEREAS, the Ordinance authorized the City of Newark (the “Municipality”) to participate in the Garden State C-PACE Program and to enter into a Garden State Program Agreement with the New Jersey Economic Development Authority (the “Authority”); and
WHEREAS, the Act and the Garden State C-PACE Program Guidelines require municipalities to execute the State-issued form of Program Agreement as a condition of participation in the Garden State C-PACE Program; and
WHEREAS, subsequent to adoption of the Ordinance, it was determined that the form of Program Agreement previously referenced or attached did not reflect the final State-issued template required by the Authority for municipal participation in the Garden State C-PACE Program; and
WHEREAS, the execution of the corrected State-issued Garden State C-PACE Program Agreement does not amend, alter, or modify the legislative framework established by the Ordinance, including but not limited to the authorization of C-PACE Assessments, lien priority, revenue treatment, or enforcement provisions; and
WHEREAS, the Municipal Council finds that authorizing execution of the corrected Program Agreement is necessary to ensure full compliance with the Act and the Garden State C-PACE Program Guidelines and to effectuate the intent of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or Business Administrator, and such other Authorized Officers as designated in Ordinance 6 PSF-h adopted December 17, 2026 are hereby authorized to execute and deliver the corrected State-issued Garden State C-PACE Program Agreement with the New Jersey Economic Development Authority, in substantially the form attached hereto.
2. The execution of the corrected Program Agreement is hereby deemed to be consistent with and authorized by Ordinance 6 PSF-h December 17, 2025 and shall not be construed as an amendment to said Ordinance.
3. Any prior actions taken by municipal officials in furtherance of participation in the Garden State C-PACE Program consistent with the Ordinance are hereby ratified and confirmed.
4. This Resolution shall take effect immediately upon adoption.
STATEMENT
This Resolution authorizes execution of the corrected State-issued Garden State C-PACE Program Agreement with the New Jersey Economic Development Authority in order to effectuate the City’s prior opt-in to the Garden State C-PACE Program pursuant to Ordinance 6 PSF-h December 17, 2025.The Resolution clarifies that the agreement being executed conforms to the form required by the State and does not amend or alter the legislative framework established by the Ordinance. The Resolution ensures compliance with P.L. 2021, c. 201 (N.J.S.A. 34:1B-374 et seq.) and the Garden State C-PACE Program Guidelines, while ratifying prior actions taken consistent with the City’s authorized participation in the Program.