HomeMy Public PortalAboutORD15141BILL NO ·---=2=0:.....:.1-=-3--=3-'-7 ___ _
SPONSORED BY COUNCILWOMAN Carroll ·--==~~----------
ORDINANCE NO .. ____ i 5.::::...._J ---....:1f:....___j ______ _
AN ORDINANCE AMENDING CHAPTER 7 (BOARDS AND COMMISSIONS) OF THE
CODE OF THE CITY OF JEFFERSON, MISSOURI BY RENAMING THE MID-
MISSOURI PROPERTY ASSESSED CLEAN ENERGY DEVELOPMENT BOARD TO
THE MISSOURI CLEAN ENERGY DISTRICT.
WHEREAS, The "Property Assessment Clean Energy Act" (the "Act") found in Sections
67.2800 to 67.2835 RSMo authorized the City to adopted a Property
Assessed Clean Energy Ordinance to establish a Clean Energy
Development Board to initiate and administer a Property Assessed Clean
Energy ("PACE") Program so that owners of qualifying property can
access funding for energy efficiency improvements to their properties
located in the municipality; and
WHEREAS, Ordinance 14760 enacted the Property Assessed Clean energy ordinance
and created the Mid-Missouri Property Assessed Clean Energy Board;
and
WHEREAS, said statutes authorize other cities to join the PACE program created by
the City and in fact cities throughout the State have joined the PACE
program Jefferson City created ; and
WHEREAS, due to the development into a statewide concern, the Mid-Missouri
Property Assessed Clean Energy Development Board has requested a
name change to "Missouri Clean Energy District".
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS :
Section 1. Ordinance 14760 is hereby amended to change the name of the
"Mid-Missouri Property Clean Energy Board" to the "Missouri Clean Energy District".
Section 2. The City Code, Chapter 7, (Boards and Commissions), ARTICLE
XVIII (Clean Energy Development Board) is hereby amended as follows :
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ARTICLE XVIII. MISSOURI, CLEAN ENERGY DISTRICT
Sec 7 -630. Purpose and enabling legislation.
A. Established. By and through this Ordinance, the City of Jefferson City, Missouri (the "City ") declares as
its public purpose the establishment of a Clean Energy Development Board to enable its citizens to
participate in a Property Assessed Clean Energy Program so that property owners can access funding for
energy saving improvements to their properties located in the City.
B. Additionally, the City desires to provide for the expansion of the jurisdictional and geographic boundaries
of the Clean Energy Development Board pursuant to Sec. 7.632(C) below.
C. Purpose. The City declares its purpose and the provisions of this Ordinance to be in conformity with
federal and state laws.
D. Enabling Legislation. The City enacts this Ordinance pursuant to state law. Specific enabling legislation is
found in Chapter 67, Sections 2800 to 2835, and RSMo. — "Property Assessment Clean Energy Act."
Sec. 7 -631. Title and definitions.
A. Title. This Ordinance shall be known and may be cited as the "Mid-M.6601mi Property Assessed Clean
Energy (PACE) Ordinance."
B. Definitions. Except as specifically defined below, words and phrases used in this Ordinance shall have their
customary meanings. As used in this Ordinance, the following words and phrases shall have the meanings
indicated.'
Energy Efficiency Improvement means any acquisition, installation, or modification on or of publicly or
privately owned property designed to reduce the energy consumption of such property, including, but not
limited to:
1. Insulation in walls, roofs, attics, floors, foundations, and heating and cooling distribution systems;
2. Storm windows and doors, multi - glazed windows and doors, heat - absorbing or heat - reflective
windows and doors, and other window and door improvements designed to reduce energy
consumption;
3. Automatic energy control systems;
4. Heating, ventilating, or air conditioning distribution system modifications and replacements;
5. Caulking and weather - stripping;
6. Replacement or modification of lighting fixtures to increase energy efficiency of the lighting system
without increasing the overall illumination of the building unless the increase in illumination is
necessary to conform to applicable state or local building codes;
7. Energy recovery systems; and
8. Daylighting systems.
Assessment Contract. "Assessment Contract" means a contract entered into between a Clean Energy
Development Board (as defined in the Pace Act), and a property owner under which the property owner
agrees to pay an annual special assessment for a period of up to twenty years in consideration for funding
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of an energy efficiency improvement or a renewable energy improvement by such Clean Energy
Development Board.
PACE Assessment. "PACE Assessment" means a special assessment made against qualifying property in
consideration of PACE Funding.
Missouri Clean Energy District. CleaR energy Develeement Beard. "Missouri Clean Energy District"
"CleaR eRerg=t De•lelefJmeRt Beard" means the Mid MisseHri Clean Energy Development Board (as
defined in the Pace Act), created under this Ordinance to administer the PACE Program.
PACE District. "PACE District" means the district in which the PACE Program may operate and which is
defined geographically to include the entire City as determined by municipal boundary lines, and as may be
expanded in accordance with Sec. 7.632(C) below.
PACE Funding. "PACE Funding" means funds provided to the owner(s) of qualified property by a Clean
Energy Development Board for an energy efficiency improvement.
PACE Program. "PACE Program" means a program established under Sections 67.2800 to 67.2835,
inclusive, RSMo. (the "PACE Act") by a municipality or multiple municipalities under which property
owners can obtain funding for energy efficiency improvements on qualifying property.
Qualifying Property. "Qualifying Property" means real property located in the City of Jefferson City or
such other jurisdictional areas of the Clean Energy Development Board as may be approved pursuant to
Sec. 7.632(C) below.
Renewable Energy Improvement. "Renewable Energy Improvement" means any acquisition and
installation of a fixture, product, system, device, or combination thereof on publicly or privately owned
property that produces energy from renewable resources, including, but not limited to, photovoltaic
systems, solar thermal systems, wind systems, biomass systems, or geothermal systems.
Sec. 7-632. PACE Program.
A. Establishment; Funding. The City hereby establishes the Missouri Clean Energy District Mid Misset~ri
CleaR eRergy DevelepmeRt Beard to initiate and administer the PACE Program allowing property owners
in the City (and in other areas pursuant to Sec. 7.632(C) below) who so choose to access funding for energy
efficiency improvements to their property through PACE Funds disbursed and administered by the
Missouri Clean Energy District Mid MisseHri Clean energy DevelepmeRt Beard. The PACE Funds are
available from the Clean Energy Development Board through financing sources and structures approved
and authorized by the Missouri Clean Energy District Mid MisseHFi CleaR eRergy Develepment Beard.
In connection with the PACE Funds, the Missouri Clean Energy District Mid ~4issat~ri Clean energy
De•lelepmeRt Beard will enter into an Assessment Contract with the property owner. The Missouri Clean
Energy District Mid Misset~ri CleaR energy De•lelepment Beard shall be entitled to, and shall avail itself
of, recoupment of administrative or other costs incurred by the Missouri Clean Energy District Mid-
Misset~ri CleaR Bnergy De•.<elepment BearEI in conjunction with its PACE Program to the fullest extent
permissible by governing law.
B. PACE District. The City hereby establishes a PACE District in which the PACE Program may operate
and which is initially defined geographically as being the entire corporate boundaries of the City as they
exist on the date of this ordinance and as they may be amended from time to time.
C. Additions to the District. To promote and facilitate energy efficiency and renewable energy, the City and
the Board shall make available to other "Municipalities," as defined in the PACE Act, memberships and
participation in the Missouri Clean Energy District Mid ~4isseHFi Clean energy DeveJepmeat Beard
upon the adoption of an ordinance, in a form approved by the Board, electing to join the pace district and
adopting the terms of this Article to the extent that such terms are applicable. Upon delivery of a duly
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authenticated ordinance to the Board or its designee, the jurisdictional and geographic boundaries of the
PACE District, such municipality shall become a member of the district and the boundaries of the district
shall thereafter include the corporate limits of such municipality.
Sec. 7-633. Missouri Clean Energy District Mid 1\tisseuri CleaR Eaergy De,·elepmeat Beard.
A. Board Created. The Missouri Clean Energy District Mid MisseYri CleaR BRergy DevelepmeRt Beard,
which shall consist at all times of at least five (5) members and which shall be a political subdivision of the
state of Missouri. Members of the Board are not required to be residents of Jefferson City, Missouri. The
Missouri Clean Energy District Mid MisseYri CleaR BRergy DevelepmeRt Beard shall administer the
PACE Program in accordance with this Ordinance and the PACE Act. The initial Missouri Clean Energy
District Mid MisseYri CleaR BRergy DevelepmeRt Beard shall be appointed by the Mayor, with the advice
and consent of the Council, with each member being appointed for a term of three years and such terms
shall be effective upon ratification by the City Council.
B. Replacement of Members. Upon the death, resignation, or expiration of term of any member of the
Missouri Clean Energy District Mid MisseYFi CleaR eRerg)' DevelepmeRt Beard, a replacement shall be
selected by a selection committee created as provided in this paragraph. The selection committee shall
consist of one person chosen by each political subdivision which has opted into this ordinance (as provided
herein). Each participating entity will have one vote on the selection committee. The selection committee
will be convened and the representatives chosen by the participating entities on an as needed basis, and
each representative's term of service shall be determined by the appointing entity. The selection committee
may be convened at any time upon the request of at majority of participating entities. A majority of
representatives of the participating entities shall be considered to constitute a quorum.
Sec. 7-634. Program Administration.
The Missouri Clean Energy District Mid MisseYFi CleaR BRefg)' DevelepmeRt Beard shall initiate and
administer the functions of the PACE Program. The Missouri Clean Energy District Mid Missewi Clean BRergy
DevelepmeRt Beard shall:
A. provide property owners with an application in order to apply for PACE Funds;
B. develop standards for the approval of projects submitted by property owners;
C. review applications and select qualified projects;
D. enter into Assessment Contracts with property owners;
E. provide a copy of each executed Assessment Contract to the County Assessor and County Collector and
cause a copy of each such Assessment Contract to be recorded in the real estate records of the Recorder of
Deeds;
F. authorize and disburse the PACE Funds to the property owners;
G. receive the PACE Assessments from the County Collector; and
H. record any lien, if needed, due to nonpayment of a PACE Assessment.
Sec. 7-635. Adoption of Education and Outreach Program.
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In conjunction with adopting thi s Ordinance, the Missouri Clean Energy Di strict Mid Missouri C le an
energy Development Board may adopt and impl ement an education and outreach program so that citizens within th e
PACE District, as may be expanded, are made aware of e nergy sav in g opportu niti es, including the oppo rtuni ty to
fund energy efficiency improvements from PACE Funds.
Sec. 7-636. Liability of Municipal Officials; Liability of Municipality.
Notwithstanding any other provi s ion of law to the contrary, municipal officers and municipal officia ls,
including, without limitation, tax assessors and ta x collectors, are not perso nally li able to the Missouri Clean
Energy District Mid Missouri C le an energy Development Board or to any other person for cla im s, of whatever
kind or nature, under or related to a PACE Program , including, without limit ation, claims for or related to
uncollected PACE Assessmen ts. The City ha s no li ab ili ty to a property ow ner for or related to energy savings
improvements funded under a PACE Program . The Pace District and the Board sha ll for a ll purposes be considered
an indep endent entity and s hall not be considered a subdi vision of the C ity of Jefferson or of an y future member of
the district.
(Ord. No. 14 760 , §I, 1-3-20 II )
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Mayor
ATIEST: APPROVED AS TO FORM :
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