HomeMy Public PortalAboutORD14760 BILL NO. 2010-102
SPONSORED BY COUNCILWOMAN CARROLL
ORDINANCE NO. 14�W)
AN ORDINANCE ESTABLISHING ARTICLE XVIII (CLEAN ENERGY DEVELOPMENT
BOARD)AND AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF JEFFERSON
BY PROVIDING FOR PROPERTY ASSESSED CLEAN ENERGY FUNDING FOR
SPECIFIED PURPOSES.
WHEREAS, the 95`h General Assembly of Missouri has enacted Sections 67.2800 to
67.2835, inclusive, RSMo.,the"Property Assessment Clean EnergyAct'(the
"Act'); and
WHEREAS, the development, production, and efficient use of clean energy and
renewable energy, as well as the installation of energy efficiency
improvements to publicly and privately owned real property, will create jobs
for residents of the City, advance the economic well-being and public and
environmental health of the City of Jefferson, and contribute to the energy
independence of our nation; and
WHEREAS, the primary intent of funding energy efficiency and renewable energy
improvements pursuant to the Act is to promote the public purposes
described above; and
WHEREAS, that Act authorizes a municipality that has adopted a Property Assessed
Clean Energy Ordinance to establish a Clean Energy Development Board to
initiate and administer Property Assessed Clean Energy("PACE") Program
so that owners of qualifying property can access fund ing for energy efficiency
improvements to their properties located in the municipality; and
WHEREAS, the City of Jefferson wishes to establish a Clean Energy Development Board
to initiate and administer a PACE Program.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The City Code, Chapter 7, Boards and Commissions, is hereby
amended by adding one new Article, to read as follows:
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Article XVIII-Clean Enerev Development Board
Sec 7-630 PURPOSE AND ENABLING LEGISLATION
A. Established. Bv and through this Ordinance,the City of Jefferson City,Missouri the"City")
declares as its public purpos etheestablishmentof aCleanEnerevDevelopmentBoardtoenable
its citizens to participate in a Property Assessed Clean Enerev Program so that property owners
can access funding for enerev saving improvements to their properties located in the City
B. Additionally,the C�desires to provide for the expansion of the jurisdictional and geographic
boundaries of the Clean Enerev Development Board pursuant to Sec. 7.632(C)below.
C. Purpose. The Citv 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"Mid-Missouri Property Assessed
Clean Enerev PACE Ordinance."
B. Definitions. Exce tasspecifically defined below,words and hp rases 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 an acquisition, installation, or modification on or of
publicly or privately owned property designed to reduce the enerev consumption of such
property,including,but not limited to:
1. Insulation in walls, row ate fly foundations, and heating and coolin
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 desi2ned to
reduce ener consumption;
3. Automatic ener2y controls sv tems;
4. Heating, ventilating, or air conditioning distribution system modifications and
replacements;
5. Caulking and weather-stripping;
6. Replacement or modification of li htin 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 con—rm to applicable state or local building
codes;
7. Enerev recovery systems;and
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8. blighting systems.
Assessment Contract. "Assessment Contract"means a contract entered into between a Clean
Enerev Development Board and a property owner under which the property owner agrees to
Pay an annual special assessment for a ep riod of up to twenty vears inconsideration for fundine
of an enerev efficiency improvement or a renewable energy improvementb such Clean Enerev
Development Board.
PACE Assessment. "PACE Assessment"means a special assessment made against qualifying
property in consideration of PACE Funding.
Clean Energy Development Board. "Clean Energy Development Board" means the Mid-
Missouri Clean Energy Development Board 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 owners of qualified properly
by a Clean Enerev 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 AgM bamunicipalitvor multiple municipalitiesunder
which property owners can obtain fundine for energy efficiency improvements on qualifying
property.
ualif in Property. "Qualifyin Pro er "means real property located in the Citvo£Jefferson
C� or such other jurisdictional areas of the Clean Enerev Development Board as may be
approved pursuant to Sec.7.632(C)below.
Renewable Enerev Improvement. "Renewable Energy Improvement"means any acquisition
and installation of a fixture,product, system p device, or combination [hereof on publicly or
privately owned property that produces enerLyv 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 Citv hereby establishes the Mid-Missouri Clean Energy
Development Board to initiate and administer the PACE Program allowing property owners in the City
and in other areas norsuantto See.7.632 C below who so choose to access fundingfor enerLy efficiency
improvements to their yroyerty through PACE Funds disbursed and administered b theMid-Missouri
Clean Energy Development Board. The PACE Funds are available from the Clean Energy Development
Board through financing sources and structures approved and authorized hy the Mid-Missouri Clean
Enera Development Board. In connection with the PACE Funds, the Mid-Missouri Clean Ener
Development Board will enter into an Assessment Contract with the property owner. TheMid-Missouri
Clean Enerev Development Board shall be entitled to, and shall avail itself of recoupment of
administrative or other costs incurred b the Mid-Missouri Clean Enerev Development Board in
conjunction with its PACE Program to the fullest extent permissible by governing law.
B. PACEDistriet. TheCitvhereb establishes a PACE District in which the PACE Program may
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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 rpomote and facilitate ener efficiencv and renewable ener the
Citv and the Board shall make available to other "Municipalities," as defined in the PACE Act,
memberships and participation in the Mid-Missouri Clean Energy Development Board upon the
adoptionofan ordinance,ina form approved by the Board,electin toiojnthe pace districtandadopting
the terms of this Article to the extent that such terms are applicable. Upon delivery of a duly
authenticated ordinance to the Board or its designee,the iurisdictional and geographic boundaries of the
PACE District,such m unicipality shall become a mem ber of the district and the boundaries of the district
shall thereafter include the corporate limits of such municipality.
Sec.7-633 Mid-Missouri Clean Energy Development Board.
A. Board Created. The Mid-Missouri Clean Enerev Development Board,which shall consist at all
times of at least five fI 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 Mid-Missouri
Clean Enerev Development Board shall administer the PACE Program in accordance with this
Ordinance and the PACE Act. The initial Mid-Missouri Clean Energy Development Board 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 dew resignation,or expiration of term of any member
of the Mid-Missouri Clean Enerev Development Board,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 maiority of participating entities. A ma'orit of
representatives of the participating entities shall be considered to constitute a quorum.
Sec. 7-634 Program Administration.
The Mid-Missouri Clean Enerpy Development Board shall initiate and administer the functions of the
PACE Program. The Mid-Missouri Clean Ener2y Development Board shall:
A. rp ovide property owners with an application in order to app for PACE Funds;
B. develop standards for the approval of rp oiects submitted by propertV owners
C. review applications and select qualified projects;
D. enter into Assessment Contracts with propertV owners;
E. provid e a copy of each executed Assessment Contract to the County Assessor and County Collector
and cause a gM 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 CountV Collector: and
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H. record any lien,if needed due to nonpayment of a PACE Assessment.
Sec. 7-635 Adoption of Education and Outreach Program.
In con iunction with adopting this Ordinance,the Mid-Missouri Clean Ener2y Development Board may
adopt and implement an education and outreach program so that citizens within the PACE District,as may be
exnanded,are made aware of energy saving opportunities,including the opportunity to fund energy efficiency
improvements from PACE Funds.
Sec. 7-636 Liability of Municipal Officials; Liability of Municipality.
Notwithstanding any other provision of law to the contrary,municipal officers and municipal officials,
including,without limitation,tax assessors and tax collectors,are not personally liable to the Mid-Missouri Clean
Energy Development Board or to any other ep rson for claims,of whatever kind or nature,under or related to
a PACE Program,including,without limitation,claims for or related to uncollected PACE Assessments.The City
has no liability to a property owner for or related to energy savings improvements funded under a PACE
Program. The Pace District and the Board shall for all purposes be considered an independent galily and shall
not be considered a subdivision of the City of Jefferson or of any future member of the district.
Section 2. This Ordinance shall be in full force and effect from and after the date of
its passage nd approval.
Pass_
P siding Officer Mayor
ATTEST: APPROVED AS TO FORM:
`City Clerk City ounselor
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