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Legislation #: 150881 Introduction Date: 10/15/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER TAYLOR
Title: Authorizing the City of Kansas City to join Show Me PACE, pursuant to the Property Assessment Clean Energy Act, for the purpose of encouraging the development and installation of energy efficient improvements to publicly and privately owned property; stating the terms under which the City will conduct activities as a member of the district; and directing the City Clerk to transmit certain documents.

Legislation History
DateMinutesDescription
10/15/2015 Filed by the Clerk's office
10/15/2015 Referred to Finance and Governance Committee
10/21/2015 Hold On Agenda (10/28/2015)
10/28/2015 Advance and Do Pass, Debate
10/29/2015 Passed

View Attachments
FileTypeSizeDescription
150881.pdf Authenticated 292K 150881 Authenticated
exhibit A.docx Exhibit 22K Exhibit A
fact sheet.xlsx Fact Sheet 65K fact sheet

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ORDINANCE NO. 150881

 

Authorizing the City of Kansas City to join Show Me PACE, pursuant to the Property Assessment Clean Energy Act, for the purpose of encouraging the development and installation of energy efficient improvements to publicly and privately owned property; stating the terms under which the City will conduct activities as a member of the district; and directing the City Clerk to transmit certain documents.

 

WHEREAS, the 95th General Assembly of the State of Missouri has adopted the Property Assessment Clean Energy Act, Sections 67.2800 to 67.2835, Revised Statutes of Missouri (the "PACE Act"); and

 

WHEREAS, it is in the best interests of the health, safety, and welfare of the City of Kansas City, Missouri and its residents to encourage 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; and

 

WHEREAS, the primary intent of funding energy efficiency and renewable energy improvements pursuant to the PACE Act is to promote the public purposes described above; and

 

WHEREAS, Section 67.2810.1, RSMo, authorizes one or more municipalities (as defined in Section 67.2800.7, RSMo) 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 or renewable energy improvements to the properties located in such Municipalities; and

 

WHEREAS, on June 15, 2015, a clean energy development board named Show Me PACE was created with the intention that all municipalities (as defined in the PACE Act) within the State of Missouri would be eligible to join and participate by approving an appropriate ordinance or resolution; and

WHEREAS, it is in the best interests of the City and its residents to join and participate in Show Me PACE; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The City hereby approves and authorizes joining and participating in Show Me PACE based on the following:

A.                Title and Definitions.

 

1.                  Title. This Ordinance shall be known and may be cited as “The City of Kansas City, Missouri’s Property Assessed Clean Energy Ordinance for Show Me PACE.”

 

2.                  Definitions. Except as specifically defined below, words and phrases used in this Ordinance shall have their customary meanings. Words and phrases defined in Section 67.2800.2 of the Missouri Revised Statutes, as amended, shall have their defined meanings when used in this Ordinance. As used in this Ordinance, the following words and phrases shall have the meanings indicated.

 

a.                   “Show Me PACE” or “District” means the Show Me PACE Clean Energy Development Board.

 

b.                  “PACE Assessment” means a special assessment made against qualifying property in consideration of PACE Funding.

 

c.                   “PACE Funding” means funds provided to the owner(s) of Qualifying Property by the District for an energy efficiency or renewable energy improvement.

 

d.                  “Qualifying Property” means real property located in the City that satisfies the criteria set forth in the PACE Act.

 

B.                 Program Administration. Show Me PACE shall administer the functions of a PACE program within the City by:

 

1.                  providing property owners with an application to apply for PACE Funding;

 

2.                  developing standards for the approval of projects submitted by Qualifying Property owners;

 

3.                  reviewing applications and selecting qualified projects;

 

4.                  entering into Assessment Contracts with Qualifying Property owners;

 

5.                  providing a copy of each executed Notice of Assessment to the County Assessor and causing a copy of each such Notice of Assessment to be recorded in the real estate records of the Recorder of Deeds for the County in which the property is located;

 

6.                  authorizing and disbursing PACE Funding to the Qualifying Property owners;

 

7.                  receiving the PACE Assessment from the County Collector;

 

8.                  recording any lien, if needed, due to nonpayment of a PACE Assessment; and

 

9.                  exercising all powers granted by Section 67.2810.2 of the Missouri Revised Statutes, as amended, including, but not limited to, the power to levy and collect the PACE Assessment pursuant to an Assessment Contract with a Qualifying Property owner.

 

C.                 Liability of City Officials; Liability of City. Notwithstanding any other provision of law to the contrary, officers and other officials of the City shall not be personally liable to any person for claims, of whatever kind or nature, under or related to the City’s participation in the 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. Pursuant to the PACE Act, the District is a separate political subdivision and is not a unit of the City.

 

D.                City as a Non-Party. The City shall not be a party to any PACE Funding agreement, loan, or other commitment, however denominated, executed between the District and the owner(s) (or their representatives, together with any successors and assigns) of any Qualifying Property.

 

Section 2. The City declares its intent that the provisions of this Ordinance shall be in conformity with federal and state laws. The City enacts this Ordinance pursuant to Sections 67.2800 to 67.2835 of the Missouri Revised Statutes, as amended.

 

Section 3. The City does hereby request that it be approved by the Board of Directors of Show Me PACE as a duly authorized participant in the District. The City hereby approves the Show Me PACE Cooperative Agreement among the District and the participating Municipalities in substantially the form attached hereto as Exhibit A (the “Cooperative Agreement”). The City Manager is hereby authorized and directed to execute the Cooperative Agreement on behalf of the City.

 

Section 4. The election of the City to join the District shall in no way constitute an obligation of the City necessitating any corresponding appropriation.

 

Section 5. The City Clerk is hereby directed to deliver a duly executed copy of this Ordinance to the Board of Directors of the District or its designee, together with the jurisdictional and geographic boundaries of the City for inclusion in the jurisdictional and geographic boundaries of the District.

 

Section 6. The officials and agents of the [City/Village/County] are hereby authorized and directed to, take such actions and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

 

_________________________________________________

 

Approved as to form and legality:

 

 

______________________________

Sarah Baxter

Assistant City Attorney