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Legislation #: 170915 Introduction Date: 11/9/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER SHIELDS
Title: Authorizing the City of Kansas City to participate in forming the Kansas City Regional Clean Energy Development Board; and authorizing further actions as may be necessary or desirable to carry out and comply with the intent hereof.

Legislation History
DateMinutesDescription
11/9/2017 Filed by the Clerk's office
11/9/2017 Referred to Finance and Governance Committee
11/29/2017 Advance and Do Pass as a Committee Substitute, Debate
11/30/2017 Passed as Substituted

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170915.pdf Authenticated 155K Authenticated

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170915

 

Authorizing the City of Kansas City to participate in forming the Kansas City Regional Clean Energy Development Board; and authorizing further actions as may be necessary or desirable to carry out and comply with the intent hereof.

WHEREAS, the State of Missouri has enacted the Property Assessment Clean Energy Act, Sections 67.2800 to 67.2835, Revised Statutes of Missouri (the “PACE Act”); and

 

WHEREAS, the PACE Act authorizes one or more municipalities 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, PACE programs allow property owners to enter assessment contracts through a Clean Energy Development Board to finance energy efficiency and renewable energy improvements to their property and repay such assessments through their property tax bills; and

 

WHEREAS, the City of Kansas City, desires to form the Kansas City Regional Clean Energy Development Board pursuant to Section 67.2810.1(2) of the PACE Act to create a clean energy district for the purposes of initiating and administering a PACE Program; and

 

WHEREAS, the City of Kansas City, along with the Cities of Independence, Missouri and Lee’s Summit, Missouri (collectively the “Participants”) desire to form the Kansas City Regional Clean Energy Development Board pursuant to Section 67.2810.1(2) of the PACE Act to create a clean energy district for the purposes of initiating and administering a PACE Program whose geographic boundary includes all of the participating jurisdictions; and

 

WHEREAS, it is in the best interests of the City and its residents to form the Kansas City Regional Clean Energy Development Board; and

 

WHEREAS, the City is a participant in other existing PACE programs and the provisions of this Ordinance are intended to supplement rather than replace those existing PACE programs; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the formation of the Kansas City Regional Clean Energy Development Board is hereby authorized, pursuant to the following:

 


 

A.          That the Cities of Independence, Missouri and Lee’s Summit Missouri shall also be considered initial forming members of the Kansas City Regional Clean Energy Development Board (the “Board”) upon their passage of an ordinance or resolution that authorizes the establishment of the Board and that is substantially similar to this ordinance on or before December 31, 2017.

 

B.                 The Kansas City Regional Clean Energy Development Board (the “Board”) shall have all the powers of a clean energy development board set out in Section 67.2800 through 67.2835 RSMo (the “PACE Act”).

 

C.                 The mayor or, if there is no mayor, the chief executive of each jurisdiction joining in the initial formation of the Board shall appoint two board members to the Kansas City Regional Clean Energy Development Board to manage a PACE program within the jurisdictions’ borders. The initial term of each board member shall be for four years.

 

D.                The Kansas City Regional Clean Energy Development Board shall adopt bylaws addressing the operations of the Kansas City Regional Clean Energy Development Board which are consistent with the PACE Act and this Ordinance, and which shall include: (1) provisions confirming that there will be no financial obligation to the participating jurisdictions; (2) provisions for selecting an administrator to assist in managing a PACE program pursuant to a competitive request for proposals ; (3) provisions confirming the right for a jurisdiction to withdraw from the Board and district at any time; and (4) provisions for consumer protection policies.

 

E.                 The Kansas City Regional Clean Energy Development Board shall provide for an annual audit that shall be presented annually to the governing body of each participating jurisdiction. Furthermore, the Board shall collect and provide for inspection all data regarding projects to allow for analysis of outcomes and the efficacy of the program.

 

 

Section 2. That the City hereby recognizes that the requirements of the PACE Act may, from time to time, be revised, and affirms that appropriate officials that may be directed to act by state law with respect thereto under the PACE Act in the future are hereby authorized to act in accordance with the PACE Act, as from time to time revised, so that at all times hereinafter, the Greater Kansas City Clean Energy Development Board shall be and remain legally authorized to exercise the powers of a Clean Energy Development Board under the PACE Act, without further action of the City.

Section 3. The Mayor and City Manager, or their designees, are hereby authorized to take such further actions and execute such documents as may be necessary


 

or desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with and perform the duties of the City hereunder and under the PACE Act.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Katherine Chandler

Assistant City Attorney