[Ord. No. 4253 §1, 12-7-2015; Ord. No. 4333 §§ 1 —
2, 10-17-2016]
The Council of the City of Berkeley hereby approves and authorizes
joining and participation in the Missouri Clean Energy District.
A.
Title And Definitions.
1.
Title. This Chapter shall be known and may be cited as "The
City of Berkeley, Missouri, Property Assessed Clean Energy (PACE)
Ordinance."
2.
MISSOURI CLEAN ENERGY DISTRICT or DISTRICT
PACE ASSESSMENT
PACE FUNDING
QUALIFYING PROPERTY
Definitions. Except as specifically defined below, words and
phrases used in this Chapter shall have their customary meanings.
Words and phrases defined in Section 67.2800.2 RSMo. (2000), as amended,
shall have their defined meanings when used in this Chapter. As used
in this Chapter, the following words and phrases shall have the meanings
indicated.
The Missouri Clean Energy District.
A special assessment made against qualifying property in
consideration of PACE funding.
Funds provided to the owner(s) of qualified property by the
District for an energy efficiency improvement.
Real property located in the City of Berkeley, Missouri.
B.
Program Administration. The Missouri Clean Energy District shall
administer the functions of the PACE program within the City by:
1.
Providing property owners with an application in order to apply
for PACE funds;
2.
Developing standards for the approval of projects submitted
by property owners;
3.
Reviewing applications and select qualified projects;
4.
Entering into assessment contracts with 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;
6.
Authorizing and disbursing the PACE funds to the property owners;
7.
Receiving the PACE assessment from the County Collector;
8.
Recording any lien, if needed, due to non-payment of a PACE
assessment; and
9.
Exercising all powers granted by Section 67.2810.2 RSMo. (2000),
as amended, including, but not limited to, the power to levy and collect
special assessments under an assessment contract with a 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, the District and the County in which the City is located
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 District's 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 District shall for all
purposes be considered an independent entity and shall not be considered
a political subdivision of the City of Berkeley.
D.
Existing Laws Not Superseded. Any project or improvement
at any qualifying property which is funded in whole or in part of
PACE funding shall be subject to all ordinances, rules, and regulations
in effect at that time.
E.
City As A Non-Party. Berkeley, Missouri, 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.
[Ord. No. 4253 §2, 12-7-2015; Ord. No. 4333 § 2, 10-17-2016]
Berkeley, Missouri, declares its intent that the provisions
of this Chapter shall be in conformity with Federal and State laws.
The City enacts this Chapter pursuant to Sections 67.2800 to 67.2835,
RSMo., (2000) as amended.
[Ord. No. 4253 §3, 12-7-2015]
Berkeley, Missouri, 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").[1] The Mayor of the City is hereby authorized and directed
to execute the cooperative on behalf of the City.
[1]
Editor's Note: Exhibit A is on file in the City offices.
[Ord. No. 4253 §4, 12-7-2015]
The election of Berkeley, Missouri, to join the District shall
in no way constitute an obligation of the City necessitating any corresponding
appropriation.
[Ord. No. 4253 §5, 12-7-2015; Ord. No. 4333 § 3, 10-17-2016]
The Mayor of the City is hereby authorized to deliver a duly
executed copy of this Chapter of 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.
[Ord. No. 4253 §6, 12-7-2015]
The officials and agents of the City 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 Chapter.
[Ord. No. 4333 § 4, 10-17-2016]
The City authorizes and directs the Mayor of Berkeley to appoint
a member of the Advisory Council of Missouri Clean Energy District
and to notify the District of the person so appointed.
