[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.
Title And Definitions.
Title. This Chapter shall be known and may be cited as "The City of Berkeley, Missouri, Property Assessed Clean Energy (PACE) Ordinance."
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.
- MISSOURI CLEAN ENERGY DISTRICT or DISTRICT
- The Missouri Clean Energy District.
- PACE ASSESSMENT
- A special assessment made against qualifying property in consideration of PACE funding.
- PACE FUNDING
- Funds provided to the owner(s) of qualified property by the District for an energy efficiency improvement.
- QUALIFYING PROPERTY
- Real property located in the City of Berkeley, Missouri.
Program Administration. The Missouri Clean Energy District shall administer the functions of the PACE program within the City by:
Providing property owners with an application in order to apply for PACE funds;
Developing standards for the approval of projects submitted by property owners;
Reviewing applications and select qualified projects;
Entering into assessment contracts with property owners;
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;
Authorizing and disbursing the PACE funds to the property owners;
Receiving the PACE assessment from the County Collector;
Recording any lien, if needed, due to non-payment of a PACE assessment; and
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.
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.
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.
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"). The Mayor of the City is hereby authorized and directed to execute the cooperative on behalf of the City.
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.