The City Council of the City of Papillion, Nebraska hereby finds
and determines as follows:
A. Pursuant to Neb. Rev. Stat. §§ 13-3201 to 13-3211,
as amended, of the Property Assessed Clean Energy Act (the "Act"),
energy efficiency and the use of renewable energy are important for
preserving the health and economic well-being of Nebraska's citizens.
Using less energy decreases the cost of living and keeps the cost
of public power low by delaying the need for additional power plants.
To further these goals, it is necessary for the City to promote energy
efficiency improvements and renewable energy systems. Upfront costs
for energy efficiency improvements and renewable energy systems may
prohibit or deter many property owners from making improvements. It
is necessary for the City to implement an alternative financing method
through the creation of a Clean Energy Assessment District.
B. Financing energy projects to further these goals is a valid public
purpose and can be accomplished through property-assessed clean energy
("PACE") financing, which is used to overcome the upfront costs for
energy efficiency improvements and renewable energy systems by leveraging
private capital and equity, not public debt.
C. Pursuant to the Act and Neb. Rev. Stat. § 13-3204, the
City of Papillion is authorized to establish a Clean Energy Assessment
District so that owners of qualifying property can access PACE financing
for energy efficiency improvements or renewable energy improvements
to their properties located in such municipality. The City may enter
into agreements with other municipalities for the creation, administration
or creation and administration of Clean Energy Assessment Districts,
pursuant to § 13-3210 of the Act and pursuant to the Interlocal
Cooperation Act, Neb. Rev. Stat. § 13-801 et seq. The City
declares its intent that the provisions of this article shall be in
conformity with federal and state laws. The City enacts this article
pursuant to the Act, as amended.
This article shall be known and may be cited as "The City of
Papillion Property Assessed Clean Energy (PACE) Ordinance," and by
its codified chapter and article references. The definitions stated
in § 13-3203 of the Act are adopted for use in this article.
Except for the words and phrases specifically defined below or in
the Act, words and phrases used in this article shall have their customary
meanings. As used in this article, the following words and phrases
shall have the following meanings:
DISTRICT
The City of Papillion Clean Energy Assessment District, created
pursuant to this article, as authorized by Neb. Rev. Stat. §§ 13-3203
and 13-3204, which shall include all areas within the corporate boundaries
of the City of Papillion or the City's extraterritorial jurisdiction,
as such boundaries and jurisdiction may be amended from time to time
by annexation or other means.
DISTRICT ADMINISTRATOR
The Director of the City of Papillion Planning Department
or a third-party administrator with whom the City contracts for the
provision of administrative services under this article.
PACE FINANCING
Funds provided to the owner(s) of qualified property by a
third-party lender, pursuant to the Act and this article, for an energy
efficiency improvement.
QUALIFYING PROPERTY
A.
Any of the following types of property located in the district:
(1)
Commercial property, including multifamily residential property
comprised of more than four dwelling units;
(3)
Property that is currently agricultural, and will continue to
be agricultural after completion of the energy efficiency project.
B.
Single-family residential property is not qualifying property.
Notwithstanding any other provision of law to the contrary,
employees, officials, and agents of the City, the district, the County
in which the City is located, and the District Administrator shall
not be personally liable to any person or entity for any claims, liabilities,
costs, or expenses, of whatever kind or nature, under, arising out
of, or related to the City's participation in the PACE program or
PACE funding under this article, including, without limitation, claims
for or related to uncollected PACE assessments. Not in limitation
of the foregoing, the said entities and persons shall have no liability
to a property owner or lender arising out of or related to energy
savings improvements or funding under a PACE program, other than to
remit PACE assessments received in accordance with the Act or notify
the County of a delinquency in payment pursuant to applicable law.
The provisions of this article are severable, and if any clause,
sentence, subsection, section, article, chapter or part thereof shall
be adjudged by any court of competent jurisdiction to be illegal,
invalid or unconstitutional, such judgment or decision shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation and application to the clause, sentence, subsection,
section, article, chapter or part thereof rendered illegal, invalid
or unconstitutional. It is hereby declared to be the intent of the
City Council that this article would have been adopted if such illegal,
invalid or unconstitutional clause, sentence, subsection, section,
article, chapter or part thereof had not been included therein.