[Ord. No. 12-26 §§1 —
4, 9-6-2012]
A. The
City hereby approves and authorizes joining and participation in the
Missouri Clean Energy District.
B. 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 Sections 67.2800 to 67.2835, RSMo., (2000), as
amended.
1. Title and definitions.
a. Title. This Article shall be known and may be cited
as "The City of Hollister, Missouri Property Assessed Clean Energy
(PACE) Ordinance".
b. Definitions. Except as specifically defined below,
words and phrases used in this Article 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 Article.
As used in this Article, the following words and phrases shall have
the meanings indicated.
(1)
"Missouri Clean Energy District" or "District" means the Mid-Missouri Clean Energy Development
Board, doing business as the Missouri Clean Energy District.
(2)
"PACE Assessment" means a special assessment
made against qualifying property in consideration of PACE funding.
(3)
"PACE Funding" means funds provided to the
owner(s) of qualified property by the District for an energy efficiency
improvement.
(4)
"Qualifying Property" means real property located
in the City of Hollister, Missouri.
2. Program administration. The Missouri Clean Energy
District shall administer the functions of the PACE Program within
the City by:
a. Providing property owners with an application in order to apply for
PACE funds;
b. Developing standards for the approval of projects submitted by property
owners;
c. Reviewing applications and select qualified projects;
d. Entering into assessment contracts with property owners;
e. 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;
f. Authorizing and disbursing the PACE funds to the property owners;
g. Receiving the PACE assessment from the County Collector; and
h. Recording any lien, if needed, due to non-payment of a PACE assessment.
3. 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, including, without limitation, tax assessors
and tax collectors, shall not be personally liable to any person for
claims, of whatever kind or nature, under or related to the City'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 subdivision of the
City of Hollister.
C. The
Mayor of the City is hereby authorized to deliver a duly executed
copy of this Article to the Board of Directors of the District or
its designee in accordance with Section 7-632(c) of the CEDB ordinance,
together with the jurisdictional and geographic boundaries of the
City for addition to the District (as defined in the CEDB ordinance).
D. The
City does hereby request that Katherine Knight, Building and Planning
Supervisor be approved by the Board of Directors of the District as
a duly authorized member of the Advisory Board of Missouri Clean Energy
District.
[Ord. No. 15-29, 10-15-2015]