[Ord. No. 1968, 3-21-2019]
A. Title And Definitions.
1.
Title. This Chapter shall be known and may be cited as "The
City of Woodson Terrace, Missouri, Property Assessed Clean Energy
Ordinance."
2.
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., 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.
DISTRICTS
Both Show Me PACE and Missouri Clean Energy District, each
of which is a District.
MCED
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 qualifying property by
a District for an energy efficiency improvement or renewable energy
improvement.
QUALIFYING PROPERTY
Real property located in the City that satisfies the criteria
set forth in the PACE Act.
B. Program Administration. Eligible City property owners may independently
select either Show Me PACE or MCED to serve as program administrator
on a project-by-project basis. Both Districts shall each independently
administer the functions of a PACE program for their projects within
the City by:
1.
Providing property owners with an application to apply for PACE
funding;
2.
Developing standards for the approval of projects submitted
by qualifying property owners;
3.
Reviewing applications and selecting qualified projects;
4.
Entering into assessment contracts with qualifying 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 PACE funding to the qualifying property
owners;
7.
Receiving the PACE assessment from the County Collector;
8.
Recording any lien, if needed, due to nonpayment of a PACE assessment;
and
9.
Exercising all powers granted by Section 67.2810.2, RSMo., as
amended, including, but not limited to, the power to levy and collect
the PACE assessment pursuant to an assessment contract with a qualifying
property owner.
C. Liability Of City Officials; Liability Of City. Notwithstanding any
other provision of law to the contrary, the City and St. Louis County
and their employees, officers and elected and appointed officials,
shall not be liable to a District or any other person or entity for
claims, of whatever kind or nature, under or related to the City's
participation in the 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 Districts shall for
all purposes be considered independent entities and shall not be considered
to be political subdivisions of the City.
D. Existing Laws Not Superseded. Any project or improvement at any qualifying
property which is funded in whole or in part by PACE funding shall
be subject to all laws, ordinances, rules and regulations in effect
at that time.
E. City As A Non-Party. The City shall not be a party to any PACE funding
agreement, loan, or other commitment, however denominated, executed
between either of the Districts and the owner(s) (or their representatives,
together with any successors and assigns) of any qualifying property.
[Ord. No. 1968, 3-21-2019]
The City 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., as amended.
The City reserves the right and authority to withdraw from ongoing
participation in either or both Show Me PACE and MCED upon written
notice, subject to the continuation of any outstanding assessment
contracts until expiration or termination thereof.
[Ord. No. 1968, 3-21-2019]
The City does hereby request that it be approved by the Board
of Directors of Show Me PACE and by the Board of Directors of MCED
as a duly authorized participant in the Districts, subject to the
terms and conditions hereof.
[Ord. No. 1968, 3-21-2019]
The election of the City of Woodson Terrace, Missouri, to join
the Districts shall in no way constitute an obligation of the City
necessitating any corresponding appropriation.
[Ord. No. 1968, 3-21-2019]
The City Clerk is hereby authorized to deliver a duly executed
copy of this Chapter to the Board of Directors of each of the Districts
or its designee, together with the jurisdictional and geographic boundaries
of the City for inclusion in the jurisdictional and geographic boundaries
of the Districts.
[Ord. No. 1968, 3-21-2019]
The Mayor and his designated representatives are hereby authorized
and directed to take any and all actions necessary, desirable, convenient
or proper in order to carry out the intent of this Chapter, the matters
herein authorized, and the rights and duties of the City under the
agreements.