[Ord. No. 4790 §§ 1 — 6, 8-21-2017]
A. 
The City hereby approves and authorizes joining and participating in the Missouri Clean Energy District based on the following:
1. 
Title And Definitions.
a. 
Title. This Section shall be known and may be cited as "The City of Brentwood, MCED Missouri Property Assessed Clean Energy Ordinance."
b. 
Definitions. Except as specifically defined below, words and phrases used in this Section shall have their customary meanings. Words and phrases defined in Section 67.2800.2 of the Missouri Revised Statutes, as amended, shall have their defined meanings when used in this Section. As used in this Section, the following words and phrases shall have the meanings indicated.
MCED 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 Qualifying Property by the District for an energy efficiency or renewable energy improvement.
QUALIFYING PROPERTY
Real property located in the City of Brentwood, Missouri, that satisfies the criteria set forth in the PACE Act.
2. 
Program Administration. MCED shall administer the functions of its PACE program for its projects within the City on a non-exclusive basis by:
a. 
Providing property owners with an application to apply for PACE Funding;
b. 
Developing standards for the approval of projects submitted by Qualifying Property owners;
c. 
Reviewing applications and selecting qualified projects;
d. 
Entering into Assessment Contracts with Qualifying 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 PACE Funding to the Qualifying Property owners;
g. 
Receiving the PACE Assessment from the County Collector;
h. 
Recording any lien, if needed, due to non-payment of a PACE Assessment;
i. 
Exercising all powers granted by Section 67.2810.2 of the Missouri Revised Statutes, 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; and
j. 
To protect the rights of property owners who participate in the PACE Programs, and to ensure the integrity of the PACE Programs and the good name of the City of Brentwood. City of Brentwood hereby authorizes and requires that the District and/or any PACE Program which operates in the City of Brentwood shall adhere to the then current Consumer Protection Policy adopted by the District.
3. 
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 in either their personal or official capacity to any person 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 of Brentwood, Missouri, has no liability to a property owner for or related to energy savings improvements funded under a PACE Program. Pursuant to the PACE Act, the District is a separate political subdivision and is in all respects and for all purposes an independent entity and shall not be considered and is not a unit of the City of Brentwood, Missouri.
4. 
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 laws, ordinances, rules and regulations in effect at that time.
5. 
City As A Non-Party. The City of Brentwood, 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.
B. 
The City of Brentwood, Missouri, declares its intent that the provisions of this Section shall be in conformity with Federal and State laws. The City enacts this Section pursuant to Sections 67.2800 to 67.2835 of the Missouri Revised Statutes, as amended. The City of Brentwood, Missouri, reserves the right and authority to withdraw from ongoing participation in MCED upon written notice, subject to the continuation of any outstanding Assessment Contracts until expiration or termination thereof.
C. 
Brentwood, Missouri, does hereby request that it be approved by the Board of Directors of MCED as a duly authorized participant in the District.
D. 
The election of the City of Brentwood, Missouri, to join the Districts shall in no way constitute an obligation of the City necessitating any corresponding appropriation.
E. 
The City Clerk is hereby authorized to deliver a duly executed copy of this Section to the Board of Directors of MCED or its designee, together with the jurisdictional and geographic boundaries of the City for inclusion in the jurisdictional and geographic boundaries of the District.
F. 
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 Section.