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University City, MO
St. Louis County
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Table of Contents
Table of Contents
Code
New Laws (8) Index
[Ord. No. 6998 §1, 9-24-2015]
A. 
The City hereby approves and authorizes joining and participating in Show Me PACE and 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 University City, 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.
DISTRICTS
Both the Show Me PACE and Missouri Clean Energy 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 the district for an energy efficiency or renewable energy improvement.
QUALIFYING PROPERTY
Real property located in the City of University City, Missouri, that satisfies the criteria set forth in the PACE Act.
SHOW ME PACE
The Show Me PACE District.
2. 
Program Administration. University 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:
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 St. Louis County;
f. 
Authorizing and disbursing PACE funding to the qualifying property owners;
g. 
Receiving the PACE assessment from the St. Louis County Collector;
h. 
Recording any lien, if needed, due to non-payment of a PACE assessment; and
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.
3. 
Liability Of City Officials; Liability Of City. Notwithstanding any other provision of law to the contrary, officers and other officials of the City of University City, Missouri, and St. Louis County, Missouri, 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 PACE program, including, without limitation, claims for or related to uncollected PACE assessments. The City of University City, Missouri, 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 University City, Missouri.
4. 
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 ordinances, rules and regulations in effect at that time.
5. 
City As A Non-Party. The City of University City, 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 University City, 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.
C. 
The City of University City, Missouri 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 district.
D. 
The election of the City of University City, 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 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.