[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.
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.