[R.O. 2007 § 510.010; Ord. No.
15-15 §§ 1 — 2, 12-7-2015]
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 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.
C. Title And Definitions.
1.
Title. This Chapter shall be known and may be cited as "The
City of Pineville, Missouri, Property Assessed Clean Energy (PACE)
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.
PACE ASSESSMENT
A special assessment made against qualifying property in
consideration of PACE funding.
PACE FUNDING
Funds provided to the owner(s) of qualified property by the
District for an energy efficiency improvement.
D. Program Administration. The Missouri Clean Energy District shall
administer the functions of the PACE program within the City by:
1.
Providing property owners with an application in order to apply
for PACE funds;
2.
Developing standards for the approval of projects submitted
by property owners;
3.
Reviewing applications and selecting qualified projects;
4.
Entering into assessment contracts with 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 the PACE funds to the property owners;
7.
Receiving the PACE assessment from the County Collector;
8.
Recording any lien, if needed, due to non-payment 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
special assessments under an assessment contract with a property owner.
E. 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
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
District'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 political
subdivision of the City of Pineville.