City of Bridgeton, MO Chapter 570 Property Assessed Clean Energy District

Section 570.010 Title and Definitions.

[Ord. No. 17-03 § 1, 2-1-2017]

A. Title. This Chapter shall be known and may be cited as the "City of Bridgeton, Missouri, Propety Assessed Clean Energy (PACE) Ordinance."

B. 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. (2000), 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.

MISSOURI CLEAN ENERGY DISTRICT

The Missouri Clean Energy District.

SHOW ME PACE CLEAN ENERGY DISTRICT

The Show Me PACE District.

CONSUMER PROTECTION POLICIES

Any policy designated to protect homeowners as adopted by the District from time to time. The current policy is attached as Exhibit 1.[1]

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.

[1] Editor’s Note: Exhibit A is on file in the City offices.

Section 570.020 Program Administration.

[Ord. No. 17-03 § 1, 2-1-2017]

A. The Missouri Clean Energy District shall administer the functions of the PACE Program with the City by:

1. Providing qualifying property owners with an application in order to apply for PACE funds;

2. Developing standards for the approval of project 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 PACE assessment to the local county assessor and county collector and causing a copy of each such PACE 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;

8. Recording the lien for the PACE assessment; and

9. Exercising all powers granted by Section 67.2810.2, RSMo. (2000), as amended, including, but not limited to, the power to separately levy and collect speicial assessment contract with a property owner.

Section 570.030 Liability Of City Officials; Liability Of City.

[Ord. No. 17-03 § 1, 2-1-2017]

Notwithstanding any other provision of the law to the contrary, officers and other officials of the City, the District and the City shall not be personally liable to any person for claims, of whatever kind of nature, under or related to the City'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.

Section 570.040 Existing Laws Not Superseded.

[Ord. No. 17-03 § 1, 2-1-2017]

Any project or improvement at any qualifying property which is funded in whole or in part of PACE funding shall be subject to all ordinances, rules and regulations in effect at that time.

Section 570.050 City As Non-Party.

[Ord. No. 17-03 § 1, 2-1-2017]

Bridgeton, Missouri, shall not be a party to any PACE funding agreement, loan, or any commitment, however denominated, executed between the District and the owner(s) (or their representatives, together with any successors and assigns) of any qualifying property.