[Ord. No. 16-0595, 12-27-2016]
The County hereby approves and authorizes joining and participating
in the Missouri Clean Energy District and further authorizes the County
Executive to take whatever action is necessary and execute all documents
necessary to carry out the intent of this Chapter.
[Ord. No. 16-0595, 12-27-2016]
The County declares its intent that the provisions of this Chapter,
as stated herein, shall be in conformity with Federal and State laws.
The County enacts this Chapter, pursuant to Sections 67.2800 to 67.2835,
RSMo., as amended.
[Ord. No. 16-0595, 12-27-2016]
A.
Title And Definitions.
1.
Title. This Chapter shall be known and may be cited as the "Jefferson
County, Missouri, Property Assessed Clean Energy (PACE) Ordinance."
2.
CONSUMER PROTECTION POLICIES
MISSOURI CLEAN ENERGY DISTRICT or DISTRICT
PACE ASSESSMENT
PACE FUNDING
QUALIFYING PROPERTY
Definitions. Except as specifically defined below, word and
phrases used in this Chapter shall have their customary meanings.
Words and phrases defined in Section 67.2800.2 of the Missouri Revised
Statutes (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.
The most recent version of the consumer protection policies
adopted by PACE Nation.
The Missouri Clean Energy District.
A special assessment made against qualifying property in
consideration of PACE Funding.
Funds provided to the owner(s) of qualified property by the
District for an energy efficiency improvement.
Any real property located in the Jefferson County, Missouri.
B.
Program Administration. The Missouri Clean Energy District shall
administer the functions of the PACE Program within the County by:
1.
Providing qualifying 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 select 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;
9.
Exercising all powers granted by Section 67.2810.2 of the Missouri
Revised Statutes (2000), as amended, including, but not limited to,
the power to separately levy and collect special assessments under
an assessment contract with a property owner;
10.
Enforcing and administering the Consumer Protection Policies,
the current version of which is attached hereto as Exhibit A and held
on file in the County offices.
C.
Liability Of County Officials; Liability Of County. Notwithstanding
any other provision of law to the contrary, officers and other officials
of the County, the District and the County shall not be personally
liable to any person for claims, of whatever kind or nature, under
or related to the County's PACE Program, including, without limitation,
claims for or related to uncollected PACE Assessments. The County
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 County.
[Ord. No. 16-0595, 12-27-2016]
To protect the rights of property owners who participate in
the PACE Program, and to ensure the integrity of the PACE Program
and the good name of Jefferson County, Missouri, the County hereby
authorizes and requires that the District and/or any PACE Program
which operates in Jefferson County shall adhere to the Consumer Protection
Policies, the current version of which is adopted by incorporation
as Exhibit A to this Chapter, as a minimum standard of conduct. These
policies shall be reviewed periodically to ensure that they are updated
according to the latest national standards.
[Ord. No. 16-0595, 12-27-2016]
The County Clerk is hereby authorized to deliver a duly executed
certified copy of the ordinance enacting this Chapter to the Board
of Directors of the District or its designee, together with the jurisdictional
and geographic boundaries of the County for inclusion in the jurisdictional
and geographic boundaries of the District.
[Ord. No. 16-0595, 12-27-2016]
The County may designate a member of the Advisory Board of Missouri
Clean Energy District and direct the County Clerk, County Executive
or County Counselor to notify the Executive Director of the District
of such designation.
