[Ord. No. 958, 3-14-2019]
A. The City hereby approves and authorizes joining and participating
in Show Me PACE based on the following:
1.
Title and Definitions.
a.
Title. This Ordinance shall be known and may be cited as "The
City of Wright City, Missouri Property Assessed Clean Energy Ordinance."
b.
Definitions. Except as specifically defined below, words and
phrases used in this Ordinance 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 Article. As used in this Article, the following words and
phrases shall have the meanings indicated.
PACE FUNDING
Funds provided to the owner(s) of qualifying property by
the district for an energy efficiency, water conservation or renewable
energy improvement.
PACE ASSESSMENT
A special assessment made against qualifying property in
consideration of PACE Funding.
QUALIFYING PROPERTY
Real property located in the City of Wright City, Missouri,
that satisfies the criteria set forth in the PACE Act.
2.
Program Administration. Show Me PACE shall administer the functions
of a PACE program 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 the County;
f.
Authorizing and disbursing PACE Funding to the Qualifying Property
owners;
g.
Receiving the PACE Assessment from the County Collector;
h.
Recording any lien, if needed, due to nonpayment 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 Wright City, Missouri shall not be 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 Wright City,
Missouri has no liability to a property owner for or related to energy
savings improvements funded under a PACE Program. Pursuant to the
PACE Act, the district is a separate political subdivision and is
not a unit of the City of Wright City.
4.
Existing Laws Not Superseded. 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.
5.
City As A Non-Party. The City of Wright 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.
[Ord. No. 958, 3-14-2019]
The City of Wright City, Missouri declares its intent that the
provisions of this Ordinance shall be in conformity with federal and
state laws. The City enacts this Ordinance pursuant to Sections 67.2800
to 67.2835 of the Missouri Revised Statutes, as amended.
[Ord. No. 958, 3-14-2019]
The City of Wright City, Missouri does hereby request that it
be approved by the Board of Directors of Show Me PACE as a duly authorized
participant in the District. The City of Wright City hereby approves
the Show Me PACE Cooperative Agreement among the district and the
participating municipalities in substantially the form attached hereto
as Exhibit A (the "Cooperative Agreement"). The Board of Aldermen of the City of Wright City hereby
authorized the Mayor to execute the Cooperative Agreement on behalf
of the City.
[Ord. No. 958, 3-14-2019]
The election of the City of Wright City, Missouri to join the
district shall in no way constitute an obligation of the City necessitating
any corresponding appropriation.