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City of Rogersville, MO
Webster County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
[Ord. No. 996, 6-15-2020; Ord. No. 1000, 9-10-2020]
A. 
The City hereby approves and authorizes joining and participating in the Missouri Clean Energy District.
B. 
The City declares its intent that the provisions of this Chapter, as stated herein, 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 Rogersville, Missouri, Property Assessed Clean Energy (PACE) Chapter."
2. 
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.
CONSUMER PROTECTION POLICIES
Any policy designed to protect homeowners as adopted by the District from time-to-time.
MISSOURI CLEAN ENERGY DISTRICT or DISTRICT
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 qualified property by the District for an energy efficiency improvement.
QUALIFYING PROPERTY
Any real property located in City of Rogersville, Missouri.
D. 
Program Administration. The Missouri Clean Energy District shall administer the functions of the PACE Program within 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 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; and
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.
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 City shall not be personally liable to any person for claims, of whatever kind or 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.
F. 
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 City of Rogersville, the City of Rogersville hereby authorizes and requires that the District and/or any PACE Program which operates in City of Rogersville shall adhere to the then current Consumer Protection Policy adopted by the District. These policies shall be reviewed periodically to ensure that they are updated according to the latest national standards. The District and any other PACE Program that offers a PACE Program in the City shall be required to periodically audit and review compliance of its PACE Program with these policies and report its findings and recommendations to its Board of Directors. Said report shall be open for inspection and review by the City staff and City Commission upon request.
G. 
The City Clerk is hereby authorized to deliver a duly executed copy of this Chapter to the Board of Directors of the District or its designee, together with the jurisdictional and geographic boundaries of the City for inclusion in the jurisdictional and geographic boundaries of the District.
H. 
The City may designate a member of the Advisory Board of the Missouri Clean Energy District and direct the City Clerk to notify the Executive Director of the District of such designation.