[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.
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 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.