(A) The city shall designate a department, departments, and may also designate a third-party entity to administer the EPAD program, including the performance of the following functions:
(1) Review petitions to determine if they comply with applicable policies and procedures;
(2) Develop proposed energy projects and timelines for completion;
(3) Prepare and recommend written agreements between the city and the property owners requiring participation in the EPAD program; and
(4) Collect and distribute assessments created through the EPAD program.
(B) The city, by and through a designated department, or a designated third party entity, must develop procedures for property owners of record to petition the city for participation in the EPAD program. At a minimum, such procedures shall require that:
(1) Any petition must be signed by all record owners of the property;
(2) Any holder of a mortgage lien on the property must give written consent for the assessment and state that the lien holder does not object to the imposition of the EPAD assessment; and
(3) The record owner of the participating real property shall notify the city upon the completion of the energy project.
(C) In order to be considered for approval the contents of a petition must include the following:
(1) A legal description of the real property that includes a deed book and page number;
(2) The real property's property identification number (PIDN);
(3) The names and addresses of all owners of the real property;
(4) A general description of the proposed energy project; and
(5) A proposed time schedule for undertaking and completing the project.
(D) (1) Any petition for a project requiring a total assessment of $250,000 or more, the project shall include a review of:
(a) The proposed scope of work for the project;
(b) The project budget; and
(c) The estimated energy and/or water savings calculations for the project.
(2) The review shall be conducted by:
(a) A Kentucky License Professional Engineer;
(b) An Energy Service Professional;
(c) A Water Efficiency Professional; or
(d) Another relevant professional.
(E) Any bonds or notes issued under the applicable state statutes or this subchapter for an EPAD project shall not be general obligations of the city, and its officials and officers shall have no liability to any persons for uncollected EPAD assessments and unpaid EPAD debt.
(Ord. 2015-10-01, passed 11-11-15)