[R.O. 2011 § 125.1240; Ord. No. 16-123 § 1, 6-7-2016]
A.
Title And Definitions.
1.
Title. This Article shall be known
and may be cited as the "City of St. Charles, Missouri Property Assessed
Clean Energy Ordinance."
2.
DISTRICTS
MCED
PACE ASSESSMENT
PACE FUNDING
QUALIFYING PROPERTY or QUALIFIED PROPERTY
SHOW ME PACE
Definitions. Except as specifically
defined below, words and phrases used in this Article shall have their
customary meanings. Words and phrases defined in Section 67.2800.2,
RSMo., 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.
Both the Missouri Clean Energy District and Show Me PACE.
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 a
district for an energy efficiency or renewable energy improvement.
Real property located within the municipal boundaries of
the City of St. Charles, Missouri, that satisfies the criteria set
forth in the PACE Act.[1]
The Show Me PACE District.
[1]
Editor's Note: See § 67.2800 et
seq., RSMo.
B.
Program Administration. Eligible City of
St. Charles, Missouri, qualifying property owners may select either
MCED or Show Me PACE to serve as program administrator on a project-by-project
basis. Both districts shall each independently administer the functions
of the PACE program for their projects within the City by:
1.
Providing property owners with an
application in order to apply for PACE funding;
2.
Developing standards for the approval
of projects submitted by qualifying property owners;
3.
Reviewing applications and select
qualified projects;
4.
Entering into assessment contracts
with qualifying property owners;
5.
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 of the County of St. Charles, Missouri;
6.
Authorizing and disbursing the PACE
funding to the qualifying property owners;
7.
Receiving the PACE assessment from
the Collector of Revenue of the County of St. Charles, Missouri;
8.
Recording any lien, if needed, due
to non-payment of a PACE Assessment; and
9.
Exercising all powers granted by
Section 67.2810.2, RSMo., 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.
C.
Liability Of City Officials; Liability
Of City. Notwithstanding any other provision of law to the contrary,
the City of St. Charles, Missouri, and its employees, officers and
elected and appointed officials, 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
St. Charles, Missouri, has no liability to a property owner for or
related to energy savings improvements funded under a PACE program.
The districts shall for all purposes be considered independent entities
and shall not be considered a political subdivision of the City of
St. Charles, Missouri.
D.
Existing Laws Not Superseded. Any project
or improvement at any qualifying property which is funded in whole
or in part by PACE funding shall be subject to all laws, ordinances,
rules and regulations in effect at that time.
E.
City As A Non-Party. The City of St. Charles,
Missouri, shall not be a party to any PACE funding agreement, loan,
or other commitment, however denominated, executed between the districts
and the owner(s) (or their representatives, together with any successors
and assigns) of any qualifying property.
