[Ord. No. 19-009, 2-25-2019]
The County hereby approves and authorizes joining and participating
in Show Me PACE based on the information that follows. The County
reserves the right and authority to withdraw from ongoing participation
in Show Me PACE upon written notice, subject to the continuation of
any outstanding assessment contracts until expiration or termination
thereof.
[Ord. No. 19-009, 2-25-2019]
The County declares its intent that the provisions of this Chapter,
as stated herein, shall be in conformity with Federal and State laws.
The County enacts this Chapter, pursuant to Sections 67.2800 to 67.2835,
RSMo., as amended.
[Ord. No. 19-009, 2-25-2019]
This Chapter shall be known and may be cited as "The St. Charles
County, Missouri, Property Assessed Clean Energy Show Me PACE Ordinance."
[Ord. No. 19-009, 2-25-2019]
Except as specifically defined below, words and phrases used
in this Chapter shall have their customary meanings. Words and phrases
defined in Section 67.2800.2, RSMo., (2010), 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:
The then-current PACE Consumer Protection Policies adopted
by the District. The current PACE Consumer Protection Policies adopted
by the District on February 6, 2019, are attached as EXHIBIT A to
this Chapter.[1]
A special assessment made against qualifying property in
consideration of PACE funding.
Funds provided to the owner(s) of qualifying property by
the District for an energy efficiency improvement, renewable energy
improvement, or other improvement authorized by the Act.
Any residential and/or commercial real property located in
St. Charles County, Missouri, that has been deemed eligible for PACE
improvements and PACE funding.
The Show Me PACE Clean Energy Development Board.
[1]
Editor's Note: Exhibit A is on file in the County offices.
[Ord. No. 19-009, 2-25-2019]
Show Me PACE shall administer the functions of the PACE Program
within St. Charles County by:
A.Â
Providing property owners with an application in order to apply for
PACE funding;
B.Â
Developing standards with respect to the approval of projects submitted
by qualifying property owners as to:
C.Â
Reviewing applications and selecting qualified projects;
D.Â
Entering into PACE assessment contracts as to qualifying property
projects with participating property owners;
E.Â
Providing a copy of each executed PACE notice of assessment contract
to the County Assessor and County Collector, and causing a copy of
each such PACE notice of assessment contract to be recorded in the
real estate records of the Recorder of Deeds for the County;
F.Â
Authorizing and disbursing PACE funding to the participating property
owner(s) of qualifying property;
G.Â
Receiving from the County Collector the PACE assessment payments
made by the participating property owners;
H.Â
Recording any necessary lien for the PACE assessment;
I.Â
Exercising all powers granted by Section 67.2810.2, RSMo., (2010),
as amended, including, but not limited to, the power to separately
levy and collect special assessments under an assessment contract
with a qualifying property owner;
J.Â
Administering and enforcing the then-current Consumer Protection
Policies adopted by Show Me PACE as well as the Missouri Merchandising
Practices Act, Chapter 407, RSMo.; and
[Ord. No. 19-009, 2-25-2019]
Notwithstanding any other provision(s) of law to the contrary,
the County and the officers and other officials of the County, including,
without limitation, the Assessor and the Collector, shall not be personally
liable to any person or entity for claims, of whatever kind or nature,
under or related to the County's PACE Program, including, without
limitation, claims for or related to uncollected PACE assessments.
The County has no liability to a property owner for or related to
energy savings improvements funded under the PACE Program. The District
shall for all purposes be considered an independent entity and shall
not be considered a political subdivision of St. Charles County, Missouri.
[Ord. No. 19-009, 2-25-2019]
St. Charles County, Missouri, shall not be a party to any PACE
funding agreement, loan, or other commitment, however denominated,
executed between Show Me PACE and the property owners (or their representatives,
together with any successors and assigns) of any qualifying property.
[Ord. No. 19-009, 2-25-2019]
Any project or improvement on any qualifying property which
is funded in whole or in part by PACE funding shall be subject to
all laws, ordinances, rules and regulations of the State of Missouri
and St. Charles County in effect at that time.
[Ord. No. 19-009, 2-25-2019]
So as to safeguard the citizens of St. Charles County, Missouri,
and 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 St. Charles County, St. Charles County hereby authorizes and
requires that the District shall adhere to the Missouri Merchandising
Practices Act, Chapter 407, RSMo., as well as the then-current Consumer
Protection Policies adopted by the District. The current Show Me PACE
Policies are attached as EXHIBIT A[1] to this Chapter and adopted by incorporation. 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 PACE funding in St. Charles County shall be required
to periodically audit and review compliance of its PACE Program in
accordance with these Policies and shall prepare a report with findings
and recommendations to its Board of Directors. Said report shall be
open for inspection and review by the appropriate County staff and
the County Council upon request.
[1]
Editor's Note: Exhibit A is on file in the County offices.
[Ord. No. 19-009, 2-25-2019]
The St. Charles County Registrar 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 St. Charles County for inclusion in the jurisdictional
and geographic boundaries of the District.
[Ord. No. 19-009, 2-25-2019]
The County Executive may designate a member of the Advisory
Board of Show Me PACE, and, if so designated, the County Executive
Office shall notify the Executive Director of the District of such
designation.
[Ord. No. 19-009, 2-25-2019]
The determination of St. Charles County to join Show Me PACE
shall in no way constitute an obligation to the County necessitating
any corresponding appropriation. Any costs owed by the District to
the County Collector's office for collection of PACE assessment(s)
shall be addressed in a separate agreement between the County Collector
and the District.
[Ord. No. 19-009, 2-25-2019]
The officials and agents of St. Charles County, Missouri, are
hereby authorized and directed to take such actions and execute such
other documents, certificates and instruments as may be necessary
or desirable to carry out and comply with the intent of this Chapter.
[Ord. No. 19-009, 2-25-2019]
St. Charles County, Missouri, does hereby request it be approved
by the Board of Directors of Show Me PACE as a duly authorized participant
in the District. The County hereby approves the Show Me PACE cooperative
agreement (the "cooperative agreement") among the District and the
participating municipalities in substantially the form attached hereto
as EXHIBIT B[1] and incorporates the bylaws adopted by Show Me PACE and
cited in the cooperative agreement, attached hereto as EXHIBIT C.[2] The County Executive, or his designee, is hereby authorized
and directed to execute the cooperative agreement on behalf of the
County.
