[Ord. No. 6848, 10-26-2017]
A. The City of St. Peters, Missouri, hereby
authorizes the City to join and participate in the Show Me PACE Clean
Energy Development Board (the "Board").
B. The City hereby requests that the Show
Me PACE Board approve the City as a duly authorized participant in
Show Me PACE.
C. Title And Definitions.
1.
Title. This Article shall be known
and may be cited as "The City of St. Peters Show Me PACE Ordinance."
2.
Definitions. Except as expressly
defined below, all other capitalized words and phrases used in this
Article and which are defined in Section 67.2800.2, RSMo., as
amended, shall have their defined meanings when used in this Section.
As used in this Section, the following words and phrases shall have
the meanings indicated:
PACE ACT
The Sections 67.2800 through 67.2835, RSMo., the "Property
Assessment Clean Energy Act."
PACE ASSESSMENT
A special assessment made against Qualifying Property in
consideration of PACE Funding.
PACE FUNDING or PACE FUNDS
Funds provided to the owner(s) of Qualifying Property by
Show Me PACE for an Energy Efficiency Improvement or a Renewable Energy
Improvement.
QUALIFYING PROPERTY
Real property located in the City of St. Peters, Missouri,
that satisfies the criteria set forth in the PACE Act.
SHOW ME PACE
The Show Me PACE Clean Energy Development Board, established
under the PACE Act.
D. Program Administration. Show Me PACE shall,
on a non-exclusive basis, administer the functions of a Property Assessed
Clean Energy Program within the City by:
1.
Providing owners of Qualifying Property
with an application in order to apply for PACE Funds;
2.
Developing standards for the approval
of Projects submitted by owners of Qualifying Property;
3.
Reviewing applications and selecting
qualified Projects;
4.
Entering into Assessment Contracts
with owners of Qualifying Property;
5.
Providing a copy of each executed
Assessment Contract to the St. Charles County Assessor and the St.
Charles County Collector and causing a copy of each such Assessment
Contract to be recorded in the real estate records of the St. Charles
County Recorder of Deeds;
6.
Authorizing and disbursing the PACE
Funds to the owners of Qualifying Property;
7.
Receiving the PACE Assessment from
the St. Charles County Collector;
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 assessments pursuant to an
Assessment Contract with an owner of Qualifying Property.
E. Non-Liability Of City Officials; Non-Liability
Of City.
1.
Non-Liability. Notwithstanding any
other provision of law to the contrary, no elected official nor any
other officials or employees of the City shall be personally liable
to any person for claims, of whatever kind or nature, under or related
to the City's participation in the Show Me PACE Program, including,
without limitation, claims for or related to uncollected PACE Assessments.
The City has no liability to an owner of Qualifying Property for or
related to Energy Efficiency Improvements or Renewable Energy Improvements
funded under the Show Me PACE Program. Pursuant to the PACE Act, Show
Me PACE is an independent political subdivision of the State of Missouri,
and is not an agent for or unit of the City of St. Peters.
2.
City As A Non-Party. The City of
St. Peters, Missouri, shall not be a party to any PACE Funding agreement,
loan or other commitment, however denominated, executed between the
Board and the owner(s) (or their representatives, together with any
successors and assigns) of any Qualifying Property.
3.
Non-Appropriation. The election of
the City of St. Peters, Missouri, to join Show Me PACE shall in no
way constitute an obligation of the City to make any corresponding
or annual appropriation of funds.
F. Existing Laws Not Superseded. Any Improvement
at any Qualifying Property which is funded in whole or in part with
PACE Funding shall be subject to all ordinances, rules and regulations
of the City in effect at that time.