Cross References: As to Planning Commission, see § 400.010 et seq.; as to Personnel Review Board, see Ch. 125, art. VI; as to Land Use Review Committee, see § 400.130.
[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.