[Ord. No. 5506 § 1, 11-28-2016]
Title And Definitions.
Title. This Section shall be known and may be cited as "The City of Creve Coeur, Missouri Property Assessed Clean Energy Ordinance."
Definitions. Except as specifically defined below, words and phrases used in this Section 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 Section. As used in this Section, the following words and phrases shall have the meanings indicated.
- Both Show Me PACE and Missouri Clean Energy District.
- The Missouri Clean Energy District.
- PACE ASSESSMENT
- A special assessment made against qualifying property in consideration of PACE funding.
- PACE FUNDING
- Funds provided to the owner(s) of qualifying property by the district for an energy efficiency or renewable energy improvement.
- QUALIFYING PROPERTY
- Real property located in the City of Creve Coeur, Missouri, that satisfies the criteria set forth in the PACE Act.
- SHOW ME PACE
- The Show Me PACE District.
Program Administration. Eligible Creve Coeur Property owners may independently select either Show Me PACE or MCED to serve as program administrator on a project-by-project basis. Both districts shall each independently administer the functions of a PACE program for their projects within the City by:
Providing property owners with an application to apply for PACE funding;
Developing standards for the approval of projects submitted by qualifying property owners;
Reviewing applications and selecting qualified projects;
Entering into assessment contracts with qualifying property owners;
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 for the County;
Authorizing and disbursing PACE funding to the qualifying property owners;
Receiving the PACE assessment from the County Collector;
Recording any lien, if needed, due to non-payment of a PACE assessment; and
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.
Liability Of City Officials; Liability Of City. Notwithstanding any other provision of law to the contrary, the City and St. Louis County and their employees, officers and elected and appointed officials shall not be liable to a district or any other person or entity 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 Creve Coeur, 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 to be political subdivisions of the City of Creve Coeur, Missouri.
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.
City As A Non-Party. The City of Creve Coeur, Missouri, shall not be a party to any PACE funding agreement, loan, or other commitment, however denominated, executed between either of the districts and the owner(s) (or their representatives, together with any successors and assigns) of any qualifying property.