[Ord. No. 5506 § 1, 11-28-2016]
A.
Title And Definitions.
1.
Title. This Section shall be known and may be cited as "The
City of Creve Coeur, Missouri Property Assessed Clean Energy Ordinance."
2.
DISTRICTS
MCED
PACE ASSESSMENT
PACE FUNDING
QUALIFYING PROPERTY
SHOW ME PACE
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.
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 or renewable energy improvement.
Real property located in the City of Creve Coeur, Missouri,
that satisfies the criteria set forth in the PACE Act.
The Show Me PACE District.
B.
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:
1.
Providing property owners with an application to apply for PACE
funding;
2.
Developing standards for the approval of projects submitted
by qualifying property owners;
3.
Reviewing applications and selecting 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
for the County;
6.
Authorizing and disbursing PACE funding to the qualifying property
owners;
7.
Receiving the PACE assessment from the 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 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 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.
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 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.
