[R.O. 2011 § 125.1240; Ord. No. 16-123 § 1, 6-7-2016]
A.
Title And Definitions.
1.
Title. This Article shall be known and may be cited as the "City of St. Charles, Missouri Property Assessed Clean Energy Ordinance."
2. DISTRICTS MCED PACE ASSESSMENT PACE FUNDING QUALIFYING PROPERTY or QUALIFIED PROPERTY SHOW ME PACE
Definitions. Except as specifically defined below, words and phrases used in this Article 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 Article. As used in this Article, the following words and phrases shall have the meanings indicated.
Both the Missouri Clean Energy District and Show Me PACE.
The Missouri Clean Energy District.
A special assessment made against qualifying property in consideration of PACE funding.
Funds provided to the owner(s) of qualified property by a district for an energy efficiency or renewable energy improvement.
Real property located within the municipal boundaries of the City of St. Charles, Missouri, that satisfies the criteria set forth in the PACE Act.[1]
The Show Me PACE District.
B.
Program Administration. Eligible City of St. Charles, Missouri, qualifying property owners may select either MCED or Show Me PACE to serve as program administrator on a project-by-project basis. Both districts shall each independently administer the functions of the PACE program for their projects within the City by:
1.
Providing property owners with an application in order to apply for PACE funding;
2.
Developing standards for the approval of projects submitted by qualifying property owners;
3.
Reviewing applications and select 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 of the County of St. Charles, Missouri;
6.
Authorizing and disbursing the PACE funding to the qualifying property owners;
7.
Receiving the PACE assessment from the Collector of Revenue of the County of St. Charles, Missouri;
8.
Recording any lien, if needed, due to non-payment of a PACE Assessment; and
C.
Liability Of City Officials; Liability Of City. Notwithstanding any other provision of law to the contrary, the City of St. Charles, Missouri, and its employees, officers and elected and appointed officials, shall not be liable to any person 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 St. Charles, 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 a political subdivision of the City of St. Charles, 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 St. Charles, Missouri, shall not be a party to any PACE funding agreement, loan, or other commitment, however denominated, executed between the districts and the owner(s) (or their representatives, together with any successors and assigns) of any qualifying property.