St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 19-009, 2-25-2019]
The County hereby approves and authorizes joining and participating in Show Me PACE based on the information that follows. The County reserves the right and authority to withdraw from ongoing participation in Show Me PACE upon written notice, subject to the continuation of any outstanding assessment contracts until expiration or termination thereof.
[Ord. No. 19-009, 2-25-2019]
The County declares its intent that the provisions of this Chapter, as stated herein, shall be in conformity with Federal and State laws. The County enacts this Chapter, pursuant to Sections 67.2800 to 67.2835, RSMo., as amended.
[Ord. No. 19-009, 2-25-2019]
This Chapter shall be known and may be cited as "The St. Charles County, Missouri, Property Assessed Clean Energy Show Me PACE Ordinance."
[Ord. No. 19-009, 2-25-2019]
Except as specifically defined below, words and phrases used in this Chapter shall have their customary meanings. Words and phrases defined in Section 67.2800.2, RSMo., (2010), as amended, shall have their defined meanings when used in this Chapter. As used in this Chapter, the following words and phrases shall have the meanings indicated:
CONSUMER PROTECTION POLICIES or POLICIES
The then-current PACE Consumer Protection Policies adopted by the District. The current PACE Consumer Protection Policies adopted by the District on February 6, 2019, are attached as EXHIBIT A to this Chapter.[1]
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 improvement, renewable energy improvement, or other improvement authorized by the Act.
QUALIFYING PROPERTY
Any residential and/or commercial real property located in St. Charles County, Missouri, that has been deemed eligible for PACE improvements and PACE funding.
SHOW ME PACE or DISTRICT
The Show Me PACE Clean Energy Development Board.
[1]
Editor's Note: Exhibit A is on file in the County offices.
[Ord. No. 19-009, 2-25-2019]
Show Me PACE shall administer the functions of the PACE Program within St. Charles County by:
A. 
Providing property owners with an application in order to apply for PACE funding;
B. 
Developing standards with respect to the approval of projects submitted by qualifying property owners as to:
1. 
Whether or not the property for which application has been made is qualifying property; and
2. 
Whether or not the PACE Program has complied with the then-current Consumer Protection Policies adopted by the District as well as the Missouri Merchandising Practices Act, Chapter 407, RSMo.
C. 
Reviewing applications and selecting qualified projects;
D. 
Entering into PACE assessment contracts as to qualifying property projects with participating property owners;
E. 
Providing a copy of each executed PACE notice of assessment contract to the County Assessor and County Collector, and causing a copy of each such PACE notice of assessment contract to be recorded in the real estate records of the Recorder of Deeds for the County;
F. 
Authorizing and disbursing PACE funding to the participating property owner(s) of qualifying property;
G. 
Receiving from the County Collector the PACE assessment payments made by the participating property owners;
H. 
Recording any necessary lien for the PACE assessment;
I. 
Exercising all powers granted by Section 67.2810.2, RSMo., (2010), as amended, including, but not limited to, the power to separately levy and collect special assessments under an assessment contract with a qualifying property owner;
J. 
Administering and enforcing the then-current Consumer Protection Policies adopted by Show Me PACE as well as the Missouri Merchandising Practices Act, Chapter 407, RSMo.; and
K. 
Adhering to the then-current Show Me PACE bylaws adopted by the initial director(s) of Show Me PACE and attached as EXHIBIT C to this Chapter.[1]
[1]
Editor's Note: Exhibit C is on file in the County offices.
[Ord. No. 19-009, 2-25-2019]
Notwithstanding any other provision(s) of law to the contrary, the County and the officers and other officials of the County, including, without limitation, the Assessor and the Collector, shall not be personally liable to any person or entity for claims, of whatever kind or nature, under or related to the County's PACE Program, including, without limitation, claims for or related to uncollected PACE assessments. The County has no liability to a property owner for or related to energy savings improvements funded under the PACE Program. The District shall for all purposes be considered an independent entity and shall not be considered a political subdivision of St. Charles County, Missouri.
[Ord. No. 19-009, 2-25-2019]
St. Charles County, Missouri, shall not be a party to any PACE funding agreement, loan, or other commitment, however denominated, executed between Show Me PACE and the property owners (or their representatives, together with any successors and assigns) of any qualifying property.
[Ord. No. 19-009, 2-25-2019]
Any project or improvement on any qualifying property which is funded in whole or in part by PACE funding shall be subject to all laws, ordinances, rules and regulations of the State of Missouri and St. Charles County in effect at that time.
[Ord. No. 19-009, 2-25-2019]
So as to safeguard the citizens of St. Charles County, Missouri, and protect the rights of property owners who participate in the PACE Program, and to ensure the integrity of the PACE Program and the good name of St. Charles County, St. Charles County hereby authorizes and requires that the District shall adhere to the Missouri Merchandising Practices Act, Chapter 407, RSMo., as well as the then-current Consumer Protection Policies adopted by the District. The current Show Me PACE Policies are attached as EXHIBIT A[1] to this Chapter and adopted by incorporation. These Policies shall be reviewed periodically to ensure that they are updated according to the latest national standards. The District and any other PACE Program that offers PACE funding in St. Charles County shall be required to periodically audit and review compliance of its PACE Program in accordance with these Policies and shall prepare a report with findings and recommendations to its Board of Directors. Said report shall be open for inspection and review by the appropriate County staff and the County Council upon request.
[1]
Editor's Note: Exhibit A is on file in the County offices.
[Ord. No. 19-009, 2-25-2019]
The St. Charles County Registrar is hereby authorized to deliver a duly executed copy of this Chapter to the Board of Directors of the District or its designee, together with the jurisdictional and geographic boundaries of St. Charles County for inclusion in the jurisdictional and geographic boundaries of the District.
[Ord. No. 19-009, 2-25-2019]
The County Executive may designate a member of the Advisory Board of Show Me PACE, and, if so designated, the County Executive Office shall notify the Executive Director of the District of such designation.
[Ord. No. 19-009, 2-25-2019]
The determination of St. Charles County to join Show Me PACE shall in no way constitute an obligation to the County necessitating any corresponding appropriation. Any costs owed by the District to the County Collector's office for collection of PACE assessment(s) shall be addressed in a separate agreement between the County Collector and the District.
[Ord. No. 19-009, 2-25-2019]
The officials and agents of St. Charles County, Missouri, are hereby authorized and directed to take such actions and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Chapter.
[Ord. No. 19-009, 2-25-2019]
St. Charles County, Missouri, does hereby request it be approved by the Board of Directors of Show Me PACE as a duly authorized participant in the District. The County hereby approves the Show Me PACE cooperative agreement (the "cooperative agreement") among the District and the participating municipalities in substantially the form attached hereto as EXHIBIT B[1] and incorporates the bylaws adopted by Show Me PACE and cited in the cooperative agreement, attached hereto as EXHIBIT C.[2] The County Executive, or his designee, is hereby authorized and directed to execute the cooperative agreement on behalf of the County.
[1]
Editor's Note: Exhibit B is on file in the County offices.
[2]
Editor's Note: Exhibit C is on file in the County offices.