[CC 1990 ยงย 14-3; Ord. No. 2829 ยงย 2, 1-21-2015]
A.ย Title And Definitions.
1.ย
Title. This Section shall be known and may be cited as "The
City of Chesterfield, Missouri Property Assessed Clean Energy (PACE)
Ordinance."
2.ย
Definitions. Except as specifically defined below, word and
phrases used in this Section shall have their customary meanings.
Words and phrases defined in Section 67.2800.2 of the Missouri Revised
Statutes (2000), 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 ASSESSMENT
A special assessment made against qualifying property in
consideration of PACE funding.
PACE FUNDING
Funds provided to the owner(s) of qualified property by the
District for an energy efficiency improvement.
B.ย Program Administration. The Missouri Clean Energy District shall
administer the functions of the PACE Program within the City by:
1.ย
Providing property owners with an application in order to apply
for PACE funds;
2.ย
Developing standards for the approval of projects submitted
by property owners;
3.ย
Reviewing applications and select qualified projects;
4.ย
Entering into assessment contracts with property owners;
5.ย
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.ย
Authorizing and disbursing the PACE funds to the property owners;
7.ย
Receiving the PACE assessment from the County Collector; and
8.ย
Recording any lien, if needed, due to non-payment of a PACE
assessment.
C.ย Liability Of City Officials; Liability Of City. Notwithstanding any
other provision of law to the contrary, officers and other officials
of the City, the District and the County in which the City is located,
including, without limitation, tax assessors and tax collectors, shall
not be personally liable to any person for claims of whatever kind
of nature, under or related to the City's PACE Program, including,
without limitation, claims for or related to uncollected PACE assessments.
The City has no liability to a property owner for or related to energy
savings improvements funded under a PACE Program. The District shall,
for all purposes, be considered an independent entity and shall not
be considered a subdivision of the City of Chesterfield.
D.ย Existing Laws Not Superseded. Any project or improvement, however
denominated, at any qualifying property which is funded in whole or
in part by PACE funding, shall be subject to all ordinances, rules
and regulations in effect at that time.
E.ย City As A Non-Party. The City shall not be a party to any PACE Funding
agreement, loan, or other commitment, however denominated, executed
between the District and the owners(s) (or their representatives,
together with any successors and assigns) of any qualifying property.