[CC 1990 § 14-4; Ord. No. 2860 § 1, 8-3-2015]
A. Title And Definitions.
1.Â
Title. This Section shall be known and may be cited as "The
City of Chesterfield, Missouri Show Me Property Assessed Clean Energy
Ordinance."
2.Â
Definitions. Except as specifically provided below, words 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, as amended, shall have those 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 qualifying property by
the District for an energy efficiency or renewable energy improvement.
QUALIFYING PROPERTY
Real property located in the City of Chesterfield, Missouri,
that satisfies the criteria set forth in the PACE Act.
B. Program Administration. Show Me PACE shall administer the functions
of a PACE Program within the City by:
1.Â
Providing property owners with an application to apply for PACE
Funding;
2.Â
Developing standards for the approval of projects submitted
by qualifying property owners;
3.Â
Reviewing applications and selecting qualified projects;
4.Â
Entering into assessment contracts with qualifying property
owners;
5.Â
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.Â
Authorizing and disbursing PACE funding to the qualifying property
owners;
7.Â
Receiving the PACE assessment from the County Collector;
8.Â
Recording any lien, if needed, due to non-payment of a PACE
assessment; and
9.Â
Exercising all powers granted by Section 67.2810.2 of the Missouri
Revised Statutes, 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, officers and other officials
of the City of Chesterfield, Missouri, shall not be personally 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 Chesterfield, Missouri, 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 political subdivision
of the City of Chesterfield, Missouri.
D. Existing Laws Not Superseded. Any project or improvement at any qualifying
property which is funded in whole or in part of PACE funding shall
be subject to all ordinances, rules and regulations in effect at that
time.
E. City As A Non-Party. The City of Chesterfield, Missouri shall not
be a party to any PACE funding agreement, loan, or other commitment,
however denominated, executed between the District and the owner(s)
(or their representatives, together with any successors and assigns)
of any qualifying property.