[Ord. No. 2701, 5-26-2020]
A. Title.
This Chapter shall be known and may be cited as "Olivette, Missouri
Property Assessed Clean Energy Ordinance."
B. Definitions.
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., 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.
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 Olivette, Missouri, that satisfies
the criteria set forth in the PACE Act.
[Ord. No. 2701, 5-26-2020]
A. Show
Me PACE shall administer the functions of a PACE program 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; residential
PACE will not be provided to the City until a collection agreement
between the County Collector and Show Me PACE is completed;
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.
[Ord. No. 2701, 5-26-2020]
Notwithstanding any other provision of law to the contrary,
officers and other officials of Olivette, 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.
Olivette, Missouri, has no liability to a property owner for or related
to energy savings improvements funded under a PACE Program. Pursuant
to the PACE Act, the district is a separate political subdivision
and is not a unit of the City.
[Ord. No. 2701, 5-26-2020]
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.
[Ord. No. 2701, 5-26-2020]
Olivette, 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.