[Ord. No. 6672, 12-8-2020]
A. Title
And Definitions.
1. Title. This Section shall be known and may be cited as “The
City of Clayton, Missouri, Property Assessed Clean Energy Ordinance.”
2. Definitions. Except as specifically defined below, words and phrases
used in this Section 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 Section. As used in this
Section, the following words and phrases shall have the meanings indicated.
MCED
The Missouri Clean Energy District.
MO ESP
The Missouri Energy Savings Program.
Districts
Means collectively the Show Me PACE, the Missouri Clean Energy
District and the Missouri Energy Savings Program; and each being a
District.
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 Clayton, Missouri, that
satisfies the criteria set forth in the PACE Act.
B. Program
Administration. Eligible Clayton property owners may independently
select either Show Me PACE, MCED or MO ESP to serve as program administrator
on a project by project basis. Each District shall independently administer
the functions of a PACE program for its projects 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;
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.
C. Liability
Of City Officials; Liability Of City. Notwithstanding any other provision
of law to the contrary, the City and its employees, officers and elected
and appointed officials, shall not be liable in either their personal
or official capacity to any person for claims, of whatever kind or
nature, under or related to the City’s participation in any
PACE program, including, without limitation, claims for or related
to uncollected PACE Assessments. The City of Clayton, Missouri, has
no liability to a property owner for or related to energy savings
improvements funded under a PACE Program. Each District shall for
all purposes be considered an independent entity and shall not be
considered a political subdivision of the City of Clayton, 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 laws, ordinances, rules and regulations in effect
at that time.
E. City
As A Non-Party. The City of Clayton, Missouri, shall not be a party
to any PACE Funding agreement, loan, or other commitment, however
denominated, executed between any District and the owner(s) (or their
representatives, together with any successors and assigns) of any
qualifying property.