[Ord. No. 1.260 (2744), 6-6-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. The
City hereby approves and authorizes joining and participating in Show
Me PACE based on the following:
1. Title And Definitions.
a. Title. This Section shall be known and may be cited as "Arnold, Missouri,
Property Assessed Clean Energy Ordinance."
b. 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 of the Missouri Revised Statutes,
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.
SHOW ME PACE
The Show Me PACE Clean Energy Development Board.
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 Arnold, Missouri, that satisfies
the criteria set forth in the PACE Act.
2. Program Administration. Show Me PACE shall administer the functions
of a PACE program within the City by:
a. Providing property owners with an application to apply for PACE Funding;
b. Developing standards for the approval of projects submitted by Qualifying
Property owners;
c. Reviewing applications and selecting qualified projects;
d. Entering into Assessment Contracts with Qualifying Property owners;
e. 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;
f. Authorizing and disbursing PACE Funding to the Qualifying Property
owners;
g. Receiving the PACE Assessment from the County Collector;
h. Recording any lien, if needed, due to non-payment of a PACE Assessment;
and
i. 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.
3. Liability Of City Officials; Liability Of City. Notwithstanding any
other provision of law to the contrary, officers and other officials
of Arnold, 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. Arnold, 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.
4. 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.
5. City As A Non-Party. Arnold, 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.
B. Arnold,
Missouri, declares its intent that the provisions of this Section
shall be in conformity with Federal and State laws. The County enacts
this Section pursuant to Sections 67.2800 to 67.2835 of the Missouri
Revised Statutes, as amended.
C. Arnold,
Missouri, does hereby request that it be approved by the Board of
Directors of Show Me PACE as a duly authorized participant in the
District. The City hereby approves the Show Me PACE Cooperative Agreement
among the District and the participating Municipalities in substantially
the form attached hereto as Exhibit A (the Cooperative Agreement")
as same is found on file in the City offices. The Mayor of the Arnold
is hereby authorized and directed to execute the Cooperative on behalf
of the City.
D. The
election of Arnold, Missouri, to join the District shall in no way
constitute an obligation of the City necessitating any corresponding
appropriation.