DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
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Certification Of Property Assessed Clean Energy Charges For Energy Improvements On Property In City Of West St. Paul
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RESOLUTION
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WHEREAS, the Dakota County Board of Commissioners approved the joint powers agreement (JPA) with the Port Authority of the City of Saint Paul (Port Authority) by Resolution No. 17-144 (March 21, 2017), designating the Port Authority to implement and administer Property Assessed Clean Energy (PACE) improvement financing on behalf of the County and providing for the imposition of special assessments pursuant to Minn. Stat. §§ 216C.435, 216C.436, and ch. 429 and as needed in connection with that program; and
WHEREAS, the Port Authority provides the PACE program as a financing option for commercial entities that include multi-housing or agricultural properties to make energy or water saving improvements, such as new windows, insulation, HVAC systems, lighting and solar installations; and
WHEREAS, the Port Authority will issue its PACE special assessment revenue bonds to finance the improvements and the sole security for the bond will be special assessments imposed by the other cities and/or counties participating in PACE; and
WHEREAS, the Port Authority has approved the application from Lafayette Enterprises LLC and has requested PACE special assessments on the property identified below; and
WHEREAS, after imposition of the special assessments, the County will collect the assessment payments twice a year and remit them to the Port Authority for use in the repayment of the loan(s) or bond(s); and
WHEREAS, the County will take all actions permitted by law to recover the assessments, including, without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. § 429.071, subd. 4; and
WHEREAS, the special assessment will be certified to the County Treasurer-Auditor and entered into the tax lists for the following year; and
WHEREAS, the annual installment and interest for current and delinquent collections or payoffs will be collected and disbursed at the same time and in the same manner as real property taxes, in accordance with Minn. Stat. §§ 276.11 and 276.111; and
WHEREAS, the special assessment, with accruing interest, is a lien upon the benefited property until paid.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Treasurer-Auditor to extend the proposed special assessments plus accruing interest on the property set forth and listed below:
Property Owner: Lafayette Enterprises LLC
Parcel Number: 42-44250-02-021
Assessment: $160,000
Interest Rate: 6.25%
Finance Period: 14 years
Accrual Date: January 1, 2027
Property Owner: Lafayette Enterprises LLC
Parcel Number: 42-44250-02-021
Assessment: $93,000
Interest Rate: 6%
Finance Period: 10 years
Accrual Date: January 1, 2027
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BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Treasurer-Auditor to extend the proposed special assessments plus interest on the property identified herein and record these assessments against the property with the Dakota County Recorder.
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BACKGROUND
To facilitate and encourage the financing of energy improvements on the benefited property identified in the resolution (Attachment: Location Map), the Port Authority has approved the application from Lafayette Enterprises LLC. The County’s role is limited to placing the assessment on the property for the owner to repay the funds. Approval of the special assessment requires County Board authorization.
RECOMMENDATION
recommendation
Staff recommends authorizing the Dakota County Treasurer-Auditor to extend the proposed special assessments plus accruing interest on the property set forth and listed in the resolution.
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FINANCIAL AND STAFFING IMPACTS
Existing staff in the Property Taxation and Records Department will perform the work of administering the special assessment, and no additional FTEs are required.
PREVIOUS BOARD ACTION
17-144; 3/21/17
ATTACHMENTS
Attachment: Location Map
CONTACTS
Department Director: Nikki Stewart
Author: Nikki Stewart