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File #: DC-4370    Version: 1
Type: Consent Action Status: Passed
File created: 3/10/2025 In control: Board of Commissioners
On agenda: 4/8/2025 Final action: 4/8/2025
Enactment date: 4/8/2025 Resolution #: 25-180
Title: Certification Of Property Assessed Clean Energy Charges For Energy Improvements On Property In City Of Lakeville
Sponsors: Environmental Resources
Attachments: 1. Location Map

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 Lakeville

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PURPOSE/ACTION REQUESTED

Certify Property Assessed Clean Energy (PACE) charges for an energy improvement project on the Lakeville Ind Acreage PTNSHP Property in the City of Lakeville.

 

SUMMARY

By Resolution No. 17-144 (March 21, 2017), the Dakota County Board of Commissioners approved a joint powers agreement (JPA) with the Port Authority of the City of Saint Paul (Port Authority) for the implementation of the PACE program within Dakota County. Through the JPA, the Port Authority is responsible for implementing and administering the PACE program in Dakota County and providing financing for energy improvements to eligible applicants. The County provides for the impositions of special assessments pursuant to Minn. Stats. §§ 216C.435 and 216C.436 and Chapter 429 as needed in connection with that program. To facilitate and encourage the financing of energy improvements on the property so benefitted, the Port Authority has approved the application of and has requested PACE special assessments on the following property (Attachment: Location Map) in Dakota County:

 

Property Owner:                       Lakeville Ind Acreage PTNSHP

Parcel Number:                      22-03600-07-011

Assessment:                                          $4,000,000

Interest Rate:                      8.54%

Finance Period:                      28 years                     

Accrual Date:                      1/1/2027

 

After the imposition of 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). 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.

 

The special assessment will be certified to the County Treasurer-Auditor and entered into the tax lists for the following year. The annual installment and interest will be collected at the same time and in the same manner as real property taxes. The special assessment, with accruing interest, is a lien upon the benefited property until paid.

 

RECOMMENDATION

recommendation

Staff recommends authorizing the Dakota County Treasurer-Auditor to extend the proposed special assessment plus accruing interest on the properties set forth and listed above.

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EXPLANATION OF FISCAL/FTE IMPACTS

None.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

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 impositions of special assessments pursuant to Minn. Stats. §§ 216C.435 and 216C.436 and Chapter 429 and as needed in connection with that program; and

 

WHEREAS, the County understands that the Port Authority will issue its PACE special assessment revenue bonds to finance the improvements and that the sole security for the bond will be special assessments imposed by the other cities and/or counties participating in PACE; 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. Stats. §§ 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 assessment plus accruing interest on the property set forth and listed below:

 

Property Owner:                       Lakeville Ind Acreage PRTNSHP

Parcel Number:                      22-03600-07-011

Assessment:                                          $4,000,000

Interest Rate:                      8.54%

Finance Period:                      28 years

Accrual Date:                      1/1/2027

; and

 

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners authorizes the County Treasurer-Auditor to extend the proposed special assessment plus interest on the properties identified herein and record this assessment against the properties with the Dakota County Recorder.

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PREVIOUS BOARD ACTION

17-144; 3/21/17

 

ATTACHMENTS

Attachment: Location Map

 

BOARD GOALS

   Thriving People        A Healthy Environment with Quality Natural Resources

   A Successful Place for Business and Jobs         Excellence in Public Service

 

CONTACT

Department Head: Stewart, Nikki

Author: Stewart, Nikki