HomeMy WebLinkAboutResolution - 2017-17 - Revoking Special Assessment - 01/17/2017 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-17
REVOKING SPECIAL ASSESSMENT
WHEREAS, Minnesota Statues §§ 216C.435 and 216C.436 ("the Act") authorizes the
City of Eden Prairie to finance energy improvements using special assessments on residential,
commercial and industrial properties where owners have petitioned for special assessments to
repay the financing; and
WHEREAS, the City of Eden Prairie entered into an Amended and Restated Joint
Powers Agreement with the Port Authority of the City of Saint Paul on or about November 17,
2015, to administer the Act on behalf of the City; and
WHEREAS, the City of Eden Prairie agreed to impose special assessments pursuant to
Minnesota Statutes, Chapter 429 to pay for the energy improvements; and
WHEREAS, on or about November 6, 2015, the City of Eden Prairie received a Special
Assessment Petition from OSWX Property, LLC ("Property Owner"), an Arizona Limited
Liability Company, signed by Michael M. Moore, Manager of OSWX Property, LLC through
separate LLC, waiving its rights to a special assessment hearing and petitioning for a special
assessment to repay the cost of certain energy improvements; and
WHEREAS, the City of Eden Prairie received a Special Assessment Waiver, waiving
Property Owner's rights to appeal the assessment; and
WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-111
approving the Special Assessment Agreement with the Property Owner and adopting a special
assessment in the principal amount of$2,000,000; and
WHEREAS, the Property Owner has decided to not proceed with the energy
improvements and has requested that the City revoke the special assessment.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, MINNESOTA:
1. The special assessment adopted in Resolution No. 2015-111 with respect to Property ID
Number 13-116-22-22-0013 is hereby revoked.
2. The City Clerk shall forthwith transmit a certified duplicate of this Resolution to the
County to remove the assessment from the property tax lists of the County.
ADOPTED by the City Council of the City of Eden Prairie, on this 17`h day of January, 2017.
N ncy Lu s a or
ATTEST:
Kat leen Porta, City Clerk