HomeMy WebLinkAbout09.13.2016 Agendax 40
Terry L. Baker,President it Washington County John F. Barr
Jeffrey A.Cline, Vice President
Wayne K. Keefer
MARYLAND LeRoy E.Myers,Jr.
r 1*6
100 West Washington Street, Room 226 I Hagerstown,MD 21740-4735 I P:240.313.2200 I F:240.313.2201
WW W.WASHCO-MD.NET
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 13, 2016
10:00 a.m. MEETING WITH STATE TRANSPORTATION SECRETARY PETE RAHN
Location: Volvo of Hagerstown, 13403 Volvo Way, Hagerstown
12:00 p.m. BREAK
2:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER—President Terry L. Baker
APPROVAL OF MINUTES—August 23, 2016 and August 30, 2016
2:35 p.m. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF 9-1-1 BACKUP
CENTER EQUIPMENT FOR WASHINGTON COUNTY EMERGENCY
SERVICES—Karen Luther, David Hays
documentation)
2:45 p.m. INTERGOVERNMENTAL COOPERATIVE PURCHASE (RENTAL) OF
ELECTRONIC MONITORING EQUIPMENT SERVICES FOR
WASHINGTON COUNTY SHERIFF'S OFFICE
Karen Luther, Major Craig Rowe
2:50 p.m. GENERAL AVIATION APPRECIATION MONTH
Phil Ridenour
3:00 p.m. DESIGNATION RESOLUTION FOR TIF FINANCING REQUESTED BY
DOT FOODS, INC.—Debra Murray, Lindsey Rader
draft resolution)
3:20 p.m. CITIZENS PARTICIPATION
3:30 p.m. CLOSED SESSION (To discuss the appointment, employment, assignment,
promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation
of appointees, employees, or officials over whom this public body has jurisdiction; or any other
personnel matter that affects one or more specific individuals; to consult with counsel to obtain
legal advice on a legal matter; and to consult with staff consultants, or other individuals about
pending or potential litigation.)
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners,240.313.2200 Voice/TDD,to
make arrangements no later than ten(10)working days prior to the meeting. Notice is given that the Board of County Commissioners of
Washington County,Maryland will meet in closed session to discuss personnel matters,to consult with counsel,to obtain legal advice,and to
discuss businesses moving into the county from outside the state in accordance with Section 10-508 State Government Article,Annotated Code
of Maryland.
Washington County Board of County Commissioners of Washington County,Maryland
M A R Y LAND Agenda Report Form
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase of 9-1-1 Backup Center
Equipment and Additional Interoperable Radio Equipment for Washington County
Emergency Services
PRESENTATION DATE: September 13, 2016
PRESENTATION BY: Karen R. Luther, CPPO — Director of Purchasing and
David Hays—Director, Division of Emergency Services
RECOMMENDED MOTION: Move to authorize by Resolution the approval of the
purchase of backup 9-1-1 Center equipment consisting of subscriber radios, mobile data
subscribers, parts, accessories and services for use by the Division of Emergency Services from
Motorola Solutions,Inc. of Columbia, MD at contracted unit prices totaling$399,997.04 and to
approve the purchase of fixed consolettes and multi-band portable radios and accessories at
contracted unit prices totaling $216,728.72 based on the contract awarded by the City of
Baltimore, Maryland(07-14145/MJR).
REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County
grants authorization for the County to procure goods or services under contracts entered into by
other government entities. On items over $50,000, a determination to allow or participate in an
intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate
that the participation will provide cost benefits to the county or result in administrative
efficiencies and savings or provide other justification for the arrangement.
Acquisition of the equipment by "piggy-backing" the City of Baltimore contract and eliminating
our County's bid process would result in administrative efficiencies for the Division of
Emergency Services and the Purchasing Department as well as overall better pricing due to
economies of scale offered by the subject contract. The City of Baltimore estimated
10,000,000.00 (no minimum/maximum requirements) in procurements during the term of their
contract. The City of Baltimore awarded a sole source contract to Motorola Solutions, Inc. on
January 20, 2016. The contract term is from February 2, 2016 through February 1, 2021.
The radio equipment requested is needed to complete radio installations at the Backup 9-1-1
located at 120 West Washington Street, and to provide connectivity and interoperability to the
State of Maryland's new 700 MHz, radio system which is due to be in operation in Washington
County in 2017.
DISCUSSION: N/A
FISCAL IMPACT: 399,997.04 - Funding budgeted in the CIP Acct. 505150-30-
11600 EQP025; $216,728.66-Funding is budgeted in Grant Acct. 515180-10-12800GRT072 -
MEMA State Homeland Security Grant Funds ($216,726.00), and DES Operating Budget
2.72)
CONCURRENCES: County Administrator
ALTERNATIVES: The County makes its own Sole Source award or processes a bid
ATTACHMENTS: 1) Quote #20160517 MCC-7POS dated May 17, 2016 based on
the City of Baltimore contract pricing, and (2) Quote# 20160524 SOMAPX dated May 24, 2016
based on City of Baltimore contract pricing
AUDIO/VISUAL NEEDS: N/A
QMOTOROLA SOLUTIONS
Date: May 17, 2016
Price Quote Quote It: 20160517 MCC-7POS
Prepared By: Mike Clampaglla Phone:(410)712-6216 CUSTOMER H: 1000248668
PREPARED FOR Mark Mades Bili To Ship to WASHINGTON COUNTY WIRELESS COMMUNICATIONS
COMPANY Washington County,MD Address Address 35 W WASHINTOON ST STE 104
PHONE HAGERSTOWN,MD 21740
FAX
Equipment Details and Pricing
QTY Model Description List Price Discount Extended
7-position MCC7500 console addition to existing console location
1 SQM01SUM0239 MASTER SITE CONFIG UPGRADE 0.00 50.00 50.00
2 CA02105AA MCC75001MCC7100 CONSOLE LIC 55,000.00 4,000.00 58,000.00
7 B1933 MOTOROLA VOICE PROCESSOR MODULE 11,920.00 59,538.00 68,752.00
7 CA01642AA ADD:MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE 512,000.00 9,600.00 87,200 00
7 CA01643AA ADD:MCC 75001 MCC 7100 TRUNKING OPERATION 55,000.00 4,000.00 28,000.00
7 CA00147AF ADD:MCC 7500 SECURE OPERATION 3,250.00 2,800 00 18,200.00
7 CA00182AB ADD:AES ALGORITHM 5750 00 800.00 54,200 00
7 CA00140AA ADO-AC LINE CORD•NORTH AMERICAN
O : n :
S »^
tp. .
l'pi` ... •aX, .. te: { e: aai,:.v:OKV:2 k\
w,WER. 4
a
7 TT2833 COMPUTER,Z440 WORKSTATION WINDOWS 7(NON RETURNABLE) 2,950.00 2.360.00 18,520.00
7 CA02835AA ADD:WINDOW SUPPLEMENTAL TRANS CONFIG 7.16 50.00 0 00 50 00
7 81905 MCC 7500 ASTRO 25 SOFTWARE 250.00 200.00 51,400 00
7 T7885 MCAFEE WINDOWS AV CLIENT 185 00 132.00 924 00
14 B1912 MCC SERIES DESKTOP SPEAKER 450.00 5360.00 55,040 00
14 81913 MCC SERIES HEADSET JACK 200.00 160.00 2,240.00
7 B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE 250.00 200.00 1.40000
ti . : ., 2r:-.- i;,:i' 2 `a .•o O" y`.;x '•"'!}i''`''`:r'"' ` yo r ' C%':->:a:w:.v r '.:,•'-'4.'',••••::::k;:•.•''''•r,fi .F: •,x.,.}., Ag:ii:e:.: .y.aa,, i k
a £fir. .... $ d j. •f} . c r4• .`Ur c..tri ? r:,••,}
a°t, +f,;G.R •. 9q;,; •3, r ..'.cl<kck'j c .,•;064","..•:,..e ` .,<,..; "''
2 ' 2t.a'a>'.
b x<
a....... r...t,'a..a.•,+fS3,.',,,5$:: .RIS.. i... 4.'a•: ... -> i'. ?• v,vr,.: r..W, ::.T ;•." y 'i' } 'nC •,,,`r2oc.:•",';.a,:,t...t{.:ia::nh r. .'4`•`}:. ..... •:,),:-•:":•‘:..;:.'t:t.:. 'e:` ??•:ani. ,,
7 RMN5080B SUPRAPLUS NC DUAL MUFF HEADSET 139.00 111.20 778.40
7 DDN2090 DUAL IRR SW USB HASP W LICENSE,SOUND CARD,&SPKRS(V47) 2,935.00 52,348.00 518.436.00_
WN a`r
237,090.40
INOMPAAMOVIRMONS 5.
Labor to Include Installation,programming and integration 563,210 00
Total Consoles 300,300.40
00011 115111 ANO SIMXI OM1
1 Pricing,terms and conditions are based upon Baltimore City,Maryland 0 07-14145/MJR
Washington County Fire Radio Build
8/10/2016
APX8000XE
UHF/7-800MHZ, AES, MultiKey, OTAR, OTAP, WiFi, Radio Management, Group Services, 4100mAH battery, Spare Battery, XE RSM
QTY Model Description List Contract Total
13 H91TGD9PW7 N APX 8000 ALL BAND PORTABLE MODEL 3.5 6,109.00 $4,398.48 57,180.24
13 QA02006 ENH: APX8000XE RUGGED RADIO 800.00 576.00 7,488.00
13 QA01427 ALT:APX 8000 HOUSING GREEN 25.00 18.00 234.00
13 0806 ADD: ASTRO DIGITAL CAI OPERATION 515.00 370.80 4,820.40
13 H38 ADD: SMARTZONE OPERATION 1 ,500.00 $1 ,080.00 14,040.00
13 Q361 ADD: P25 9600 BAUD TRUNKING 300.00 216.00 2,808.00
13 QA00580 ADD: TDMA OPERATION 450.00 324.00 4,212.00
13 QA05508 DEL: DELETE VHF BAND 800.00 -$800 00 10,400.00
13 QA05595 ALT: LIION 4100 MAH IMPRES TIA4950 DELTA-T 130.00 93 60 1,216.80
13 Q58 ADD: 3 YEAR SERVICE FROM THE START LITE 102.00 73.44 954.72
13 Q629 ENH: AES ENCRYPTION 475.00 342 00 4,446.00
0 Q49 ENH: ASTRO 25 OTAR W/ MUE_TIKEY 74O.D0 532:80 0.00
0 QA09001 Atha: WIFI CAPABILITY 300 O0 ', $216 00: 0 00
v... ...:.
O >G996 ADD: PROGRAMMING OVER P25 (OTAP) 100.00 7200.:00 0.00
13 QA09008 ADD: GROUP SERVICES 150.00 $108.00 1 ,404.00
13 T7914 Radio Management Online 0 00 0.00 0.00
13 UA00049 Radio Management Online Licenses 100.00 72.00 936.00
16 NNTN8575A RSM,IMPRES XE RSM XT CABLE GREEN 480.00 345.60 5,529.60
16 PMNN4505A BATT IMPRES 2 LIION UL2054 DIV2 R IP68 4850T 179.00 128.88 2,062.08
11,655.00 $8,167.60 96,931.84
With Desired Features
TarrDesi red Fealtu*it: ° 4, ,h Y
k>r
Chargers
0 WPLN7080 IMPRES Single-Unit Charger 125.00 90.00 0.00
3 NNTN7593A IMPRES Dual-Unit Charger 413 00 297.36
3 NNTN7065B IMPRES MULTI UNIT CHARGER 867 00 624 24
0 NNTN7624B IMPRES VEHICULAR CHARGER (FULL KIT) 429 00 308.88 0.00
Carrying Case
0 PMLN5659B APX6000 CC 2.75 SWL BL 4200MAH 67 00 48 24 0 00
0 PMLN5660B APX6000 CC 3 FIX BL 4200MAH 69 00 49.68 0 00
TAL 399,997.04
0 MOTOROLA SOLUTIONS
Date: May.24,2016
Price Quote Quote#: 20160524 SOMAPX
Prepared By: Mike Ciampaglia Phone: (410)712-6216 CUSTOMER#: 1000248668
PREPARED FOR Mark Mades BM To Ship to WASHINGTON COUNTY WIRELESS COMMUNICATIONS
COMPANY Washington County,MD Address Address: 35 W WASHINTGON ST STE 104
PHONE HAGERSTOWN,MD 21740
FAX
Equipment Details and Pricing
QTY Model Description List Price Discount Extended
State of MD Consoles-Dual Band Enabled-700-800/UHFR2
4 L3OTSS9PW1 N APX7500 CONSOLETTE DUAL BAND M 4,379.00 3,152.88 12,611.52
4 GA00244 ADD:7/800MHZ PRIMARY BAND 0.00 0.00 0.00
4 GA00346 ADD: UHF R2 MP SECONDARY BAND 400.00 288.00 1,152.00
4 QA00579 ADD:ENABLE DUAL BAND OPERATION 1,000.00 720.00 2,880.00
4 G806 ENH:ASTRO DIGITAL CAI OP APX 515.00 370.80 1,483.20
4 G51 ENH:SMARTZONE OPERATION APX 1,500.00 1,080.00 4,320.00
4 G361 ADD: P25 TRUNKING SOFTWARE 300.00 216.00 864.00
4 L998 ADD: LIMITED FRONT PANEL W/CLOCKNU 480.00 345.60 1,382.40
4 GA00580 ADD:TDMA OPERATION 450.00 324.00 1,296.00
4 G851 ADD:AES/DES-XL/DES-OFB ENCRYPTION 799.00 575.28 2,301.12
4 W969 ADD:MULTIPLE KEY ENCRYPTION OPERATION 330.00 237.60 950.40
4 GA01767 APX MOBILE RADIO AUTHENTICATION 100.00 72.00 288.00
4 CA01598 ADD:AC LINE CORD US 0.00 0.00 0.00
4 G90 ADD: NO MICROPHONE NEEDED 0.00 0.00 0.00
4 HKN6233C APX CONSOLETTE RACK MOUNT KIT 200.00 144.00 576.00
4 GA00249AB ADD:3 YEAR SERVICE FROM THE START COMPREHENSIVE 318.00 228.96 915.84
10,771.00 7,755.12 31,020.48
Antennas for Consolettes
4 DSANT770F2 TELEWAVE (734-806 MHZ)FIBERGLASS OMNI COLLINEAR ANTENNA,2.5DB GAIN 742.00 682.64 2,730.56
800 L1705 LDF4-50A CABLE: 1/2"LDF HELIAX POLY JKT PER FOOT 3.50 3.22 2,576.00
4 DDN1088 L4TNM-PSA TYPE N MALE PS FOR 1/2 IN CABLE 28.50 26.22 104.88
4 DDN1089 L4TNF-PSA TYPE N FEMALE PS FOR 1/2 IN CABLE 28.50 26.22 104.88
4 DSIS5ONXC2MA RF SPD, 125-1000MHZ DC BLOCK FLANGE MT NM ANTENNA,NF EQUIPMENT SIDE 78.00 71.76 287.04
800 L3570 FSJ4RK-50B CABLE: 1/2"SUPERFLEX FOAM COAX BLCK FIRE RETARDANT JCKT, 6.00 5.52 4,416.00
6 DDN9682 F4PNMV2-HC 1/2" TYPE N MALE PLATED CONNECTOR 32.00 29.44 176.64
6 DSSSH12 SSH-12 1/2"SNAPSTAK HANGER 1OPK 25.50 23.46 140.76
24 DSSG1206B2A SG12-06B2A 1/21N SURE GROUND GROUNDING KIT 19.00 17.48 419.52
1 Antenna Installation 34,732.00 34,732.00
35,617.96 45,688.28
CCGW for MCC Consoles
1 SQM01SUM0205 GGM 8000 GATEWAY 4,200.00 3,360.00 3,360.00
1 CA02108AA ADD: DIRECT SHIP(NO STAGING) 0.00 0.00 0.00
1 CA01616AA ADD:AC POWER 0.00 0.00 0.00
1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY 6,000.00 4,800.00 4,800.00
10,200.00 8,160.00 8,160.00
Project Labor
1 Installation, Engineering,Project Mangement 37,173.00 37,173.00
TOTAL 122,041.76
QUOTE TERMS AND CONDITIONS:
1. Pricing,terms and conditions are based upon Baltimore City,Maryland #07-14145/MJR
Washington County Fire Radio Build
9/6/2016
APX8000XE
UHF/7-800MHZ,AES,MultiKey,OTAR,OTAP,WiFi,Radio Management,Group Services,4100mAH battery,Spare Battery,XE RSM
QTY Model Description List Contract Total
12 H91TGD9PW7 N APX 8000 ALL BAND PORTABLE MODEL 3.5 6,109.00 $4,398.48 $52,781.76
12 QA02006 ENH:APX8000XE RUGGED RADIO 800.00 576.00 $6,912.00
12 QA01427 ALT:APX 8000 HOUSING GREEN 25.00 18.00 $216.00
12 Q806 ADD:ASTRO DIGITAL CAI OPERATION 515.00 370.80 $4,449.60
12 H38 ADD:SMARTZONE OPERATION 1,500.00 $1,080.00 $12,960.00
12 Q361 ADD:P25 9600 BAUD TRUNKING 300.00 216.00 $2,592.00
12 QA00580 ADD:TDMA OPERATION 450.00 324.00 $3,888.00
12 QA05508 DEL:DELETE VHF BAND 800.00 -$800.00 -$9,600.00
12 QA05595 ALT:LIION 4100 MAH IMPRES TIA4950 DELTA-T 130.00 93.60 $1,123.20
12 Q58 ADD:3 YEAR SERVICE FROM THE START LITE 102.00 73.44 $881.28
12 Q629 ENH:AES ENCRYPTION 475.00 342.00 $4,104.00
O Q498 ENH:ASTRO 25 OTAR W/MULTIKEY 740 00 532.80 0.00
0 QA09001 ADD.WIFI CAPABILITY 300 00 216.00 0.00
0 G996 ADD PROGRAMMING OVER P25(OTAP) 100.00 72.00 0.00
12 QA09008 ADD GROUP SERVICES 150.00 108.00 $1,296.00
12 T7914 Radio Management Online 0 00 0.00 0.00
10 UA00049 Radio Management Online Licenses 100 00 72.00 $720.00
15 NNTN8575A RSM,IMPRES XE RSM XT CABLE GREEN 480 00 345.60 $5,184.00
16 PMNN4505A BATT IMPRES 2 LIION UL2054 DIV2 R IP68 4850T 179.00 128.88 $2,062.08
11,655.00 $8,167.60 $89,569.92
With Desired Features
Noir-Desitsd,Feature@:,
Chargers
0 WPLN7080 IMPRES Single-Unit Charger 125.00 90.00 0.00
NNTN7593A IMPRES Dual-Unit Charger 413.00 297.36 0.00
1 NNTN7065B IMPRES MULTI UNIT CHARGER 867.00 624.24 $624.24
12 NNTN7624B IMPRES VEHICULAR CHARGER(FULL KIT) 429.00 308.88 $3,706.56
Carrying Case
O PMLN5659B APX6000 CC 2.75 SWL BL 4200MAH 67.00 48.24 0.00
O PMLN5660B APX6000 CC 3 FIX BL 4200MAH 69.00 49.68 0.00
14 DSDR11207526 TALON RADIO CARRIER D-RING STYLE-Fit The High-Cap Battery 72.00 56.16 $786.24
Total $94,686.96
k • Washington County 'Board of County Commissioners of Washington County,Maryland
a MARYLAND Agenda Report Form
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (Rental) of Electronic
Monitoring Equipment/Services for Washington County Sheriff's Office
PRESENTATION DATE: September 13, 2016
PRESENTATION BY: Karen R. Luther, CPPO — Director of Purchasing and
Major Craig Rowe, Warden—Washington County Detention Center
RECOMMENDED MOTION: Move to authorize by Resolution the approval of rental of
electronic monitoring equipment/services from BI Correctional Services, Inc. of Boulder,
Colorado at unit prices of: $3.25 per unit/day per ExacuTrack One (GPS), $4.45 per
unit/day per LOC8 (GPS); and $5.95 per unit/day per SL2 (Alcohol), based on the contract
awarded by the County of Stanislaus, CA (RFP 15-44-CB).
REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County
grants authorization for the County to procure goods or services under contracts entered into by
other government entities. On items over $50,000, a determination to allow or participate in an
intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate
that the participation will provide cost benefits to the county or result in administrative
efficiencies and savings or provide other justification for the arrangement.
Acquisition of the equipment by "piggy-backing" the Stanislaus County bid and eliminating our
County's bid process would result in administrative efficiencies for both the Sheriff's
Department and the Purchasing Department as well as overall better pricing due to economies of
scale offered by the subject contract. Stanislaus County (population of 514,453) processed an
RFP for electronic monitoring equipment/services and received four (4) proposals with BI
Correctional Services, Inc. being awarded the contract. The contract term is from April 1, 2016
to March 31, 2021.
The County's electronic monitoring program began in 1997. Due to the age of the equipment
presently utilized, BI will no longer provide maintenance on the equipment. The existing
equipment also uses landline technology. Today, not every offender has landline technology at
their place of residence. The proposed equipment/services can utilize cellular phone service.
DISCUSSION: N/A
FISCAL IMPACT: Funding is budgeted in FY'17 as follows: $52,745 in 535055-10-
11321 (Day Reporting Center)and$30,120 in 535055-10-11320(Detention Center)
CONCURRENCES: Sheriff
ALTERNATIVES: The County processes its own bid/proposal
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Washington County Board of County Commissioners of Washington County,Maryland
MARYLAND Agenda Report Form
T76
Open Session Item
SUBJECT: Designation Resolution for TIF Financing Requested by Dot Foods, Inc.
PRESENTATION DATE: September 13, 2016
PRESENTATION BY: Debra S. Murray, Chief Financial Officer, and Lindsey A. Rader,
Bond Counsel
RECOMMENDED MOTION: Move to approve the resolution providing for the
designation by the Board of County Commissioners of Washington County (the"Board")of a
contiguous area within Washington County as the "Conococheague Development District",the
establishment of the"Conococheague Development District Tax Increment Fund",pledging to
deposit the incremental tax revenues provided for in such resolution to such fund, and providing
for the use and application of moneys in such fund, as presented.
REPORT-IN-BRIEF: County Commissioners of Washington County (the"County")has
offered certain potential incentives to Dot Foods, Inc. ("DFI")to expand its business currently
located in the County at 16301 Elliott Parkway, Williamsport, including tax increment financing
TIF"). Under the Maryland Tax Increment Financing Act(the "TIF Act"), any TIF agreed to
by the County will require the County to (i)designate a contiguous area as a"development
district", (ii) create a"special fund", and(iii)pledge to deposit to the"special fund"until any
TIF bonds issued by the County(including refunding TIF bonds)are paid that portion of the
County's normal real property ad valorem taxes collected from property in the development
district that is allocable to the increase in value of such real property over the original assessable
base established with respect to such property in accordance with the TIF Act. Pursuant to the
TIF Act, the original assessable base of real property within the development district is pegged at
the value in effect on January 1 of the calendar year prior to the calendar year in which a
development district is designated by resolution; so, if the proposed resolution is adopted,the
original assessable base of real property within the contemplated development district will be
fixed as of January 1, 2015. The proposed resolution provides for(i) establishment of the
Conococheague Development District"as a development district for purposes of the TIF Act,
ii) establishment of the"Conococheague Tax Increment Fund"as a special fund for purposes of
the TIF Act, (iii)the calculation and deposit to such special fund of incremental tax revenues
collected from properties in such development district, (iv)the use and application of moneys
deposited to such special fund, and(v) a sunset date of December 31, 2017 as of which such
resolution will be automatically revoked if no "bonds" (within the meaning of the TIF Act) are
issued to finance costs of infrastructure improvements within or related to such development
district and other costs permitted by the TIF Act by that date. DFI proposes to purchase any TIF
1 of 3
bonds issued for initial financing purposes and such TIF bonds will be issued on a taxable basis;
a single TIF bond is anticipated. The proposed resolution further provides that(i)to the extent
any TIF bonds issued to DFI or an affiliate of DFI for initial financing purposes are not paid in
full by their approximately 30-year maturity date, incremental tax revenues will continue to be
deposited to the special fund for two (2)years of real property tax collection cycles beyond the
stated maturity date (in order to make up any debt service deficiency) and (ii) any excess
incremental tax revenues will be applied to prepay or redeem any TIF bonds issued to DFI or an
affiliate of DFI for initial financing purposes (subject to any minimum amount required to be
applied for such purpose provided for in the TIF bond documents).
DISCUSSION: Adoption of the proposed resolution does not obligate the County to issue
TIF bonds as requested by DFI, but evidences the County's intention to proceed with the
requested TIF financing assuming the parties are able to negotiate satisfactory bond issuance
terms. Before any TIF bonds are issued(i)the Board will need to pass a bond ordinance in
accordance with the TIF Act authorizing the maximum principal amount of TIF bonds to be
issued, specifying the maximum interest rate for such TIF bonds and delegating to the President
of the Board authority to determined final details of the financing, (ii) County staff, the County's
bond counsel and financial advisor, and DFI representatives and DFI's counsel will negotiate and
prepare documents providing for the financing and(iii)the President of the Board will deliver
one or more executive orders finalizing TIF bond details and approving the bond documents.
FISCAL IMPACT: Beginning in fiscal year 2018, any incremental tax revenues collected with
respect to the development district must be deposited in the established special fund. Until any
TIF bonds are issued, any such collected incremental tax revenues may be used for any legal
purpose determined by the County in accordance with its budgetary procedures (including
retention in the special fund to pay debt service on TIF bonds). (That portion of the normal ad
valorem real property tax assessed against the original base of property within the development
district will continue to be deposited to the General Fund; MuniCap, Inc. has preliminarily
estimated such amount as approximately$204,814 per year.) Once any TIF bonds issued to DFI
or an affiliate of DFI for initial financing purposes are outstanding, and for a period of up to two
real property tax collection cycles beyond the stated maturity date of such TIF bonds if not paid
by their stated maturity, no excess incremental tax revenues will be available to the County for
other purposes. Any TIF bonds will NOT be backed by a pledge of the County's full faith and
credit and unlimited taxing power, and the County will have no obligation to pay such TIF bonds
except from collected incremental tax revenues in accordance with the TIF Act.
CONCURRENCES: Gregory B. Murray, County Administrator, and John M.
Martirano, County Attorney.
ALTERNATIVES: If the County and DFI cannot agree on a TIF bond structure that is
satisfactory to DFI, DFI may not pursue its proposed expansion.
2 of 3
ATTACHMENTS: Proposed Resolution.
AUDIO/VISUAL NEEDS: N/A
3 of
RESOLUTION NO.RS-2016-
A RESOLUTION FOR THE PURPOSE OF MAKING CERTAIN FINDINGS AND
DETERMINATIONS; DESIGNATING A CONTIGUOUS AREA WITHIN COUNTY
COMMISSIONERS OF WASHINGTON COUNTY (THE"COUNTY") AS A
DEVELOPMENT DISTRICT' AS THAT TERM IS USED IN SECTIONS 12-201
THROUGH 12-213, INCLUSIVE, OF THE ECONOMIC DEVELOPMENT ARTICLE OF
THE ANNOTATED CODE OF MARYLAND (THE "TAX INCREMENT FINANCING
ACT"), SUCH DEVELOPMENT DISTRICT TO BE KNOWN AS THE"CONOCOCHEAGUE
DEVELOPMENT DISTRICT;" PROVIDING FOR, AND DETERMINING, VARIOUS
MATTERS IN CONNECTION WITH THE ESTABLISHMENT OF SUCH DEVELOPMENT
DISTRICT; CREATING A TAX INCREMENT FUND WITH RESPECT TO THE
DEVELOPMENT DISTRICT; ALLOCATING CERTAIN INCREMENTAL COUNTY REAL
PROPERTY TAX REVENUES WITH RESPECT TO THE DEVELOPMENT DISTRICT TO
BE PAID OVER TO THE TAX INCREMENT FUND AS PROVIDED IN THE TAX
INCREMENT FINANCING ACT; AUTHORIZING COUNTY OFFICIALS, OFFICERS AND
EMPLOYEES TO TAKE CERTAIN FURTHER ACTIONS; PROVIDING FOR A SUNSET
DATE WITH RESPECT TO THIS RESOLUTION; PROVIDING THAT THE PROVISIONS
OF THIS RESOLUTION SHALL BE LIBERALLY CONSTRUED; PROVIDING THAT THE
PROVISIONS OF THIS RESOLUTION ARE SEVERABLE; AND GENERALLY RELATING
TO THE CONOCOCHEAGUE DEVELOPMENT DISTRICT.
RECITALS
1. Sections 12-201 through 12-213,inclusive, of the Economic Development Article
of the Annotated Code of Maryland (the "Tax Increment Financing Act") authorize a
county or a municipal corporation (referred to in the Tax Increment Financing Act as a"political
subdivision") to establish a "development district" (as such term is used in the Tax Increment
Financing Act) and a "special fund" (as such term is used in the Tax Increment Financing Act)
into which real property taxes levied by the political subdivision on the "tax increment" (as such
term is used in the Tax Increment Financing Act) of properties located in the development
district shall be deposited.
2. The Tax Increment Financing Act further provides that a political subdivision
may issue "bonds" (as such term is used in the Tax Increment Financing Act) in order to finance
the new development, redevelopment, revitalization and renovation of an industrial, commercial
or residential area by paying for (i) the cost of a variety of activities specified in the Tax
Increment Financing Act pertaining to improvements generally subject to characterization as
public improvements or infrastructure improvements; (ii) reserves or capitalized interest; (iii)
necessary costs of issuing such bonds; and (iv)the principal of and interest on loans, advances or
indebtedness incurred by a political subdivision for any of the foregoing purposes.
3. The Tax Increment Financing Act provides that any such bonds shall be payable
from the special fund established in accordance with Section 12-208 of the Tax Increment
Financing Act and the political subdivision may also establish sinking funds and debt service
reserve funds, and pledge other assets and revenues toward the payment of such bonds.
4. Dot Foods, Inc., an Illinois corporation (the "Company"), maintains a food
distribution business at 16301 Elliott Parkway, Williamsport, Maryland, which is located in an
unincorporated area of Washington County, Maryland. The Company is the owner of four
parcels of land located in the area of the existing business. The Company intends to construct a
new truck maintenance facility and a parking area/truck staging area and renovate an existing
warehouse and construct a warehouse expansion in order to expand its business in Washington
County.
5. The Company has requested that County Commissioners of Washington County
the "County"), as permitted by the Tax Increment Financing Act, participate in the financing or
reimbursement of a portion of the costs of certain infrastructure improvements, including parking
improvements and, potentially, any other improvements that meet the requirements of the Tax
Increment Financing Act, that will support and enhance the Company's operations. The
Company has identified seven (7)parcels of land, which, together with certain other property as
described herein, comprise a contiguous area as required by the Tax Increment Financing Act.
The County constitutes a "political subdivision" for purposes of the Tax Increment Financing
Act.
6. The Company has requested that, in order to facilitate the obtaining of financing
for project development purposes and take the first step necessary to evidence the County's
intention to provide tax increment financing as described in this Resolution, the County adopt
this Resolution in order to create the contemplated development district, pledge its incremental
tax revenues to support payment of bonds issued by the County under the Tax Increment
Financing Act and other allowable expenditures, and establish the special fund required by the
Tax Increment Financing Act.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY,THAT:
Section 1. DEFINITIONS; RULES OF CONSTRUCTION.
a) For purposes of this Resolution, the capitalized terms defined in the Recitals
hereto shall have the meanings therein set forth (unless also defined in this Section 1) and, in
addition,the following capitalized terms shall have the meanings set forth below:
1) "Adjusted Assessable Base" means the fair market value of real property
that qualifies for a farm or agricultural use under Section 8-209 of the Tax-Property Article of
the Annotated Code of Maryland, without regard to the agricultural use assessment for the
property as of January 1 of that year preceding the effective date of this Resolution creating the
Development District under Section 12-203 of the Tax Increment Financing Act.
2) "Assessable Base" means the total assessable base, as determined by the
Supervisor of Assessments (as such term is used in the Tax Increment Financing Act), of all real
property subject to taxation in the Development District.
3) "Assessment Ratio" means a real property tax assessment ratio, however
designated or calculated, that is used under applicable general law to determine the Assessable
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Base, including the assessment percentage as provided under Section 8-103(c) of the Tax-
Property Article of the Annotated Code of Maryland.
4) "Board" means the Board of County Commissioners of Washington
County. The Board constitutes the "governing body" of the County contemplated by the Tax
Increment Financing Act.
5) "Bonds"means any revenue bonds or bond, notes or note, or other similar
instruments or instrument issued in one or more series from time to time by the County pursuant
to the authority of the Tax Increment Financing Act in order to initially finance costs of
infrastructure improvements with respect to the Development District (including infrastructure
improvements within or,to the extent permitted by the Tax Increment Financing Act, outside the
Development District).
6) "County" means County Commissioners of Washington County, a body
politic and corporate and a political subdivision of the State of Maryland. The County is a
political subdivision"within the meaning of the Tax Increment Financing Act.
7) "Development District" means the contiguous area in the County
designated in Section 3 of this Resolution as a development district with the name
Conococheague Development District" pursuant to the authority of the Tax Increment
Financing Act and identified on Exhibit A to this Resolution.
8) "Indenture" means any indenture of trust, trust indenture, trust agreement
or similar document (howsoever named) entered into by the County with a trustee identified
therein or with the holders of any Bonds or Refunding Bonds in connection with the issuance of
any Bonds or Refunding Bonds, as amended, modified or supplemented from time to time. As
used in this Resolution, Indenture shall be deemed to include and refer to any document that
contains details regarding the terms and provisions of, and security for, any series of Bonds or
Refunding Bonds and is commonly known as a "financing agreement", a "bond and financing
agreement",a"development agreement"or by a similar name.
9) "Original Base" means the Assessable Base as of January 1 of the year
preceding the effective date of this Resolution (which calculated date is, accordingly, January 1,
2015).
10) "Original Full Cash Value"means the dollar amount that is determined by
dividing the Original Base by the Assessment Ratio used to determine the Original Base.
11) "Original Taxable Value"means, for any Tax Year, the dollar amount that
is:
A) the Adjustable Assessable Base, if an Adjusted Assessable Base
applies; or
B) in all other cases,the lesser of:
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i) the product of multiplying the Original Full Cash Value by
the Assessment Ratio applicable to that Tax Year; and
ii) the Original Base.
12) "Refunding Bonds" means any revenue bonds or bond, notes or note, or
other similar instruments or instrument issued in one or more series from time to time by the
County to refund any of the Bonds and to pay other costs permitted by the Tax Increment
Financing Act with respect to the Development District.
13) "Tax Increment" means for any Tax Year, the amount by which the
Assessable Base as of January 1 of the preceding Tax Year exceeds the Original Taxable Value
divided by the Assessment Ratio used to determine the Original Taxable Value.
14) "Tax Increment Fund" means the special fund established in Section 5 of
this Resolution with the designation "Conococheague Development District Tax Increment
Fund" or as otherwise described in Section 5 of this Resolution. The Tax Increment Fund is the
special fund" referred to in the Tax Increment Financing Act with respect to the Development
District.
15) "Tax Year" means the period from July 1 of a calendar year through June
30 of the next calendar year.
b) The Recitals to this Resolution are deemed a substantive part of this Resolution
and are incorporated herein by reference.
c) Certain other capitalized terms used in this Resolution are defined in specific
Sections of this Resolution and shall have the meanings given to such capitalized terms in such
Sections.
d) References in this Resolution (i)to provisions of the Annotated Code of Maryland
or to the County Code (as defined in subsection (g) below), including to the Tax Increment
Financing Act, shall be to such provisions, as replaced, supplemented or amended from time to
time, and (ii) to terms also defined in the Tax Increment Financing Act are to be construed in
accordance with the provisions of the Tax Increment Financing Act, and in the event of any
inconsistency between such terms as used in this Resolution and the Tax Increment Financing
Act,the provisions of the Tax Increment Financing Act shall control.
e) References in this Resolution to "infrastructure improvements" are intended to
include the activities relating to improvements generally characterized as infrastructure
improvements or public improvements to the costs of which proceeds of bonds may be applied in
accordance with the provisions of the Tax Increment Financing Act.
f) References in this Resolution to "finance" or "financing" are intended to include
reimburse"or"reimbursing", as applicable.
g) References in this Resolution to any County official by title shall be deemed to refer
i) to any official authorized under the Code of Public Local Laws of Washington County,
4 -
Maryland, as replaced, supplemented or amended from time to time (the "County Code") or other
applicable law or authority to act in such titled official's stead during the absence or disability of
such titled official, (ii) to any person who has been elected, appointed or designated to fill such
position in an acting capacity under the County Code or other applicable law or authority, (iii) to
any person who serves in a "Deputy", "Associate" or "Assistant" capacity as such an official,
provided that the applicable responsibilities, rights or duties referred to herein have been delegated
to such deputy, associate or assistant official in accordance with the County Code or other
applicable law or authority, and/or (iv) to the extent an identified official commonly uses another
title not provided for in the County Code the official, however known, who is charged under the
County Code or other applicable law or authority with the applicable responsibilities, rights or
duties referred to herein.
Section 2. FINDINGS AND DETERMINATIONS. Acting pursuant to the authority
of the Tax Increment Financing Act, it is hereby found and determined that:
a) the creation of the Development District provided for in Section 3 of this
Resolution, which is a contiguous area within the geographic boundaries of the County, as a
development district within the meaning of the Tax Increment Financing Act,the issuance by the
County from time to time of one or more series of Bonds pursuant to the Tax Increment
Financing Act in order to initially finance costs and activities permitted by the Tax Increment
Financing Act relating to the Development District, and the issuance by the County from time to
time of one or more series of Refunding Bonds pursuant to the Tax Increment Financing Act and
other applicable law in order to refinance costs and activities permitted by the Tax Increment
Financing Act relating to the Development District, will serve the public purposes of providing
infrastructure improvements permitted by the Tax Increment Financing Act, indirectly enhancing
the taxable base of the County, encouraging the development of commerce and industry within
the County, and increasing employment within the County through the provision of the
contemplated infrastructure improvements within or, to the extent permitted by the Tax
Increment Financing Act, outside the Development District; and
b) any Bonds or Refunding Bonds issued by the County pursuant to the authority of
the Tax Increment Financing Act and any other applicable law to finance or refinance the cost of
infrastructure improvements within or, to the extent permitted by the Tax Increment Financing
Act, outside the Development District, shall be a special obligation of the County and may not
constitute a general obligation debt of the County, a pledge of the County's full faith and credit
or taxing power, or a pledge of any other assets or revenues of the County otherwise permitted to
be pledged for such purpose in accordance with the provisions of the Tax Increment Financing
Act, and the County shall not be obligated to pay debt service on such Bonds or Refunding
Bonds except from moneys required to be deposited into the Tax Increment Fund; and
c) the proposed Development District is located wholly within the geographic
boundaries of the County.
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Section 3. DESIGNATION OF DEVELOPMENT DISTRICT.
a) A contiguous area of the County consisting of the real property outlined in the
map attached hereto as Exhibit A is hereby designated as a development district(to be known as
the "Conococheague Development District" and as referred to in this Resolution as the
Development District")pursuant to Section 12-203 of the Tax Increment Financing Act. The
Development District shall consist of the property identified in Exhibit A attached to this
Resolution, and all adjoining roads,highways, alleys,rights of way and other similar property in
order to form a contiguous area as shown on the map attached hereto as Exhibit A. The
Development District includes the following seven (7) parcels of property, currently identified
by the account identification numbers used in the Maryland State Department of Assessments
and Taxation records and approximate acreage (in addition to all adjoining roads, highways,
alleys, rights of way and other similar property necessary in order to form a contiguous area
together with such parcels):
Account Identifier Approximate Acreage
02 018144 17.00
02 022761 33.60
02 065545 9.01
02 022745 66.83
02 017520 2.00
02 019345 4.47
02 020505 4.25
b) The boundaries of the Development District may be modified prior to and after
the issuance of any Bonds or Refunding Bonds as provided in Section 4 of this Resolution. It is
intended by the designation of the Development District that any portion of the real property
currently located in the Development District that is subsequently further subdivided or
transferred to another party or combined with one or more additional parcels of real property,
including parcels located outside the current boundaries of the Development District, shall
continue to be within the Development District and subject to the provisions of the Tax
Increment Financing Act, notwithstanding such subdivision,transfer or combining.
Section 4. MODIFICATION OF DEVELOPMENT DISTRICT. This Resolution
may be amended by one or more resolutions of the Board, which resolutions may enlarge or
reduce the Development District. No such resolution shall be effective to reduce the size of the
Development District so long as there are any Bonds or Refunding Bonds outstanding pursuant
to the Tax Increment Financing Act, unless the ordinance with respect to such Bonds or
Refunding Bonds permits the County to reduce the area constituting the Development District or
the applicable percentage of the holders of such Bonds or Refunding Bonds specified in the
Indenture or a representative on their behalf consents to any such reduction.
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Section 5. CREATION AND FUNDING OF TAX INCREMENT FUND.
a) There is hereby established a special fund within the meaning of the Tax
Increment Financing Act to be designated the "Conococheague Development District Tax
Increment Fund" (the "Tax Increment Fund"). Prior to the issuance of any Bonds the Tax
Increment Fund may be used by the County for any of the purposes set forth in Section 12-209 of
the Tax Increment Financing Act, including payments to the County for application to any legal
purpose.
b) The President of the Board (the "President of the Board"), the County
Administrator of the County (the "County Administrator") or the Chief Financial Officer of the
County (the "Chief Financial Officer") (or other appropriate officers or employees working
under the direction of any such identified official), on behalf of the County, following the
effective date of this Resolution, but before any Bonds are issued, is each hereby authorized and
directed to obtain or cause to be obtained from(i) the Supervisor of Assessments(as such term is
used in the Tax Increment Financing Act), a certification as to the amount of the Original Base
or, if applicable, the Adjusted Assessable Base, and (ii) the appropriate party, the Assessment
Ratio used in determining the Original Base.
c) The County hereby pledges that beginning with the Tax Year following the
effective date of this Resolution and until the Bonds and any Refunding Bonds have been fully
paid, the taxes levied on real property within the Development District shall be divided as
follows:
i) the portion of the taxes that would be produced at the current tax rate on
the Original Taxable Value shall be paid to the respective taxing authorities in the same
manner as taxes on other property are paid; and
ii) the portion of the taxes on the Tax Increment that normally would be paid
into the general fund of the County shall be paid into the Tax Increment Fund to be
applied in accordance with the provisions of Section 7 of this Resolution and Section 12-
209 of the Tax Increment Financing Act. The taxes collected under this subsection (c)(ii)
shall not be considered a tax of the County for the purposes of any constant yield tax
limitation or State of Maryland or local restriction. No State of Maryland real property
taxes may be paid into the Tax Increment Fund.
Notwithstanding the foregoing provisions of this subsection(c),with respect to any Bonds issued
to the Company or an affiliate of the Company, and as requested by the Company, the County
agrees that the portion of the taxes to be paid into the Tax Increment Fund in accordance with
clause (ii) above shall continue to be paid into the Tax Increment Fund for a period of two (2)
real property tax collection cycles beyond the approximately 30-year stated maturity date of such
Bonds in the event such Bonds have not been paid in full by their stated maturity.
d) The Chief Financial Officer or other appropriate fiscal officials or officers of the
County are each hereby directed and authorized to deposit or cause to be deposited in the Tax
Increment Fund all taxes received by the County for any Tax Year commencing after the
7 -
effective date of this Resolution that represent the levy on the Tax Increment referred to in
subsection(c)(ii)above.
e) The President of the Board, the County Administrator,the Chief Financial Officer
and other appropriate officials, officers and employees of the County, to the extent applicable,
are hereby authorized to take all necessary steps in order to establish and manage the Tax
Increment Fund while held by the County.
f) Notwithstanding the foregoing provisions of this Section 5, the County may
provide that the Tax Increment Fund shall be held by an agent of the County, or the trustee for
the holders of any Bonds or Refunding Bonds under the Indenture, rather than by the County,
and the appropriate officials, officers or employees of the County are hereby authorized to make
arrangements therefor, within any limitations provided for in the Tax Increment Financing Act.
g) The County acknowledges that neither the rate at which County taxes are levied
on real property within the Development District nor the manner of assessment of the value of
real property within the Development District is to vary from the rate or manner of assessment
that otherwise would have applied if the Development District were not designated and the Tax
Increment Fund not created, except to the extent that a specific valuation adjustment is mandated
by the Tax Increment Financing Act for real property that qualifies for farm or agricultural use or
by future amendments to the Tax Increment Financing Act.
Section 6. ISSUANCE OF BONDS. Any Bonds or Refunding Bonds shall be
issued from time to time pursuant to an ordinance or ordinances enacted by the Board in
accordance with the provisions of the Tax Increment Financing Act for the purpose of providing
funds for the financing or refinancing of the costs of infrastructure improvements permitted by
the Tax Increment Financing Act and other purposes and costs permitted by the Tax Increment
Financing Act. Such ordinance or ordinances shall specify or provide for, in general detail, the
infrastructure improvements to be financed through the issuance of the Bonds, and shall
otherwise conform to the requirements of the Tax Increment Financing Act and this Resolution,
as applicable.
Section 7. USE OF MONEYS IN TAX INCREMENT FUND.
a) If no Bonds or Refunding Bonds are outstanding and the Board so determines,
moneys in the Tax Increment Fund may be:
i) used for any other purposes described in Section 12-209(a) of the Tax
Increment Financing Act (which references Section 12-207 of the Tax Increment
Financing Act);
ii) accumulated for payment of debt service on Bonds or Refunding Bonds to
be subsequently issued under the Tax Increment Financing Act;
8 -
iii) used to pay or reimburse the County for debt service which the County is
obligated to pay or has paid(whether such obligation is a general or limited obligation of
the County) on bonds issued by the State of Maryland, a political subdivision (within the
meaning of the Tax Increment Financing Act), the proceeds of which have been used for
any of the purposes specified in Section 12-207 of the Tax Increment Financing Act; or
iv) paid to the County to provide funds to be used for any legal purposes as
may be determined by the County.
b) As long as any Bonds or Refunding Bonds are outstanding and the Board so
determines,moneys in the Tax Increment Fund may be used as provided in subsection (a)of this
Section 7 in any fiscal year of the County as determined by the Board,but only to the extent that:
i) the balance in the Tax Increment Fund exceeds the unpaid debt service
payable on such Bonds or Refunding Bonds in such fiscal year and the Tax Increment
Fund is not restricted so as to prohibit the use of such moneys; and
ii) such use is not prohibited by the ordinance authorizing the issuance of the
applicable Bonds or Refunding Bonds,the Indenture or any agreement entered into by the
County in accordance with Section 12-210(a) of the Tax Increment Financing, as
applicable.
Notwithstanding the foregoing, with respect to any Bonds issued to the Company or an affiliate
of the Company, moneys remaining on deposit in the Tax Increment Fund in any fiscal year,
after provision for payment of debt service on the Bonds and any administrative expenses in
accordance with the provisions of the Indenture, shall be applied to prepay or redeem such Bonds
including, without limitation, to pay accrued interest), subject to any minimum amount to be
used for such purpose specified in the Indenture.
Section 8.FURTHER AUTHORIZATIONS. The President of the Board, the
County Administrator,the Chief Financial Officer and all other appropriate officials, officers and
employees of the County are hereby further authorized to undertake all such acts and negotiate,
approve and execute such other documents, certificates or instruments as shall be deemed
necessary or desirable by them or upon the advice of counsel, to the extent such activities are
within the scope of their authority, in order to facilitate the transactions contemplated by this
Resolution, subject to any limitations specified in the Tax Increment Financing Act.
Section 9. SUNSET DATE. In the event no Bonds are issued pursuant to the Tax
Increment Financing Act for the purposes contemplated by this Resolution on or before
December 31, 2017, this Resolution shall be automatically revoked without further action by the
Board and shall be considered terminated, null and void; provided that, in such event the Board
and appropriate officials, officers and employees of the County may take such actions as may be
necessary in accordance with the provisions of the Tax Increment Financing Act to provide for
the expenditure or transfer of any moneys then on deposit in the Tax Increment Fund subsequent
to such date.
9 -
Section 10. LIBERAL CONSTRUCTION. The provisions of this Resolution shall
be liberally construed in order to effectuate the transactions contemplated by this Resolution.
Section 11. SEVERABILITY. The provisions of this Resolution are severable, and if
any provision, sentence, clause, section or part hereof is held or determined to be illegal, invalid
or unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or
unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this Resolution or their application to other persons or
circumstances. It is hereby declared to be the legislative intent that this Resolution would have
been passed if such illegal, invalid, unconstitutional or inapplicable provision, sentence, clause,
section or part had not been included herein, and as if the person or circumstances to which this
Resolution or any part hereof are inapplicable had been specifically exempted herefrom.
CONTINUED ON FOLLOWING PAGE]
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Section 12. EFFECTIVENESS OF RESOLUTION. This Resolution shall take effect
from the date of its adoption.
Adopted this day of 2016.
SEAL)
ATTEST:COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
By:
Vicki C. Lumm Terry L. Baker,President
County Clerk Board of County Commissioners
of Washington County
Approved as to form and legal sufficiency:
John M.Martirano
County Attorney
189476;50052.024
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EXHIBIT A
MAP OF DEVELOPMENT DISTRICT
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