Reference No. CB-108-2017    Draft No. 1
Type: Council Bill Status: Enacted
Meeting Body County Council
Meeting Date 11/14/2017
Introduced Date 10/17/2017 Public Hearing Date 11/14/2017 @ 10:00 AM
Effective date: 1/22/2018    
Title: AN ACT CONCERNING THE ISSUANCE AND SALE OF SPECIAL OBLIGATION BONDS FOR THE WESTPHALIA TOWN CENTER DEVELOPMENT DISTRICT AND WESTPHALIA TOWN CENTER SPECIAL TAXING DISTRICT for the purpose of providing that special obligation bonds may be issued from time to time under the provisions of this Act, Sections 12-201 through 12-213 of the Economic Development Article of the Annotated Code of Maryland, as amended (the “Tax Increment Financing Act”), Section 10-269 of the Prince George’s County Code, as amended, and Sections 21-501 through 21-518 and Section 21-523 of the Local Government Article of the Annotated Code of Maryland, as amended (collectively with Section 10-269 of the Prince George’s County Code, the “Special Taxing District Act,” and together with the Tax Increment Financing Act, the “Acts”), CR-76-2016 of the County Council of Prince George’s County, Maryland and CR-77-2016 of the County Council of Prince George’s County, in an amount not to exceed the aggregate principal amoun...
Proposers/Sponsors: County Executive, Andrea C. Harrison, Todd M. Turner, Derrick Leon Davis, Mel Franklin
Attachments: 1. B2017108, 2. CB-108-2017 Special Tax Report, 3. CB-108-2017 AIS.pdf, 4. CB-108-2017 Report, 5. CB-108-2017 Transmittal, 6. CB-108-2017 Fiscal Impact, 7. CB-108-2017 Comment, 8. Westphalia Town Center Project - Walton - PSFM - October 5th - 2017 - Final
Contact: Bond Counsel Sean Dixon, Office of Law

Title

AN ACT CONCERNING THE ISSUANCE AND SALE OF SPECIAL OBLIGATION BONDS FOR THE WESTPHALIA TOWN CENTER DEVELOPMENT DISTRICT AND WESTPHALIA TOWN CENTER SPECIAL TAXING DISTRICT for the purpose of providing that special obligation bonds may be issued from time to time under the provisions of this Act, Sections 12-201 through 12-213 of the Economic Development Article of the Annotated Code of Maryland, as amended (the “Tax Increment Financing Act”),  Section 10-269 of the Prince George’s County Code, as amended, and Sections 21-501 through 21-518 and Section 21-523 of the Local Government Article of the Annotated Code of Maryland, as amended (collectively with Section 10-269 of the Prince George’s County Code, the “Special Taxing District Act,” and together with the Tax Increment Financing Act, the “Acts”), CR-76-2016 of the County Council of Prince George’s County, Maryland and CR-77-2016 of the County Council of Prince George’s County, in an amount not to exceed the aggregate principal amount of Forty-Two Million Dollars ($42,000,000) in order for the County to finance or reimburse, in accordance with the Acts, costs related to the construction and installation of certain of the public infrastructure improvements as more particularly described herein; making certain findings and determinations, among others, concerning the public benefit and purpose of such special obligation bonds, including that prior to the issuance of such bonds the criteria set forth in CR-38-2011, including but not limited to the “But-For Test,” the “Trigger Mechanism/Look Back Provision,” LMBE participation and the impact of the County credit/bond rating, have been satisfied; providing that such special obligation bonds authorized to be issued hereby shall be payable, first, from the amounts levied and deposited in the Tax Increment Fund (as defined in the Development District Formation Resolution) and, secondly, to the extent the Tax Increment Fund does not contain monies in an amount sufficient for payment of debt service on such special obligation bonds and to the extent amounts are required for deposit in funds and accounts created within the indenture providing for the issuance of the special obligation bonds to replenish deficiencies therein and to pay the administrative expenses of the County, from the special tax to be levied and deposited in the Special Taxing District Fund (as defined in the Special Taxing District Formation Resolution) and that the special obligation bonds shall not constitute a general obligation debt of the County or a pledge of the County’s full faith and credit or taxing power other than the taxes representing the levy on the Tax Increment (as defined in the Development District Formation Resolution) and the Special Tax (as defined in the Special Taxing District Formation Resolution); authorizing the County Executive of the County to specify, prescribe, determine, provide for and approve certain details, forms, documents or procedures in connection with such special obligation bonds issued hereunder and any other matters necessary or desirable in connection with the authorization, issuance, sale and payment of such special obligation bonds; authorizing the County Executive to take certain actions, to execute documents and make certain commitments on behalf of the County in connection with the issuance, sale and delivery of such special obligation bonds; authorizing the execution and delivery of such special obligation bonds and such other documents as may be necessary and desirable to effectuate the financing of the infrastructure improvements and the issuance, sale and delivery of such special obligation bonds; and generally providing for, and determining various matters in connection with, the issuance, sale, delivery and payment of such special obligation bonds.

 

Background

This bill authorizes the issuance of up to $42,000,000 in special obligation bonds for the Westphalia Town Center Development District and Westphalia Town Center Special Taxing District.  These bonds will fund various public infrastructure costs that are necessary to assist the Westphalia Town Center project in moving forward with Phases 1 through 3.  These phases will add 4.7 million square feet of commercial and retail development, and approximately 1,800 residential units in a major transportation corridor (Maryland Route 4) and near a major employment center (Joint Base Andrews).




Disclaimer Footer

Click here to read Terms and Conditions.

Terms and Conditions
1. Access to and use of the Prince George’s County Legislative Branch Services (hereinafter "Services") provided by the Legislative Branch of Prince George’s County is subject to the terms and conditions of this User Agreement and all applicable laws and regulations. This includes the laws and regulations governing copyright, trademark and other intellectual property as it may pertain to the property licensed to the County by GRANICUS. For the purposes of this User Agreement, the Legislative Branch of Prince George’s County shall be referred to as the "County", and you, the User, will be referred to as "You" (including the possessive "Your"), and the "User"

2. By reading this document and accessing the services, you accept without limitation or qualification, all of the terms and conditions in this user agreement. The County reserves the right to change these terms and conditions at any time. Changes to the terms of this Agreement will only apply to future uses of the Services. Your continued use of this Site and these Services after the posting of updates to this Agreement, will constitute your agreement to those terms, as modified. The County additionally reserves the right to modify or discontinue, at any time, any Services, without notice or liability.

3. OWNERSHIP AND PROPRIETARY RIGHTS. All of the products and Services, including but not limited to text, data, maps, images, graphics, trademarks, logos and service marks (collectively, the "Content"), are owned by the County or licensed to the County by GRANICUS, the owner of the Content. Although the County does not claim a copyright, trademark or other intellectual property interest in the Content, GRANICUS reserves their copyright, trademark or other intellectual property interests in their property that is part of the Content. In connection with those products and Services, you agree to the following: text, data, maps, images, graphics, trademarks, logos and service marks (collectively, the "Content"), are owned by the County or licensed to the County by third-parties who own the Content and the third party licensors' property interests are protected by copyright, trademark and other intellectual property laws. In connection with those products and Services, you agree to the following:

  • When accessing the Content, you may print a copy. If a printout and/or download is made, applicable third parties shall retain all rights in this material, and such a printout and/or download shall retain any copyright or other notices contained in that Content.
  • You will abide by restrictions set forth on the Site with respect to any of the Content.
  • You will not in any way violate the intellectual property laws protecting the third party licensors' property interests in the Content.
  • You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it, whether over the Internet or otherwise, for profit or personal gain, without the express written permission of the copyright holder.
  • You will cooperate promptly and completely with any reasonable request by the County related to an investigation of infringement of copyright or other proprietary right of the third party licensor.
  • You agree that the material you are accessing contains the trade secrets and intellectual property of GRANICUS, and you will cause irreparable harm to GRANICUS if this material is used in violation of this agreement.

4. INDEMNIFICATION: You hereby agree to indemnify and hold harmless the County, and its respective officials, agencies, officers, subsidiaries, employees, licensors and agents, from and against any and all liability, loss, claims, damages, costs and/or actions (including attorneys' fees) based upon or arising out of any breach by you or any third party of the obligations under this Agreement. Notwithstanding your indemnification obligation, the County reserves the right to defend any such claim and you agree to provide us with such reasonable cooperation and information as we may request.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: The County makes every effort to update this information on a daily basis. Because Property information is continually changing, the County makes no expressed or implied warranty concerning the accuracy of this information.

  • The information and services and products available to you may contain errors and are subject to periods of interruption. The County will do its best to maintain the information and services it offers. You agree that all use of these services is at your own risk, and that the County will not be held liable for any errors or omissions contained in the content of its services.

The services are provided “as is” and the County expressly disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the services. The County does not represent or warrant that access to the service will be interrupted or that there will be no failures, errors or omissions or loss of transmitted information. The information, documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. The County may make improvements and/or changes in the services provided and/or the content described herein at any time.

This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft or destruction or unauthorized access to alteration of or use of record, whether for breach of contract, tortious behavior, negligence or any other cause of action. No advice or information, whether oral or written, obtained by you from the County or through or from the service shall create any warranty not expressly stated in this agreement. If you are dissatisfied with the service, or any portion thereof, your exclusive remedy shall be to stop using the service.

  • MISCELLANEOUS: The County has the right at any time to change or discontinue any aspect or feature of the services, including, but not limited to, content, hours of availability, and equipment needed for access or use. You must use the services for lawful purposes only.

Any user conduct that restricts or inhibits any other person from using or enjoying the services will not be permitted. Uses such as data mining, screen scraping and the use of electronic BOTS for image download are prohibited. Users that are found to be employing the previously mentioned electronic methods may be restricted on this website.

These terms and conditions shall be governed by and construed according to the laws of the State of Maryland, USA, and you agree to submit to the personal jurisdiction of the courts of Prince George’s County, State of Maryland. If any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, and claim or cause of action arising out of or related to the use of these services, must be filed within one year after such claim or cause of action arose.

This is an offer to provide Services, and acceptance is expressly conditioned upon your acceptance of these terms and only these terms. Your acceptance of this Agreement is demonstrated by checking the box of "I agree to the Terms of Use" in the Registration form. This Agreement represents the entire agreement between you (the user) and the County.