Untitled Document

MEMORANDUM

TO: City Council

FROM: David Deutsch
City Manager

SUBJECT: Dixon Property Annexation
R-81-02

DATE: October 10, 2002

Resolution R-81-02 is the Annexation Resolution enlarging the City boundaries by annexing a portion of the City-owned Dixon property (see attachment 1). The total area being annexed is approximately 10.8 acres.

The Dixon property was purchased by the City in the mid 1990's using Program Open Space moneys. This property is currently wooded and serves as an extension of the adjacent Tanglewood Park. When this property was purchased, a portion of the property was within the City limits and a portion was outside the City limits. This annexation will bring the entire property into the corporate limits of the City. From a budget perspective, this annexation is revenue neutral. There are no increase in costs to the City and no additional revenues that will come to the City as a result of this annexation.

There are no residents living on the property, which is contiguous to Tanglewood Park currently located in the City. No enclaves would be created by the annexation of the property.

Recommendation

Staff recommends approving Resolution R-81-02 annexing a portion of the City-owned Dixon property into the corporate limits of the City.

Attachments

RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND
ENLARGING THE CORPORATE BOUNDARIES OF THE CITY OF BOWIE BY ANNEXING LAND CONTIGUOUS AND ADJOINING TO THE EXISTING CORPORATE AREA OF THE CITY OF BOWIE CONSISTING OF A PORTION OF THE PROPERTY KNOWN AS THE CITY-OWNED DIXON PROPERTY, LOCATED SOUTH OF ZUG ROAD, WEST OF THE POPES CREEK RAIL LINE, NORTH OF FLETCHERTOWN ROAD AND EAST OF TANGLEWOOD PARK CONTAINING APPROXIMATELY
10.8 ACRES

WHEREAS, the Council of the City of Bowie, Maryland ("the Bowie City Council"), a municipal corporation of the State of Maryland, has determined to enlarge and extend the limits of the City of Bowie ("City") by including therein property within Prince George's County as more specifically described in the metes and bounds description attached hereto as Exhibit A and shown on the plat map attached hereto as Exhibit B, which is contiguous and adjoining to the existing boundaries of the City of Bowie in accordance with the procedures set forth in Article 23A Section 19 of the Annotated Code of Maryland (2001 Rep. Vol.); and

WHEREAS, the land commonly known as the Dixon Property is entirely owned by the City and there are no persons currently residing on the property; and

WHEREAS, a portion of this property is currently outside the City limits as depicted in Exhibit A; and

WHEREAS, the Bowie City Council has determined to initiate a Resolution to enlarge and extend the limits of the City of Bowie to include the area described more fully in Exhibit A, and to make applicable to that area all laws which are now in force and effect or which may be hereafter enacted in the City of Bowie.

NOW, THEREFORE BE IT RESOLVED by the Bowie City Council in legislative session assembled:

Section 1. That there is hereby annexed into the corporate boundaries of the City of Bowie, a municipal corporation of the State of Maryland, all of that land contiguous and adjoining the current boundaries of the City of Bowie in Prince George's County, Maryland, consisting of approximately 10.8 acres of land as more particularly and fully described by a survey of courses and distances attached hereto as Exhibit A, and known generally as the City-owned Dixon property.

Section 2. That the annexation of the land described in Exhibit A will not create any unincorporated area which is bounded on all sides by real property presently within the corporate limits of the City of Bowie, real property proposed to be within the corporate limits of the City of Bowie, or any combination of such properties.

Section 3. That from and after the effective date of this Resolution, all provisions of the Constitution of Maryland, all laws of the State of Maryland applicable to the City of Bowie, and all duly adopted Charter and Ordinance provisions of the City of Bowie shall be and are hereby extended and made applicable to such portion of Prince George's County as is, under the provisions of the Resolution, annexed to and made a part of the City of Bowie, Maryland. Nothing herein or elsewhere in the Resolution shall affect the power of the Bowie City Council to amend or to repeal any Charter provision or Ordinance existing at the date of passage of this Resolution, or to enact and ordain any Ordinance which, at the date of passage of this Resolution, or hereafter, it may be authorized to enact or ordain;

Section 4. The City Manager of Bowie shall cause a public notice to be published not fewer than four (4) times at not less than weekly intervals in a
newspaper having general circulation in the City of Bowie and in the area to be annexed which briefly and accurately describes the proposed change and the conditions and circumstances applicable thereto. The public notice shall further specify that a public hearing will be held on this Resolution by the Bowie City Council at 8:00 p.m. in the Bowie City Hall, 2614 Kenhill Drive, Bowie, Maryland 20715, on November 18, 2002;
Section 5. This Resolution shall become effective forty-five (45) days from the date of enactment by the Bowie City Council, unless within forty-five (45) days of the date of enactment the Bowie City Council receives a Petition for Referendum filed in accordance with the provisions of Article 23A, Section 19 (g) of the Annotated Code of Maryland (2001 Rep. Vol.);

AND BE IT FURTHER RESOLVED, by the Bowie City Council that the City Manager, immediately upon the first publication of the public notice, shall transmit a copy of the public notice to the County Executive, County Council, the Executive Director of the Maryland-National Capital Park and Planning Commission and the Director, Office of Planning of the State of Maryland, each of which shall have the first right to be heard at the scheduled public hearing prior to opening the hearing to the general public.

AND BE IT FURTHER RESOLVED, by the Bowie City Council that the City Manager shall, on or after the effective date of the Resolution, promptly register both the original and new corporate boundaries of the City of Bowie with the City Clerk, the Clerk of the Circuit Court for Prince George's County, the Department of
Legislative Reference for the State of Maryland, and the Maryland-National Capital Park and Planning Commission.

INTRODUCED by the Bowie City Council at a regular legislative session on October 21, 2002.

PASSED by the Bowie City Council at a legislative session on ____________, 2002.

WITNESS: THE CITY OF BOWIE, MARYLAND

__________________________ _________________________________
Pamela A. Fleming G. Frederick Robinson, Mayor
City Clerk

APPROVED AS TO FORM
AND SUFFICIENCY:

____________________________
Robert H. Levan, City Attorney