MEMORANDUM

TO: City Council

FROM: David J. Deutsch, City Manager

SUBJECT: Hopkins Property Annexation
R-71-02 (As Amended)

DATE: October 17, 2002

Resolution R-71-02 is the Annexation Resolution enlarging the City boundaries by annexing the City-owned Hopkins property. The total area being annexed is approximately 97.6176 acres.

Staff has been working to implement recreational improvements to the City-owned Hopkins property, as authorized by the approved budget for this year. Engineering plans, including stormwater management plans and grading plans, have been prepared and are now under the review of the appropriate agencies. In order to accomplish a more timely review and approval of these plans, Public Works staff determined that it would be in the best interest of the City to exercise its own jurisdiction with regard to stormwater management plans. Annexation would bring the Hopkins property under the City's own review and approval process and will expedite the recreational development of the property.

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

Recommendation

Staff recommends approving Resolution R-71-02 (as amended) annexing the City-owned Hopkins property into the corporate limits of the City.


MEMORANDUM


TO: City Council

FROM: David J. Deutsch, City Manager

RE: Hopkins Property Annexation
Statement of Services

DATE: 10/17/02

In accordance with the Annotated Code of Maryland, Article 23A, § 19 (o), the legislative body of a municipal corporation shall provide, in addition to, but not as a part of the (annexation) resolution, a proposed outline for the extension of services and public facilities into the area to be annexed. A statement shall also be provided that identifies the general methods by which the municipality anticipates to finance the extension of municipal services into the area to be annexed. This Statement of Services memo fulfills these requirements.

The Hopkins property is located on the east side of Church Road, north of the Twelve Oaks subdivision and west of Tall Oaks Estates subdivision. The property includes 97.6176 acres and will be developed with a City park.

The site is within Community VIII of the 1991 adopted Bowie-Collington-Mitchellville Planning Area. The overall character associated with Community VIII is Permanent Low Density. The property is located across from the Belt Woods, an old growth forest and woodland preservation area now in public ownership. Adjacent to the Hopkins property to the south and east are the existing residential subdivisions of Twelve Oaks and Tall Oaks Crossing, developed in the R-R (Rural Residential) zone. Land to the north of the subject property is undergoing residential development in the R-E (Residential Estate) zone. This portion of the Church Road corridor is experiencing increased growth and development pressure. The property contains open fields, as well as forested and wetland areas. Annexation will not adversely alter any of these existing environmental characteristics. There are no other unique characteristics associated with the Annexation Area.

On the effective date of annexation, the Annexation Area will be subject to the City's jurisdiction, including stormwater mangement regulations. As noted in the Introduction memo, in order to accomplish a more timely review and approval of stormwater management plans, Public Works staff determined that it would be in the best interest of the City to exercise its own jurisdiction with regard to stormwater management plans. Annexation would bring the Hopkins property under the City's own review and approval process and will expedite the recreational development of the property. Because the land being annexed involves City parkland and there will be no residents residing there, the City will not incur any costs for providing services, beyond the maintenance of the recreation improvements.


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 RESIDENTIAL PROPERTY CONSISTING OF THE PROPERTY KNOWN AS THE CITY-OWNED HOPKINS PROPERTY, LOCATED ON THE EAST SIDE OF CHURCH ROAD, IMMEDIATELY WEST OF TALL OAKS CROSSING SUBDIVISION, AND CONTAINING APPROXIMATELY 97.6176 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 Hopkins Property is entirely owned by the City and there are no persons currently residing on the property; 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 97.6176 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 Hopkins 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 the City has the consent to annexation of the owners of 25% the assessed value of land within the Annexation Area and has the consent of 25% of the residents of the Annexation Area who are registered to vote in Prince George's County.
Section 4 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 5 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 the 21st day of October, 2002;
Section 6 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 September 17, 2002.

ENACTED 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