MEMORANDUM
To: City Council
From: David J. Deutsch
City Manager
Re: Rolling Hills Annexation
R-15-02
Date: February 5, 2002
The residents of the Rolling Hills Subdivision (located east of Chestnut Ave.
and North of Fletchertown Road) have petitioned the City to incorporate their
subdivision into the corporate limits of the City. Maryland Law requires that
a petition for annexation be initiated by not less than 25% of the persons
who reside in the area to be annexed and who are registered voters in the
precinct in which the annexation area is located; and be owners of not less
than 25% of the assessed valuation of the real property in the area. We have
received signed Petition and Consent forms from 111 of the 122 homes (91%)
in Rolling Hills. Residents living in those homes represent 75% of the registered
voters in the area and own approximately 91% of the assessed value of the
real property. In order for the City to annex Rolling Hills there are three
homes on Chestnut Avenue and one lot on Steeplechase Drive that will also
need to be annex to prevent creating an enclave, which is prohibited by State
law. Owners of these properties have been informed of the annexation and we
will be working with them to resolve any issues they may have.
Resolution R-15- 02 is the Annexation Resolution enlarging the City boundaries by annexing the Rolling Hills Subdivision including the parcels mentioned above. The total area being annexed is approximately 69.46 acres. Attached is the statement of services and impact statement required by Article 23A of the Annotated Code of Maryland.
STAFF RECOMMENDATION: Staff
recommends approving Resolution R-15 -02 annexing the Rolling Hills subdivision
and the four contiguous residential properties into the corporate limits of
the City.
RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND
ENLARGING THE CORPORATE BOUNDARIES OF THE CITY OF BOWIE BY ANNEXING LAND CONTIGUOUS
TO AND ADJOINING THE EXISTING CORPORATE AREA OF THE CITY OF BOWIE ON THE EAST
SIDE OF CHESTNUT AVENUE, CONSISTING OF RESIDENTIAL PROPERTIES KNOWN AS THE
ROLLING HILLS SUBDIVISION, THE BARANEK SUBDIVISION AND ONE LOT CONTAINING
APPROXIMATELY 69.46 ACRES
WHEREAS, the Council of the City
of Bowie, Maryland, a municipal corporation of the State of Maryland ("City"),
has determined to enlarge and extend the limits of the City by including therein
property within Prince George's County which is contiguous and adjoining to
the existing boundaries of the City in accordance with the procedures set
forth in Article 23A, Section 19 of the Annotated Code of Maryland (2001 Rep.
Vol.), which property is more fully described in the attached metes and bounds
description (Exhibit A) and is more commonly known as the Rolling Hills subdivision;
and
WHEREAS, the City has obtained the consent to annexation of the owners of
at least 25% of the assessed value of the property within the area to be annexed
and has also obtained the consent of 25% of the persons who are registered
as voters in Prince George's County elections and reside in the area to be
annexed, which consents are collectively attached hereto as Exhibit B; and
WHEREAS, based upon the aforesaid consents, the Council of the City has determined
to initiate a Resolution to enlarge and extend the limits of the City to include
the area described 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; and:
NOW, THEREFORE BE IT RESOLVED by the Council of the City 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 existing City in Prince George's County,
Maryland, within the Annexation Area, consisting of approximately 69.46 acres
of land as more particularly and fully described by a survey of courses and
distances attached hereto as Exhibit A, and incorporated herein by reference
as if fully set forth in the body of this Resolution and more commonly known
as the Rolling Hills subdivision;
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, real property proposed
to be within the corporate limits of the City, 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, and all duly adopted Charter and Ordinance provisions
of the City, 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. Nothing herein or elsewhere in the
Resolution shall affect the power of the 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. That the inhabitants of the territory annexed to the City of Bowie
by this Resolution shall, in all respects and to all intents and purposes,
be subject to the powers, jurisdiction and authority vested, or to be vested
by law, in the Council of the City of Bowie, so far as the same may be consistent
with the provisions of this Resolution, and the territory so annexed shall,
in all respects, be taken and considered as part of the municipal corporation
of the City of Bowie.
Section 5. The City Manager 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 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 City Council
of the City at 8:00 p.m. in the Bowie City Hall, 2614 Kenhill Drive, Bowie,
Maryland 20715, on the 15th day of April, 2002;
Section 6. This Resolution shall become effective forty-five (45) days from
April 15, 2002, provided it is adopted by the Council of the City on that
date and, unless within forty-five (45) days the 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 Council of the City, that the City Manager
shall promptly register both the original and new corporate boundaries of
the City 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 when the Resolution
takes effect.
INTRODUCED by the Council of the City of Bowie, Maryland, at a Regular Council
Meeting on March 4, 2002.
PASSED, by the Council of the City at a Regular Council Meeting 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