NOTICE OF PUBLIC HEARING
Monday, May 1, 2017
711 Pennington Street
Havre de Grace, MD 21078
TO CONSIDER THE ANNEXATION RESOLUTION (“RESOLUTION”) INTRODUCED AT THE COUNCIL MEETING FOR THE CITY OF HAVRE DE GRACE ON MARCH 6, 2017, BRIEFLY AND ACCURATELY DESCRIBED BELOW ALONG WITH THE APPLICABLE CONDITIONS AND CIRCUMSTANCES IN ACCORDANCE WITH LOCAL GOVERNMENT ARTICLE 4-406(a) :
ANNEXATION RESOLUTION NO. 282
(Charter Amendment — First 2017 Annexation)
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF HAVRE DE GRACE, MARYLAND, ADOPTED PURSUANT TO THE AUTHORITY OF THE MARYLAND CONSTITUTION, ARTICLE XI – E AND THE PROVISIONS OF THE ANNOTATED CODE OF MARYLAND, LOCAL GOVERNMENT ARTICLE SUBTITLE 3 – AMENDMENT OR REPEAL OF CHARTER AND SUBTITLE 4 ANNEXATION, WHICH AUTHORIZE THE LEGISLATIVE BODY OF A MUNICIPALITY TO ANNEX PROPERTY, IN THIS CASE PROPERTY KNOWN AS TYDINGS PARK ISLAND, AND BY AMENDING THE CHARTER OF THE CITY; SPECIFICALLY APPENDIX A OF THE HAVRE DE GRACE CHARTER BY ADDING “SUBSECTION A.31 THE FIRST 2017 ADDITION TO THE CITY BOUNDARIES,” ALONG WITH THE LEGAL DESCRIPTION OF THE ACRES OF LAND WHICH WILL ENLARGE THE BOUNDARIES OF THE CITY OF HAVRE DE GRACE BY ANNEXING THE LAND OF TYDINGS PARK ISLAND CONSISTING OF A TOTAL OF 200 ACRES MORE OR LESS, MOSTLY WATER BOURNE, ADJOINING THE EXISTING CORPORATE BOUNDARIES OF THE CITY OF HAVRE DE GRACE.
BY A VOTE OF 6-0, IT WAS RESOLVED, ORDAINED, AND ENACTED BY THE MAYOR AND CITY COUNCIL OF HAVRE DE GRACE, MARYLAND AS FOLLOWS:
SECTION 1. The Appendix to the Charter of the Mayor and City Council of Havre de Grace, Maryland is hereby amended to add a new Subsection A.31 The First 2017 Addition to the City Boundaries to read as set forth in the legal description (“Property”) attached as Exhibit A to the Resolution.
SECTION 2. The Mayor and City Council of Havre de Grace, Maryland and the requisite owners of the properties hereby annexed agree that the conditions and circumstances applicable to the change in the boundaries of the City of Havre de Grace caused by this annexation and to the property within the area hereby annexed are as provided in the applicable Charter provisions, laws and ordinances of the State of Maryland and the City of Havre de Grace, except as follows:
(a) The Property is currently not given a County zoning designation on the official zoning maps of Harford County. The zoning designation in the City that the Mayor and City Council shall assign to the Property is Residential Business RB, as defined in the Havre de Grace Zoning Ordinance.
(b) City water and sewer service shall be provided to the Property hereby annexed at generally applicable rates and pursuant to conditions generally applicable to other City-owned properties within the corporate boundaries of the City of Havre de Grace at such time the Mayor and City Council of Havre de Grace approve development of the Property. The cost to construct any facilities necessary to provide water and sewer service to the Property shall be paid according to the laws, rules, regulations and policies, specifications, standards and approvals (including state and county, if any), existing or required at the time of construction, including any applicable recoupment agreements, and in accordance with the Annexation Plan attached to the Resolution as Exhibit B.
(c) The Mayor and City Council of Havre de Grace, Maryland acknowledge that a legal description of the Property has been prepared by a professional engineer retained by the City.
(d) The terms and conditions of this Resolution shall supersede the Annexation Policy of the Mayor and City Council of Havre de Grace, Maryland established by Resolution 97-7 (“Annexation Policy”), a copy of which is attached to the Resolution as Exhibit C to the extent the Annexation Policy is inconsistent with the terms and conditions of this Resolution.
SECTION 3. AND BE IT FURTHER RESOLVED that, promptly after the introduction and first reading of this Resolution by the Mayor and City Council of Havre de Grace, Maryland, the Director of Administration shall create a public notice, briefly and accurately describing the proposed change and the conditions and circumstances applicable. The aforesaid notice shall be published four (4) times at not less than weekly intervals in a newspaper or newspapers of general circulation in the City of Havre de Grace and the area to be annexed, as the area to be annexed is greater than 25 acres. The aforesaid public notice shall state a time, not less than fifteen (15) days after the fourth (4th) publication thereof, a place within the City of Havre de Grace at which a public hearing shall be held to consider public comment to consider this Resolution. The public hearing may be continued or rescheduled in accordance with the requirements set forth in Local Government Article of the Annotated Code of Maryland. Immediately upon the first publication of the specified public notice, a copy of the public notice and other relevant documents shall be provided to the Harford County Council, the Harford County Executive, the Director of the Harford County Department of Planning and Zoning, the Planning Commission of the City of Havre de Grace, and to any other regional or state planning agency having jurisdiction over the property, including the Executive Director of the Baltimore Metropolitan Council.
SECTION 4. AND BE IT FURTHER RESOLVED that,
(a) Upon passage of this Annexation Resolution, the Island will continue to be owned by the City and the City is authorized to continue to treat the property as a non-taxable as City-owned park property, as well as the waters surrounding the Island which waters are part of the Property being annexed and which are owned by the State of Maryland.
SECTION 5. AND BE IT FURTHER RESOLVED that, this Annexation Resolution shall become effective forty-five (45) days after its enactment by the Mayor and City Council of Havre de Grace, Maryland, provided this Resolution is read and passed by an affirmative vote of a majority of the Council members present at a second reading of the Resolution at a regular City Council meeting after the conclusion of the public hearing and any continuation thereof as prescribed by the Local Government Article Section 4-407 of the Annotated Code of Maryland (as amended) and also provided that a proper petition for referendum calling for an election related to the annexation is not filed as permitted by law.
SECTION 6. AND BE IT FURTHER RESOLVED that, if any section, subsection, paragraph, sentence, clause, phrase or word of this Resolution or its application to any person or circumstances is held invalid by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, phrases, and words of this Resolution, or the application of the provision to other persons or circumstances then in effect, shall continue in full force and effect.
SECTION 7. AND BE IT FURTHER RESOLVED, by the Mayor and City Council of Havre de Grace, Maryland, that the Director of Planning shall promptly register the original and the new corporate boundaries of the City of Havre de Grace with the Clerk of the Circuit Court of Harford County and the Department of Legislative Reference for the State of Maryland when this Resolution takes effect.
ALL EXHIBITS ATTACHED TO THE RESOLUTION AND THE ANNEXATION PLAN RELATED THERETO ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL AND ON THE WEBSITE.