NOTICE OF PUBLIC HEARING Monday, July 6, 2020 at 7:00 PM Havre de GraceNOTICE OF PUBLIC HEARING Monday, July 6, 2020 at 7:00 PM NOTICE OF PUBLIC HEARING Monday, July 6, 2020 at 7:00 PM City Hall 711 Pennington Ave. Havre de Grace, MD 21078 View Exhibits TO CONSIDER THE ANNEXATION RESOLUTION INTRODUCED AT THE COUNCIL MEETING FOR THE CITY OF HAVRE DE GRACE ON JUNE 1, 2020, BRIEFLY AND ACCURATELY DESCRIBED BELOW ALONG WITH THE APPLICABLE CONDITIONS AND CIRCUMSTANCES IN ACCORDANCE WITH LOCAL GOVERNMENT ARTICLE 4-406(a) ANNEXATION RESOLUTION NO. 288 A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF HAVRE DE GRACE, MARYLAND, ADOPTED PURSUANT TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND CONSTITUTION, TITLE 4 OF THE LOCAL GOVERNMENT ARTICLE OF THE MARYLAND ANNOTATED CODE, SECTIONS 3, 33 AND 34 OF THE CITY CHARTER, AND SECTION 20 OF THE CITY CODE AUTHORIZING THE CITY COUNCIL, AS THE LEGISLATIVE BODY OF A MUNICIPALITY, TO ANNEX PROPERTY EXTENDING THE BOUNDARIES OF THE MUNICIPALITY AND AMENDING THE CITY CHARTER, SPECIFICALLY APPENDIX A BY ADDING “SUBSECTION A.34 THE FIRST 2020 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 TO INCLUDE THE LANDS OF PULASKI PARCEL LLC LOCATED AT 1531 PULASKI HIGHWAY NEAR THE NORTHWEST INTERSECTION OF PULASKI HIGHWAY AND OLD POST ROAD/STATE ROUTE 7, CONSISTING OF THREE PROPERTIES IN THE SIXTH ELECTION DISTRICT TOGETHER WITH A DRAINAGE AND UTILITY EASEMENT AND PART OF THE ADJOINING CSX RAILROAD RIGHT OF WAY CONSISTING OF A TOTAL OF 3.613 ACRES MORE OR LESS. WHEREAS, the land subject to this annexation resolution is eligible for annexation since the land is contiguous and adjoining the existing corporate boundaries of the City, and the annexation will not create an unincorporated area bounded on all sides by: (i) property presently within the corporate limits of the City; (ii) real property proposed to be within the corporate limits of the City as a result of the proposed annexation; or (iii) any combination of such properties; and WHEREAS, the owners of not less than twenty-five percent (25%) of the assessed value of the real property to be annexed consent to the annexation, and there are no resident voters on the land being annexed and therefore the annexation meets the requirements of Section 4-404 of the Local Government Article of the Annotated Code of Maryland; and WHEREAS, The Mayor and City Council of Havre de Grace, Maryland have previously adopted an Annexation Plan for the Property subject to this Annexation Resolution pursuant to City of Havre de Grace Resolution No. 2020-06; and WHEREAS, The Mayor and City Council of Havre de Grace, Maryland have determined that the annexation of the 3.613 acres of land more or less consisting of five parcels, located at 1531 Pulaski Highway as more specifically defined herein (“Property”) is in the best interest of the health and welfare of the citizens of Havre de Grace. NOW THEREFORE BE IT 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.34 The First 2020 Addition to the City Boundaries to read as set forth in the legal description attached hereto as Exhibit A and incorporated by reference herein. (“Property”). 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: The Property is currently given a County zoning designation of Commercial Industrial (CI) 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 Commercial (C) as defined in the Havre de Grace Zoning Ordinance. 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 authorized under the Annexation Resolution, and in accordance with the Annexation Plan Resolution 2020-06 attached hereto and marked Exhibit B. 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. The terms and conditions of this Resolution are consistent with the Annexation Policy of the Mayor and City Council of Havre de Grace, Maryland established by City Code Section 20 (“Annexation Policy”), a copy of which is attached hereto as Exhibit C. 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 two (2) 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 less than 25 acres. The aforesaid public notice shall state a time, not less than fifteen (15) days after the second (4th) publication thereof and not less than 30 days after the Annexation Plan Resolution 2020-06 is approved, provided to the regional and national planning agencies, and the 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, 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 5. 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 6. 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. SECTION 7. AND BE IT FURTHER RESOLVED, by the City Council of Havre de Grace, Maryland that the Mayor is authorized to enter into an Annexation Agreement with the recommendation of the Director of Planning, the Director of the Department of Public Works, and the City Attorney to implement the purposes of this Annexation Resolution. SECTION 8. AND BE IT FURTHER RESOLVED, that the Mayor is authorized to enter into a Public Works Agreement with the recommendation of the Director of the Department of Public Works and the City Attorney, to implement the purposes of this Annexation Resolution. ALL EXHIBITS ATTACHED TO THE RESOLUTION AND THE ANNEXATION PLAN RELATED THERETO ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL AND ON THE WEBSITE. CONTACT INFO Patrick Sypolt, Director of Administration Havre de Grace, Maryland City of Havre de Grace, Maryland 711 Pennington Ave. Havre de Grace, MD 21078 410-939-1800
