RESOLUTION NO. 1353

A RESOLUTION OF THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND APPROVING A PROCEDURE FOR THE PROCESSING OF ANNEXATION PETITIONS

WHEREAS, the City of Salisbury has experienced an increase in requests for the annexation of property into the City; and

WHEREAS, the City does not have a written procedure for processing the annexation petitions it receives; and

WHEREAS, it is in the best interest of the City to have a written procedure for processing annexation petitions; and

WHEREAS, the City staff has developed a procedure for processing annexation petitions, which is attached hereto;

NOW, THEREFORE, BE IT RESOLVED that the Salisbury City Council approves the attached Annexation Procedure, dated January 23, 2006.

THE ABOVE RESOLUTION was introduced and duly passed at a meeting of the Council of the City of Salisbury, Maryland held on ____ day of ______, 2006 and is to become effective immediately upon adoption.

ATTEST:

_______________________________ __________________________________

Brenda J. Colegrove Michael P. Dunn

CITY CLERK PRESIDENT, City Council

_______________________________

Barrie P. Tilghman

MAYOR, City of Salisbury

ANNEXATION PROCEDURE

DRAFT (1/23/06)

    1.    Landowner submits petition to City Surveyor in Public Works and provides any additional necessary data to public works.

2. City Surveyor distributes copies of petition, along with a letter requesting input from the departments on the impact of the annexation, to the Supervisory Civil Engineer, City Administrator, Planning Commission Planner, Police Chief and Fire Chief.

    3.    City staff meeting to review annexation. (Staff members invited include: City Surveyor, and representatives of Public Works, Police, Fire, Planning & Zoning, and City Council.)

    4. City staff meets with Developer about annexation.

    5.    Annexation is presented to City Council at work session. (For small annexations, a letter will be forwarded to the Council instead. The annexation will be scheduled for review at a work session only if requested by the Council.)

    6.    Planning & Zoning and City Clerk prepare tentative schedule for Planning Commission review, County Council review, and City Council review and legislation. City Clerk advises City Attorney of pending annexation. (The schedule should allow for the Planning Commission review of the zoning and for County Council review of the zoning prior to the public hearing before the City Council.)

    7.    Public Works prepares description, conditions of annexation and related exhibits.

    8.    City Solicitor coordinates with the City Clerk on scheduling and prepares annexation resolution and advertisement.

    9.    Following action by the Planning and Zoning Commission, and if necessary by the County Council, on the initial zoning of the annexation area, the annexation resolution is presented at a City Council meeting for establishment of public hearing date. The City Clerk forwards a copy of the annexation resolution and annexation conditions to the property owner (s).

    10.    City Solicitor sends advertisement to newspaper and provides a package to County Administrator/County Executive including advertisement, resolution and pertinent exhibits.  The City Solicitor provides Maryland Department of Planning with a copy of advertisement, resolution and pertinent exhibits.  Materials are to be transmitted within seven (7) days after City Council meeting.

When the materials are delivered, a receipt of delivery is obtained and the receipt is forwarded to the City Clerk to be made a part of the official file.

    11.    Public Works will provide County Administrator/County Executive and Maryland Department of Planning with copy of resolution, exhibits, and any additional data necessary for an outline of extension of services and public facilities.  Materials are to be transmitted within seven (7) days after City Council meeting. When the materials are delivered, a receipt of delivery is obtained and the receipt is forwarded to the City Clerk to be made a part of the official file.

    12.    Public hearing is held as part of City Council meeting and City Council votes on annexation resolution.

    13.    After forty-five (45) days, the City Clerk registers the new boundaries with the Wicomico County Clerk of Court, the Department of Legislative Services, the Maryland Department of Planning and the State Department of Assessments and Taxation, and the property owner or petitioner(s).