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Session Laws, 1994
Volume 773, Page 2931   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         Ch. 661

provided in § 9A of this article, and for those municipalities lying within the regional
district, with the Maryland-National Capital Park and Planning Commission. Each such
official shall hold the registration of boundaries on record and shall make it available for
public inspection during all normal business hours.

EXPLANATION: Article 23A, § 19(p) requires a municipal corporation to register
boundary changes following an annexation. Just as under § 9A(a)(4), the filing
of the original boundaries is unnecessary because by law the original
boundaries are already on file. Staff recommends this provision be modified.

[(q) (1) In Washington County, the chief executive and administrative officer of
a municipal corporation which has enlarged its corporate boundaries under the provisions
of this section shall file a plat and a description of the annexation with the clerk of the
circuit court for recordation and to the Washington County Planning Commission. These
filings shall occur within 30 days after the annexation becomes effective.

(2) An annexation is not valid and municipal taxes or other charges may not
be assessed or collected on property within the area proposed for annexation until the
filing requirement of this subsection is met.]

EXPLANATION: Article 23A, § 19(q) affects municipal corporations within a
single county. While this section has not been challenged, it is the opinion of
staff that it violates Art. XI-E of the Constitution for the reasoning discussed
under Article 23A, § 19(u). Staff recommends its repeal.

[(t) (1) In Anne Arundel County, whenever a resolution proposing a municipal
annexation results, because of geographical uniqueness, in placing another area of the
county in a position where it could be cut off from present or future county facilities and
services, the residents of that geographical area may petition the resolution to
referendum on the same basis as residents of the area to be annexed, and with the same
privileges of voting for or against the resolution as residents of the area to be annexed.

(2) Unless there is a favorable majority vote of the persons voting in the
geographical area so affected, the proposal for change shall be void and of no further
effect whatsoever.

The designation of the boundaries of the geographical area which is or could be cut
off from present or future county facilities and services by the proposed annexation, shall
be determined by the Anne Arundel County Council.]

EXPLANATION: Article 23A, § 19(t) affects municipal corporations within a
single county. While this section has not been challenged, it is the opinion of
staff that it violates Art. XI-E of the Constitution for the reasoning discussed
under Article 23A, § 19(u). Staff recommends its repeal.

[(u) (1) Anne Arundel County, by ordinance enacted according to its regular
legislative procedure, may register its disapproval of the annexation resolution and
provide for the submission of the resolution to a referendum vote of the electorate of the
entire county at the next ensuing general election of the county for the members of the
House of Representatives of the United States which is held at least 45 days after the
enactment of the ordinance. The ordinance shall not be valid unless enacted before the

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Session Laws, 1994
Volume 773, Page 2931   View pdf image
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