§ 14.28.020. Petition to acquire private street.

A.

The City of Annapolis may, by resolution, agree to acquire any private street located within a development if a petition in the form set forth in Subsection C of this section is filed with the City Clerk, together with fifteen copies of the petition and a nonrefundable fee as established by resolution of the City Council per private street sought to be acquired, by:

1.

At least two-thirds of the owners of the real property located within the development;

2.

The owners of at least two-thirds of the assessed valuation of the real property located within the development; and

3.

The homeowners' association, if any, of the development.

B.

For purposes of Section 14.28.020(A)(1), multiple owners of a single parcel shall be treated as a single owner and a single owner of multiple parcels shall be treated as one owner.

C.

The petition shall be executed by all property owners requesting the City to acquire the designated private road and shall include:

1.

The name and address of each petitioner;

2.

The name and address of every owner (including petitioners) of real property located within the development and as to each such owner: the address, title holder(s), assessed value and deed reference of each parcel owned;

3.

A metes and bounds description of the development;

4.

A survey of the private street(s) to be acquired;

5.

A plat displaying the boundaries, general land use patterns, present and proposed public facilities and improvements, existing structures, and existing reserved or public areas within the development;

6.

The arrangement, character, extent, width, grade, material, composition, and condition of the private street(s) to be acquired; a description of alterations, renovations, upgrades and improvements required to conform each such private street to the standards for public streets as determined by the Department of Public Works together with a recommendation regarding the priority for accomplishing the improvements and a recommendation as to the source of funding for the improvements consistent with this chapter;

7.

An estimation of the cost to the City providing all such improvements;

8.

Certification that each owner of real property, within the development has either executed the petition or has been sent by first class mail to the address listed in the assessment records, within sixty days prior to the filing of the petition, a summary of the petition and of the provisions of this chapter;

9.

An affirmation executed by each petitioner that the information contained in the petition is true and accurate and that the petition constitutes each petitioner's request to the City to create a special taxing district, to levy ad valorem taxes and to issue bonds or other obligations pursuant to Maryland Annotated Code Article 23A, Section 44A(c) (1990 Repl. Vol.) or its successor;

10.

Any other information which the petitioners may deem relevant or which is required with regard to the proposed acquisition.

D.

A petition may request the acquisition of more than one private street but shall include the information required pursuant to Section 14.28.020(C) as to each such private street.

E.

The City shall not incur any expenses nor pay any consideration, fees or costs associated with the preparation of information required to be included in the petition or the acquisition of title to the private street.

F.

The City Clerk shall promptly deliver copies of the petition to the Departments of Finance and Public Works.

(Ord. O-16-99 § 1 (part); Ord. O-38-94 § 1 (part))