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Resolution of the Board of Commissioners of the Town of Emmitsburg
Resolution No. 2004-09R

A RESOLUTION TO AMEND RESOLUTION NO. 90-2 WHICH ANNEXED 10.026 ACRES OF REAL PROPERTY, MORE OR LESS, INTO THE TOWN OF EMMITSBURG, MARYLAND; TO REPEAL AND RE-ENACT, WITH REVISIONS, ONE OF THE CONDITIONS OF THAT RESOLUTION; PAYMENT OF PRO-RATA SHARE OF CONSTRUCTING A BRIDGE ACROSS FLAT RUN CREEK.

WHEREAS, by Resolution No. 90-2 the Mayor and Commissioners of Emmitsburg, Maryland approved, with certain conditions, the annexation of 10.026 acres of real property, more or less, into the Town of Emmitsburg upon the petition Horace H. Waybright and Jefferey H. Waybright; and 

WHEREAS, the condition set forth in Section III, Sub-section IX. of Resolution No. 90-2 provides as follows: 

• SECTION IX: Petitioners or their successors or assigns shall be responsible for paying their pro-rata share of the costs of constructing a bridge over Flat Run which will be required as part of the construction of the collector road shown on the Frederick County Comprehensive Plan between Creamery Road and Maryland Route 140. Petitioners shall pay that percentage of the costs of construction of the bridge which equals the percentage of the annexation property's frontage on both sides of the collector road in linear feet in relation to the entire length of both sides of the collector road in linear feet. By way of example, if the annexation property's frontage on both sides of the collector road totals 50 feet and the entire length of both sides of the collector road is 200 feet, the annexation property's frontage would equal 25% of the entire length of both sides of the collector road; therefore, Petitioners would be responsible for 25% of the costs of construction of the bridge. Petitioners shall be obligated to pay their pro-rata share of the costs of the bridge construction at such time as the bid for the construction of the bridge has been awarded and a construction schedule has been finalized. Petitioners shall also be responsible for installing, at their sole cost and expense, that portion of the collector road which is located on the annexation property. In the event that the road is not initially installed to the Town's and /or the County's specifications for the remainder of the collector road, Petitioners agree to upgrade the portion of the collector road on the annexation property to the same specifications as the remainder of the collector road, upon the Town or County's future request.

WHEREAS, the Petitioner and current owner of the property, Emmitsburg Glass Company, Inc. has requested a repeal of that condition, and after a duly publicized public hearing held on September 22, 2004, the Mayor and Commissioners have determined that such revision is in the best interest and welfare of the Town of Emmitsburg, and 

WHEREAS, the Mayor and Commissioners approved that revision at that public hearing, subject to a written resolution. NOW, THEREFORE, BE IT ENACTED AND RESOLVED by the Mayor and Council of the Town of Emmitsburg, Maryland as follows: 

• SECTION I: Section III, Sub-section IX. of Resolution No. 90-2 be, and it hereby is, REPEALED in its entirety.

• SECTION II: All other terms, conditions and provisions of Resolution No. 90-2 shall remain unchanged and in full force and effect.

• SECTION III: This Resolution shall become effective on the forty-fifth (45th) day following its enactment, unless a Petition for Referendum, in proper form and in conformity with the requirements of Article 23A, Section 19 of the Annotated Code of Maryland, is submitted to the Mayor of the Town of Emmitsburg.

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