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Annexation without representation?
Originally published September 13, 2007


By Justin M. Palk
News-Post Staff


Call it "Forgotten Frederick " -- 34 acres on Bowers Road off U.S. 40 lacking police protection and trash collection.

The City of Frederick annexed the area a decade ago and Wednesday, landowners asked the mayor and Board of Aldermen to stop charging them property taxes until they start getting services.

The more than a dozen landowners would be willing to pay taxes if the city had a plan for extending services, said Carol Smith, who owns Hi-Way Liquors, one of the affected properties.

The 1997 annexation agreement specified that the city wouldn't tax the properties until they were either connected to the city's water and sewer system, sold, or until seven years passed. Because of a building moratorium in 2001 and 2002, the city extended the seven-year threshold to December 2005, said Gerald Kolbfleisch, the city's finance director.

At least some of the property owners have refused to pay taxes since then.

Wednesday, the aldermen agreed that the Frederick Police Department and the city's trash collection service should serve the area. They also agreed not to pursue legal action against those who haven't paid taxes.

"Bottom line is, if we're going to charge them taxes, they have to get the services they can get," said Alderman David Koontz.

While police and trash collection would help appease property owners, Ric Sayler, who owns 6902 Bowers Road, pressed for water and sewer service.

"Are we in or are we out -- where are we?" Sayler asked.

"You're definitely in," said Mayor Jeff Holtzinger.

"Then where's my sewer line?" Sayler replied.

Over the years, the landowners' requests for the city to explain how to get sewer service have gone unanswered, Smith said.

Originally, a developer was going to pay to bring sewer service to support a new 37-unit housing project, Holtzinger said. That project has been delayed several times, leaving the other property owners hanging.

The 1997 agreement also specifies that the property owners will have to pay the cost for any extension of water and sewer lines.

That may make getting sewer service to the properties prohibitively expensive, as the new line would have to go under Rock Creek and Rock Creek Drive, Holtzinger said.

The city should give the property owners a cost estimate for getting sewer service, Koontz said.

Alderman C. Paul Smith cautioned against the city going too far in reducing or forgiving property taxes because of missing services, for fear of setting a precedent.



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