HomeMy WebLinkAbout1996-03-13 96-142 RESOLVECOUNCIL ACTION
Item No. 96-142
Date March 13, 1996
Item/Subject: Ratifying Execution of Payment Bond --
Re: Freese's Building
Responsible Department: Legal
Commentary:
Maine's Community Development statute, 30-A MRSA 55 5203-5204,
contains a requirement for a bond to be deposited in Superior Court
n connection with any acquisition of land or interests in land by
-eminent domain under the statute. The purpose of the bond is to
assure payment of any amounts ultimately awarded or confirmed by
the court as just compensation or damages to the owners of the
property or interests. Under S 5204, such a bond is required in
connection with the City of Bangor's eminent domain acquisition of
residual claims of Charles Fitzgerald and Bruce Slovin to the
former Fraeae's building located at 74-96 Main Street.
(cont'd on next page)�M
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Department Head IV
Manager's Comments:
city Manager
Associated Infcnnation: Payment Bond
Finance Director
V ^
City Sol'c'tor
Introduced For
Passage
First Reading
Referral Page 1 of 7
96-142
The Penobscot Superior Court has recently approved the form of a
bond from the City of Bangor in favor of Charles Fitzgerald and
Bruce Slovin, in docket no. CV -95-432. As approved by the Superior
Court, the bond obligates the City to pay any judgment in favor of
Charles Fitzgerald and/or Bruce Slovin in docket no. CV -95-432,
within 60 days after any such judgment becomes final. The bond has
been executed by a majority of the City Council members
individually, plus the City Manager and Finance Director, and has
been filed with the Court. The attached Resolve would ratify this
action, which was taken in advance of formal Council approval in
order to meet the Superior Court's March 13, 1996 deadline for
filing the bond.
96-162
Assigned to Councilor Sullivan March 13, 1996
_ CITY OF BANGOR
Ratifying Execution of Payment Bond
QITLEJ'Pe801UY,..._......._...... _..... _... .... _..._....... _.._....... ......... ... _.._....... .......... _.....
-- Ret Freese's Building
By fAe City Coined of City of Sunset:
RESOLVED, the action of the City Manager, City Solicitor,,
and the City Councilors individually, in executing a ^Payment Bond*
for deposit in court in Fitzgerald v. City of Bangor, docket no.
CV -95-432 Penobscot Superior Court, is hereby ratified and
confirmed. A copy of said bond is attached to this Resolve and is
Incorporated herein by reference.
IN CITY COUNCIL 96-142
March 13. 1996 p E S O L 1 E
Passed
CLER6 Ratifying Execution of Payment Bond -
Re: Freese's Building.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF BANGOR, a
municipal corporation organized and existing under and by virtue of
the laws of the State of Maine, having its principal offices at 73
Barlow Street, Bangor, Maine, is firmly bound and holden unto
CHARLES FITZGERALD of Dover-Foxcroft, Maine, and BRUCE SLOVIN of
New York, New York, severally, in such am or sums, if any, as may
be awarded to Charles Fitzgerald or Bruce Slovin in an action now
pending in the Penobscot County Maine Superior Court, docket no.
CV -96-29, for which payment, if any, the City of Bangor binds
itself by this instrument.
The condition of the above obligation is that, whereas the
City of Bangor has undertaken to acquire the residual claims of
Charles Fitzgerald and Bruce Slovin in and to certain real property
located at 74-96 Main Street, Bangor, Maine, known as the "Freese's
Building", by the exercise of eminent domain powers granted to the
City of Bangor under provisions of Title 30-A Maine Revised
Statutes yy 5203-5204; and whereas the amount of compensation, if
any, due and payable to Charles Fitzgerald or Bruce Slovin on
account of the City of Bangor's said taking is presently in dispute
an an action filed by Charles Fitzgerald in the Penobscot County
Superior Court, docket no. CV -96-29, as recently consolidated with
two other pending actions (docket nos. CV -94-520 and CV -95-432){
and whereas Title 30-A M.R.S.A. S 5204(2((B) requires the filing of
a bond in connection with such takings; now, therefore, in
satisfaction of the requirements of 30-A M.R.S.A. 4 5204(2)(8)
relative to posting of a bond, the City of Bangor hereby binds
_2_
itself that if final judgment shall be entered in docket no.
CV -96-29 in favor of Charles Fitzgerald or Bruce Slavin or either
of them, directing the payment of additional compensation in any
amount by the City of Bangor for the City's acquisition of their
residual claims of title to the Freese's Building, then the City of
Bangor shall pay to Charles Fitzgerald, Bruce Slovin, or their
respective heirs or assigns, all such amounts, together with
accrued interest thereon as determined by the Court, within sixty
(60) days from the date such judgment, if any, shall become final,
and within that time shall make all necessary appropriations of
funds for this purpose.
Then the obligation of this bond shall be void; but
otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the City of Bangor has caused this bond
to be executed by its undersigned City Council members this 18{))
day of Yebxaeey , 1996.
march
MY�I'<�fei:L\�fC0:1
Marshall M. Frankel
-City Council Chair
Gerard A.`Baldacci
City Councilor
L. .'
Patricia A. Blanchette
City Councilor
-3 -
David Leen
City Councilor
Chzle a Popper
City Councilor
Dennie D. Soucy
City Councilor
Charles M. Sullivan
City Councilor
James M. Tyler
City
/Councilor
l
imOLhy Cl. Woodcock
City coup
ou cilor
Vii► �:z � /Edward BarrettCity Manager
-_
Ronald I. Heiser
Finance Director
APPROVED AS TO FORM:.
V4 " )4
Erik M. Stumpfel
city Solicitor