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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 Vr m 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