HomeMy WebLinkAbout1995-03-15 95-136 ORDERCOUNCIL ACTION
Item No. 95-136
Date March 15, 1995
Item/Subject: Authorizing City Manager to Take Possession of
Freese's Building (City Tax Map 42, Lot 146)
Responsible Department:
This Order would direct the City Manager to take possession of the
Freese's building located at ]a Main Street. The City acquired tax
title to the building on December 8, 1994, upon statutory fore-
closure of two FY 1993 tax liens. Although Charles Fitzgerald, the
former owner of the building, tendered payment of delinquent taxes,
lien charges and interest on January 27, 1995, discussions with Mr.
Fitzgerald and others since that date have not produced an
agreement sufficient to resolve other City concerns, i.e.
uncorrected Facade Ordinance violations, building and life safety
code violations, and eventual redevelopment of the property.
This Order is offered as an alternative to C.O. 95-109, appearing
on the Council's 3/15/95 agenda under Unfinished Business.
�i.�o'/'
Department H
Manager's Comments: / C\�\
r y
City Manager
Associated Infoxmation:65
Finance Director
SA-0ft
amu,
City Solicitor
ntYOd d For
Passage
First Reading
Referral Page I_ of 3
95-136
Auipmd to f mNor Tyler March 15, 1995
CITY OF BANGOR
m__b�v Auth zing City M no to Take Poeeseal on of
1.
Freese's Building (City Tax Map 42, Lot 146)
BY the City Courwil of Ow Cay of Boater:
ORDERED,
THAT
WHEREAS,
the City of Bangor acquired title to the Freese's
building, so-called, located at 74 Main Street in the
City of Bangor (Tax Map 42, Lot 146,. further described
as "Parcel One" in Book 3669, Page 1, Penobscot Registry
of Deeds) on December 8, 1994, by reason of the
statutory foreclosure of two FY 1993 taxliensaffecting
said property, said tax liens being recorded in Book
5343, Page 248 and Book 5343, Page 250,, Penobscot
Registry of Deeds, respectively; and
WHEREAS,
Charles Fitzgerald, as previous owner of the building,'
has asked the City Council to allow a late redemption of
the property and has tendered payment of $62,056.72 in
satisfaction of all delinquent and current taxes, lien
charges, interest and other chargee owed to the City of
Bangor as of January 27, 1995 on account of the Freese's
building; and
WHEREAS,
the Freese's building contains a number of uncorrected
code violations, including twelve violations required to
have been corrected by Mr. Fitzgerald on or before
August 29, 1992 under provisions of a consent decree
entered in Maine District Three District Court docket
no. 90 -LU -013 on October 10, 1990, and an order
subsequently entered on December 26, 1991 in docket no.
90 -LU -013; and
WHEREAS,
the Freese's building is the subject of a pending
foreclosure action by a private mortgage holder, Bruce
Slovin, in Penobscot Superior Court docket no.
CV -94-520; and
95-136
WEEREAS, the Freese's building has been identified as being i
need of rehabilitation and redevelopment in furtherance
of the City of Bangor's "Community Development Downtown
Revitalization Program" adopted in Council Order 82-239
on September 27, 1982; and
WEEREAB, private negotiations between Mr. Fitzgerald and private
parties interested in redeveloping the Freese's building
have failed to produce an agreement that will result in
correction of existing code violations and
rehabilitation of the Freese's building in accordance
with Council Order 82-239;
NOW, THEREFORE, By the City Council of the City of Bangor be it
ORDERBO, THAT the City Manager is directed to take possession of
the Freese's building effective April 3, 1995, and
thereafter to take all necessary steps to secure the
property against entry by unauthorized persona and
THAT the City Manager is directed to present a plan for
short-term management of the property to the Bangor City
Council at the Council's next regular meeting.
and be it further, ¢g
ORDERED, THAT the City Solicitor is hereby authorized to initiate
such legal proceedings as he shall deem necessary to
confirm the City of Bangor's title to theFreese's
building;
and be it further,
ORDERED, THAT an attested copy of this Order shall be recorded at
the Penobscot County Registry of needs on or after March
9, 1995 as evidence of the City of Bangor's entry into
possession of "Parcel One" as described in Book 3669,
Page 1, in said registry.
IN CITY COUNCIL 95-136
March 15, 1995 0 R p E R
Motion to Move After Order #109
OrdervTabled Title,
2;C NexCtMeCei
Authorizing City Mean at to Take Possession
I LBRK oty TaxMp42, Lot
146)
IN CITY COUNCIL ......•...•................... ......•
Merck 27, 1995,," �/-'
Passed F/M^Ll_
Assigned to
CITY CLERK T
..... i .. ......uncilsan
Councilman