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HomeMy WebLinkAbout1994-02-28 94-125 ORDERCOUNCIL ACTION Item No. 94-125 Date February 28. 1994 Item/Subject: Directing the City Manager to Take Possession of Haliseet Gardens Project, so-called, Tax Map 49, Lot 224 Responsible Department: Legal/Community & Economic Development In Executive Sessions, the City Council has considered taking action to assume possession of Maliseet Gardens due to non-payment of property taxes. The attached Order will direct City staff to take possession of the property on March 15, 1994 and to initiate necessary legal proceedings to confirm title to the property. City staff will also present a management plan for the property at the next City Council meeting. Department Head Manager's Comments: U%x ACity Manager Associated Information: Order 0 City solicitor Introduced For Passage First Reading Referral Page — of Budget Approval: /LGL Hance Director 0 City solicitor Introduced For Passage First Reading Referral Page — of 9Y-,�r n.:;�aea roCouayuu, CITY OF BANGOR Authorising Execution of Municipal Quitclaim (TITLE.) (brbert.... ............. ........... ...._.. _... Beed -- Property Located at 175 Exchange Street By tM City ComteH of de CEN ofBassmv .. ORDRIMs THAT 'Edward A. Barrett, City manager, is hereby authorized, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed, in a form approved by the City Solicitor, releasing any interest. the City may have in the property located at 175 Exchange Street as described in volume 4142, Page 313, Penobscot County Registry of Deeds to no Houlton Band of Maliseet Indiana. Said Deed shall preserve all deed covenants and restrictions contained in the prior Deed from the City of Bangor to the Houlton Band of Maliseet Indians recorded in volume 4142, Page 313, Penobscot Registry of Deeds. Said Deed shall not be delivered to The Houlton Band of Malfseet Indians until all tax and other accounts owed to the City of Bangor are brought current and all encroachment issues have been resolved to the satisfaction of the City Manager and the City Solicitor. 94-125 Assigned to C mwdw Stone February 28, 1994 CITY OF BANGOR (TITLE.) Mrbtr Directing _the City Me r to make P Basion of Maliseet Gardens Project, so-called, Tax Map 49, Lot 224 By the City CuaMt aloe caw of Saa✓en ORDERED. TWT WHEREAS, the Maliseet Gardens project, so-called, located at 175 Exchange Street, has been in a tax -delinquent. status for several years; and WHEREAS, the owners and/or managers of the project have failed to comply. with previous tax workout agreements negotiated in good faith by the City of Bangor; and WHEREAS, failure to pay taxes constitutes a breach of condition under a dead from the City of Bangor to Houlton Band of Maliseet Indians recorded in volume 4142, Page 313, Penobscot Registry of Deeds; and WHEREAS, the Maliseet Gardens project owed a total Of $140,138.95 in delinquent real estate taxes, lien charges, and interest as of December 27, 1993, making the property the largest single tax delinquent account n the City of Bangor; and WHERHAS, the City of Bangor's tax lien recorded in volume 5101, Page 68, Penobscot Registry of Deeds, was legally foreclosed for non-payment on December 27, 1993; and WHEREAS, the Maliseet Gardens project has rental income that provides an apparent present ability to pay taxes currently assessed and past due. 94-125 NOW,THEREFORE, by the City Council of the City of Bangor be it ORDERED, THAT the City Manager take possession of the Maliseet Gardens project effective March 15, 1994; that notice be given to all current tenants of the Maliseet Gardens project, in writing, that all rents falling due under their respective leases after March 15, 1994 shall be paid to the City of Bangor; and THAT the Director of Coneunity and Economic Development present a plan for management of the property to the Bangor City Council at the Council next regular meeting. and be it further, 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 the Maliseet Gardens project. - IN CITY COUNCIL February 28, 1994 Vote to Table and Consider ext meeting. Vote: 8 Yes. 1 No. Councilors Voting Yee: Blanchette, Balaacci, Cohen, Shubert, Soucy, Stone, Sullivan A Tyler Couacllors Voting Na: Popper M TU CLHR 94-125 ORDER Title, plrecting the City Manager to Ttto Possession Halloran Gardens project, so-called, Tac Map 49, Lot 224 00 SS Auigned to .LS.c.. �.......... ............ IN CITY COUNCIL Councilmen March 16, 1994 Amended by Substitution Vote to Amend by Substitution: 6 Yes, 1 No, 1 Absent Councilors Voting Yee: Baldacci, - - Blanchette, Cohen, Shubert, Soucy. Sullivan A Tyler Councilor Voting No: popper Councilor Assent: Stone Amande y Substitution a Passed M e ITU CLEF