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:
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ACity Manager
Associated Information: Order
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City solicitor
Introduced For
Passage
First Reading
Referral Page — of
Budget
Approval:
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Hance
Director
0
City solicitor
Introduced For
Passage
First Reading
Referral Page — of
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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