HomeMy WebLinkAbout1981-06-08 81-189 ORDER@din
Introduced by Councilor Soucy, Sone e, 19a1
CITY OF BANGOR
(TITLE) (OrkF Authorizing Withdrawal of Notice of Intent to the .Federal
Energy Regulatory_ Commission
__.._....---- ..:. ........... _..._ ......... ...............
WHEREAS, the City Manager under Council Order No. 81-106, passed on
February 23, 1981, filed a Notice of Intent to submit an application to
the Federal Energy Regulatory Commission for a preliminary permit for a
water power project at the Bangor Dam site, and
WHEREAS, the City Council designated Swift River Company as tentative
developer of the Bangor Dam Site and established a negotiation committee
to develop ant, agreement with Swift River Company by Council Order No. 81-
113, passed on March 16, 1981, and
WHEREAS, Swift River Company has submitted a letter releasing its rights
to a FERC Permit in the event that the negotiation process does not result
in an agreement between the City of Bangor and Swift River,Company. A copy
of the letter is attached hereto.
NOW THEREFORE, by the City Council of the City of Bangor:
ORDERED, THAT the City Manager be authorized to withdraw the Notice of
Intent to the Federal Energy Regulatory Commission at such time as the
Negotiation Committee established under C.O.E 81-133 shall find that such
action is in the best interest of the City of Bangor.
STATEMENT OF FACT: This Order will permit the Negotiation Committee
to withdraw the Notice of Intent to the Federal
Energy Regulatory Commission filed by the City
and thus facilitatethepermit process for the
developer, Swift River Company, if the Committee
wishes.
IN CITY Cd IL
Tune 91 1981
.Pa\ssed
da
Deputy ity Creek
81_199
ORDER
Tiue,
Autt�o[i zinx WStbdra al oP NO[ica Of
Intent to the Peda[al Energy Reo�ulatary
Co�mniseion.
Introduced an fed
....
Come,
Jahn Flynn, City tanager
City of Bangor
Rarlow Street
Bangor, Maine 04401
Bear John
In recognition that negotiations between the City of all and Swift
River CodIpany are progressing productitely, and hecauee the Pedefal Energy
Ragulattcy Ccalmission wishes t0 issue the preliminary permit to study
deuelgment optfmis at the Mterworks Ban in to gor, Swift River Cu ny
requests that the City withdraw its letter of February 24, 1981, which
resertoad the City's rights to study and deaelop the site.
In consideration of the action by the City, Sift Ricer Company agrees
that (1) if it is unable to regotiate and execute prior to July 14, 1981 a
Written lease or other written agreement to lease of purchase the h'aterwmks
dean and facilities with the City; or (2) if Swift River fails prior to
December 31, 1981 to obtain a preliminary permit £ron ee1C to develop the
Waterworks site for hydroelectric power purposes; or (3) if, for any reason,
during the permit period it desires not to �araceed, Sift River shall than
inform the City of its decision artl shall relinquish to the City all rights,
together with copies of studies and data that it might have in comlection with
the site.
yours very truly,
/10 ;ffl rWN
Seen�.¢ rgreed
By 1 7V
t CHR & STBARNS
nTTonwrvS AT KeW
James E. Mi¢M1eP (19W-1980)
Mutism elm
Faneis A. Finnegan (1917-1958)
BOae
^nm� MJm, anal
john W, Ballon
(£a1) %M791
EdwaM H. KOh
Thomaz E. Neetlham
Counsel
Uand A. seem,
Stallry F. Needham
K m M, Caddy
Jahn H, Needham
Peace M. Waihvbee
Lams C S mm, 5d
Ke^nM L. Jmdao, Is
Jahn A. Wail jc
Gary F. narim
OM Town OW,,
Slephm J, Ballads
a Codes, sue,
M,,h,d & Hwm
JOIC 5, 1981
Old Is.., Melon (44MAndrtw
M. Mead
(407) V7 on
Jahn Flynn, City tanager
City of Bangor
Rarlow Street
Bangor, Maine 04401
Bear John
In recognition that negotiations between the City of all and Swift
River CodIpany are progressing productitely, and hecauee the Pedefal Energy
Ragulattcy Ccalmission wishes t0 issue the preliminary permit to study
deuelgment optfmis at the Mterworks Ban in to gor, Swift River Cu ny
requests that the City withdraw its letter of February 24, 1981, which
resertoad the City's rights to study and deaelop the site.
In consideration of the action by the City, Sift Ricer Company agrees
that (1) if it is unable to regotiate and execute prior to July 14, 1981 a
Written lease or other written agreement to lease of purchase the h'aterwmks
dean and facilities with the City; or (2) if Swift River fails prior to
December 31, 1981 to obtain a preliminary permit £ron ee1C to develop the
Waterworks site for hydroelectric power purposes; or (3) if, for any reason,
during the permit period it desires not to �araceed, Sift River shall than
inform the City of its decision artl shall relinquish to the City all rights,
together with copies of studies and data that it might have in comlection with
the site.
yours very truly,
/10 ;ffl rWN
Seen�.¢ rgreed
By 1 7V