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HomeMy WebLinkAbout1975-12-22 76 AD ORDERps AD ,j - pr Introduced by Councilor Soucy, Carrolton 22, 1975 CITY OF BANGOR (TITLEJ (DrbfTs Authorizing. ComPletion.of Eminent. Dmat p edi 8 Real Estate Located at 187-191 York Street, gauger, Maine -- Zitamr Realty, Inc. .. .. __.._..... ..___.___ _.._ ... ............. s9Y BERET WIBREAS, pursuant to 30 MRSA 14854 (1) the Bangor City Council by Resolution has authorized and approved the condemnation of the real estate designated as Parcel 11-10, located at '187-191 York Street, gouger, Maine, and owned by Zitaner Realty, Inc.; and WMEREAS, by virtue of 30 MESA'®4854 (2) certain actions must be taken by the municipal officers or the duly authorized representative for purposes of completing said copdemui[fon, NOW, THERERORE, By the City Council of the C1ry of Bangor ORDERED, THAT the City Solicitor Is hereby authorized and directed to take all -n ary action pursuant to 30 MISS'%4854 (2), and all acts related thereto, on behalf of the City of Banger and its municipal officers, for purposes of completing the condemnation and acquisition of said Parcel 11-10 by said City of Bangor, including, but not limited to, the following: (1) to file copies of approved Resolution of Condemnation in the Penobscot County Registry of Deeds; (2) to file copies of such approved Resolutions and Statements of the am of money approved by the municipality as just compensation for such property, in the Penobscot County Superior Court; (3) to deposit in the Penobscot County Superior Court bonds with surety sat fafactory to the Clerk of said Court, In anth amounts as the Court ahall determine to be ample and sufficient Cc satisfy the claims of all persons interested in such property; (4) t06arVe Upon the owners of and persons having an estate o Interest to such property a true and arrested copy of such approved Resolution and Statement of Estimated lust .Compensation; (s) to publish such Resolution together with the m of persona having a estate or interest i such property and the amount to be awarded to each of them in a newspaper of general circulation in Penobscot County at Least once a week for three consecutive weeks, and (6) to take title and possession of such property in the name of the City of Bangor. IN CITY COUNCIL -Cecem3ec 33, 1975 LPaesed: CITY C � ' op MR DER Title, ..8g[b4[SZSRg.g4a@lg;i 4g.;m.gggt ... - RECEIVED CITY OF BANGOR ,ggqp;2,g;ogees ge sea; ennatg,,,, CITY ClER$'S OFFICE aooetea at 187-191 Yo[k street, -°75 DECI6 PH 3 16 xanjoi. Mein -- 2itaner Realty, Inc., Intzoduc8d and filed by C UgWORANDUN December 2, 1415 M: City Council of the City of Bangor FRCN: Nomas C. Johnston, Asst. City Solicitor NE: Iminent lomain Proceedings under the Community Development Program To date, the. City has acquired 18 parcels in the Heneock-York Neighborhood Development Project "ea. Offers based upon the fair market value determined by the Finance Committee have been made on 45 Parcels. We have received three definite refu ls.W our offers. opportunities have been given to the property owners to present further evidence with regard me just compensation, and to negotiate. The Real Property Acquisition am passed by the City Council requires the Community Development Department to make a final offering t0 the owner prior to recommendation for institution of eminent domain proceedings. 'Final offers have been made on the following parcels: 11-10 Zitmer Realty, Inc. $6,500.00 11-15 Zitener Realty, Inc. 2,500.00 11-7 Violet Stem 11500.00 In order to Institute eminent domain Proceedings the municipal officers (City Connell) must adopt a Resolution of Condemnation which is then served upon the property owners and submitted to the legislative body of the municipality (the City Cowcil) for approval or disapproval. In the case of the City of Bangor this two step process is meaningless. Pressure from statelegislators representing municipalities having the selectmen -town meeting form of government, 'led to the inclusion of this two-step process in order W check the powers of the selectmen. Thus, in towns, the been meeting must give its assent to Eminent Domin proceedings. I recomiend that the procedure set forth in the statute be Precisely followed because of the possibility of litigation. If the City Council should approve the Resolution after its service upon the property owner, a copy of the Resolution would be filed in the Registry of Deeds. A- of the Resolution, together with a Statement of Just Compensation would be filed in Superior Court. The Court would then determine the amount W be deposited with the Court pending the outcome of any litigation. A Notice of Taking is then served upon the property owners and the Resolution is published in a newspaper of general circulation once a week for three consecutive weeks. Upon the deposit be the Court and the giving of Notice of Taking, the title to the property vests in the City. It is anticipated that Lids process will take two items at two separate meetings of the City Council. At the first meeting a Resolution of Condemnation will be placed on the Agenda. If it is adopted, the same Resolution will be submitted to the City Council at its next meeting for its approval or disapproval. Included in the resubmitted Resolution will be provisions directing the administration to file tow necessary documents in the Registry of Reeds and Superior Court, to deposit mmey with the Clerk of the Superior Court, to serve Notice of Taking upon the property owner(a), end to publish the Reeclution offordemeation once a week for throe consecutive weeks. T.C.J. i R4 C3 aTRICKL 60' T Q C I o Y „a R4 m 0 a C m so R1 A..' AGRIC. Rl .RESIDENTIAL 1 R4.'. RESIDENTIAL 4- Cd Cd CIVIC e INSTIL - C9'.COMMERCIAL 3 �.. AREA TO BE CHANGED FROM C&I To C2